Case Digest (G.R. No. 48384)
Facts:
In Sula et al. v. Commission on Elections, the petitioners—Amil P. Sula, Gaspar S. Asi, and Hussien K. Malig, Sr., all residents and registered voters of Cotabato City—filed a petition dated March 1, 2019 before the Supreme Court. They challenged the Commission on Elections’ (COMELEC) conduct of the plebiscite held on January 21, 2019 in Cotabato City to ratify Republic Act No. 11054 (the Bangsamoro Organic Law), and the subsequent proclamation that the Organic Law was deemed ratified, thus including Cotabato City in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). The petitioners alleged that COMELEC exceeded the 150-day period prescribed by the Organic Law, that the plebiscite question was misleading by presuming an existing BARMM, and that massive irregularities (including manipulated voter registration, biased plebiscite committees, flying voters, and coercion) tainted the exercise, as evidenced by discrepancies in the Certificate of Canvass. Mayor Frances CynthiCase Digest (G.R. No. 48384)
Facts:
- Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (Republic Act No. 11054)
- Enacted on July 21, 2018 to:
- Determine the territory of the new autonomous region.
- Secure the identity of the Bangsamoro people and indigenous cultural communities and identify those who wish to be included.
- Took effect 15 days after complete publication—Official Gazette on August 6, 2018; two national dailies on July 31, 2018; local ARMM newspaper on August 25, 2018—thus effective on September 10, 2018.
- Commission on Elections’ preparation and conduct of plebiscites
- On December 13, 2018, COMELEC issued Resolution No. 10464 setting the January 21, 2019 plebiscite for ARMM, Isabela City, Basilan, and Cotabato City; and a second phase on February 2, 2019 for other areas.
- The official Cotabato City ballot asked:
- “PAYAG BA KAYO NA ISAMA ANG LUNGSOD COTABATO SA REHIYONG AWTONOMO NG BANGSAMORO?”
- Plebiscite results and proclamation
- January 21, 2019 plebiscite in Cotabato City yielded 38,682 “YES” and 24,994 “NO” votes out of 61,676 votes cast, but certificate showed only 39,027 actual voters.
- COMELEC en banc ordered a retabulation, reconciled discrepancies, and on January 25, 2019 proclaimed ratification of RA 11054 and inclusion of Cotabato City in the Bangsamoro Autonomous Region.
- Petition and intervenor proceedings
- On March 1, 2019, Sula, Asi, and Malig filed a Rule 65 petition (certiorari, prohibition, mandamus, injunctive relief) challenging:
- Conduct and timing of the January 21, 2019 plebiscite.
- Ballot question framing.
- Alleged scheduling beyond the 150-day period.
- Alleged massive irregularities and discrepancy in vote tallies.
- On December 5, 2019, Mayor Guiani-Sayadi filed a petition-in-intervention asserting direct public interest and taxpayer standing.
- The case proceeded through motions to suspend comment periods, filings of comments, replies, and multiple urgent motions to resolve pending injunctive relief.
Issues:
- Whether Mayor Guiani-Sayadi’s petition-in-intervention should be granted.
- Whether COMELEC committed grave abuse of discretion in ratifying RA 11054 and including Cotabato City in BARMM via the January 21 and February 2, 2019 plebiscites.
- Whether a Temporary Restraining Order or Writ of Preliminary Injunction should issue to enjoin COMELEC from implementing RA 11054 with respect to Cotabato City.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)