Case Summary (G.R. No. L-2731-32)
Factual Background
Following the elections on May 14, 2001, the ballot boxes were taken to the headquarters of the 104th Army Brigade in Jolo, Sulu, for centralized counting. By May 17, 2001, the Municipal Board of Canvassers (BOC) had completed the canvassing and proclaimed Abdusali Asmadun the mayor-elect based on a Certificate of Canvass (COC) signed by the BOC Chairman and Secretary, although the Vice-Chairman's signature was absent. In a conflicting move, Hadja Nida B. Aradais was simultaneously proclaimed mayor-elect based on a second COC, which had the same serial number but was signed by all three BOC members.
Petitioner’s Actions and COMELEC Involvement
On May 19, 2001, Asmadun took his oath of office, followed by Aradais on June 23, 2001. After discovering that COMELEC recognized only Asmadun's proclamation, Aradais filed for annulment of Asmadun's proclamation along with a plea for a writ of preliminary injunction and/or temporary restraining order. In response, the COMELEC established an ad hoc committee to investigate the double proclamations, requiring both candidates and other involved parties to submit position papers and relevant evidence.
The Ad Hoc Committee's Recommendations
The Ad Hoc Committee, after conducting a hearing, concluded that the first COC proclaiming Asmadun was valid, while the second COC for Aradais was found to be a falsification. Consequently, they recommended affirming Asmadun's proclamation and invalidating Aradais's, prompting a further investigation into the preparation of the fraudulent documents.
COMELEC Resolutions and Appeal
On August 21, 2002, the COMELEC Second Division affirmed the findings of the Ad Hoc Committee, declaring Asmadun as the duly-elected mayor and nullifying Aradais's claim. After her motion for reconsideration was denied by a March 31, 2003 resolution, Aradais sought relief from the Supreme Court through this petition.
Legal Arguments and Court’s Analysis
The petitioner asserted that the COMELEC had unlawfully delegated its constitutional duty to the ad hoc committee without conducting an independent assessment of the evidence. The Court, however, held that the findings from the ad hoc commit
...continue readingCase Syllabus (G.R. No. L-2731-32)
Case Background
- The case involves a Petition for Certiorari filed by Hadja Nida B. Aradais against the Commission on Elections (COMELEC) and Abdusali Asmadun.
- The petition seeks to nullify the March 31, 2003 Resolution of the COMELEC En Banc in SPA Case No. 01-362 concerning the annulment of Asmadun's proclamation as Mayor-Elect of Lugus, Sulu.
- Aradais and Asmadun were candidates for the mayoralty in the May 14, 2001 elections in Lugus, Sulu.
Election Process and Proclamations
- The casting and counting of votes were conducted, with ballot boxes taken to the 104th Army Brigade in Jolo, Sulu for central counting.
- The canvassing was completed on May 17, 2001, leading to the proclamation of Asmadun as mayor-elect through a Certificate of Canvass (COC) signed by the Municipal Board of Canvassers (BOC).
- Aradais was also proclaimed mayor-elect the same day under a second COC bearing the same serial number but signed by all BOC members.
- Asmadun assumed office on July 2, 2001, while Aradais took her oath on June 23, 2001.
Legal Controversy
- Following the elections, a letter from the Regional Election Director indicated that only Asmadun's proclamation was recognized, rendering Aradais's proclamation without legal effect.
- In res