G.R. No. 135927 - Sarangani vs. Commission on Elections

On September 15, 1997, Hadji Oblais R. Omar et al. filed with COMELEC a petition to annul the books of voters and abolish several precincts in Madalum, Lanao del Sur, including Padian Torogan.
On September 18, 1997, the COMELEC Clerk telegrammed the respective Boards of Election Inspectors (BEIs) to file answers to the petition.

On October 31, 1997, Sultan Usman T. Sarangani (incumbent mayor) and other oppositors filed an “Answer in Opposition,” supported by affidavits of barangay chairmen attesting to bona fide existence of the precincts.
After hearings and submission of exhibits, on February 11, 1998, COMELEC referred the case to its Law Department. On April 29, 1998, the Law Department directed the Provincial Election Supervisor to conduct a “rigorous incisive investigation” of alleged ghost precincts.

By memorandum dated June 13, 1998, a COMELEC Task Force (led by EO Casan Macadato) was created to inspect twelve alleged ghost barangays, including Padian Torogan.
On June 18, 1998, the Team conducted an ocular inspection at Padian Torogan and found only two derelict structures, no residents or voters, and learned from locals that “Padian-Torogan” referred to a cemetery, not a settlement.

On June 29, 1998, COMELEC En Banc issued an Order: (a) declared Padian Torogan a ghost precinct to be excluded from the upcoming special election; (b) directed further investigations; and (c) recommended relief or transfer of the local chief of police and deployment of security for continued inspections.
On November 3, 1998, petitioners filed a Rule 65 petition for certiorari and mandamus before the Supreme Court, alleging grave abuse of discretion and disenfranchisement of voters.

Whether the COMELEC gravely abused its discretion in declaring Precinct 27A of Barangay Padian Torogan as a ghost precinct based on an allegedly partial and irresponsible investigation.
Whether the COMELEC Order violated Sections 145 and 150 of the Omnibus Election Code and resulted in unlawful disenfranchisement of qualified voters merely days before the special election.