Case Summary (G.R. No. 133676)
Applicable Law
- 1987 Philippine Constitution (decision date April 14, 1999)
- Republic Act No. 8436 (Automated Election System)
- Omnibus Election Code (for procedural analogy)
Key Dates
- December 22, 1997: RA 8436 enacted
- May 11–12, 1998: ARMM elections, including Sulu
- May 12, 1998: Discrepancies discovered in Pata; COMELEC Minute Resolution No. 98-1747 orders manual count in Pata
- May 13, 1998: Minute Resolution No. 98-1750 orders ballots and machines flown to Manila for combined manual/automated operations
- May 15, 1998: Minute Resolution No. 98-1796 sets rules for manual count in Sulu
- May 18, 1998: Petitioner files Rule 65 petition; manual count begins
- June 8, 1998: Abdusakur Tan proclaimed Governor-elect based on manual count
- June 23, 1998: Supreme Court issues status quo order
- August 20, 1998: Yusop Jikiri intervenes
- September 25, 1998: Oral arguments
- April 14, 1999: Supreme Court en banc issues decision
Facts
Congress mandated automated voting, counting and canvassing in ARMM under RA 8436. In the May 11, 1998 elections, automated machines were used in Sulu. Early May 12, COMELEC Task Force Head Tolentino found that ballots from Pata with misaligned ovals were misread, yielding zero votes for a candidate despite marked ballots. Further reports showed that five other municipalities (Talipao, Siasi, Indanan, Tapul and Jolo) produced rejections due to wrong sequence codes on local ballots. After a meeting among candidates and security forces—where Loong and Jikiri favored continuing automation but Tan, Tulawie, the AFP and PNP officials recommended manual count—Tolentino recommended suspension of the automated count province-wide. COMELEC en banc issued successive minute resolutions: 98-1747 (manual count in Pata), 98-1750 (relocate ballots and machines to PICC, Manila, for combined manual/automated operations), and 98-1796 (detailed rules for manual count, including special boards of inspectors). Despite a provision for parallel automated counting, only manual count was conducted, supervised by COMELEC officials and observed by candidate watchers. Loong filed a certiorari and prohibition petition under Rule 65, alleging COMELEC exceeded jurisdiction, violated RA 8436’s mandatory automation, denied due process and invited fraud. Tan was proclaimed on June 8, 1998; Jikiri became intervenor.
Issues
- Is certiorari under Rule 65 the proper remedy?
- Assuming it is, did COMELEC commit grave abuse of discretion in ordering manual count?
a. Was there a legal basis for manual count under RA 8436?
b. Were the factual grounds (ballot defects, peace and order concerns) reasonable?
c. Were Loong and Jikiri denied due process? - If manual count is illegal, should a special election be called for Governor of Sulu?
Decision
- Certiorari was the proper remedy to review final COMELEC resolutions in the exercise of its quasi-judicial powers (Const. Art. IX(A), Sec. 7).
- COMELEC did not gravely abuse its discretion in ordering manual count.
a. Although RA 8436 mandated automation, it did not anticipate non-machine-related ballot defects. The Constitution (Art. IX(C), Sec. 2(1)) vests COMELEC with broad authority to administer all election laws.
b. The technical experts and machine suppliers confirmed that misaligned ovals and wrong sequence codes (printing errors by the National Printing Office) rendered local ballots unreadable or rejectable by machines. To continue automated count would have produced grossly erroneous results. Moreover, reports of tension and security threats in Sulu, a historically violent elec
Case Syllabus (G.R. No. 133676)
Procedural History
- Petition for certiorari and prohibition under Rule 65 was filed by petitioner Tupay T. Loong on May 25, 1998, challenging Minute Resolutions Nos. 98-1747, 98-1750, 98-1796, and 98-1798 issued by the Commission on Elections (COMELEC) en banc.
- Petitioner alleged grave abuse of discretion, lack of jurisdiction and violation of R.A. No. 8436 when COMELEC ordered manual counting of votes in all 18 municipalities of Sulu.
- COMELEC en banc promulgated:
• Minute Resolution No. 98-1747 (May 12, 1998) – suspend automation and manually count ballots in Pata only
• Minute Resolution No. 98-1750 (May 13, 1998) – transport machines and ballots to Manila for both automated and manual operations
• Minute Resolution No. 98-1796 (May 15, 1998) – detailed rules for manual count of local ballots in Pata, parallel automation of national ballots
• Minute Resolution No. 98-1798 (May 17, 1998) – procedure for manual count of local ballots, automated count of national ballots at PICC - Private Respondent Abdusakur Tan was proclaimed governor-elect on June 8, 1998, based on manual count returns.
- Intervenor Yusop Jikiri filed a timely motion to intervene, adopting grounds of denial of due process and illegality of manual count under R.A. No. 8436.
- Petition and intervention were heard in oral argument (Sept. 25, 1998) followed by memoranda.
- Supreme Court resolved to dismiss the petitions, uphold COMELEC’s resolutions, lift status quo order (June 23, 1998), and recognize Tan’s proclamation.
Factual Background
- R.A. No. 8436 mandated automated elections in ARMM, including Sulu, first used May 11, 1998.
- Atty. Jose Tolentino Jr., headed COMELEC Task Force Sulu with administrative oversight. Voting on election day was peaceful.
- On May 12, 1998, during automated counting at Sulu State College, inspectors and watchers reported that election returns for Pata failed to reflect votes actually cast (e.g., candidate Anton Burahan’s ballots recorded as zero).
- Random checking confirmed misalignment of ovals on local ballots printed by the National Printing Office caused machine misreads; machines themselves were found serviceable.
- COMELEC technical experts also discovered five other municipalities (Talipao, Siasi, Indanan, Tapul, Jolo) had ballots rejected due to wrong sequence codes.
- Simultaneously, reports of mounting tensions and potential violence in Sulu prompted security concerns.
Emergency Meetings and Positions of Parties
- May 12, 1998, 12:30 p.m.: Emergency conference at 3rd Marine Brigade, attended by:
• Candidates for Governor: Loong (automation), Tan (manual), Jikiri (automation), Tulawie (manual)
• Military-police leadership (AFP, PNP) recommending manual count to preserve peace
• Congressional candidates and watchers - No consensus; Loong and Jikiri insisted on continuing automation, Tan and Tulawie pressed for manual count. Written position papers were requested.
COMELEC en banc Resolutions
- Minute Resolution No. 98-1747 (May 12, 1998): In public interest and pending investigation, suspend automated count and order ma