Case Summary (G.R. No. 181249)
Nature of the Controversies
These cases relate to pre-proclamation controversies stemming from the May 1992 local elections. Verceles contests a COMELEC resolution that prohibited municipal boards from ruling on objections to election returns concerning provincial offices. Borja appeals against a resolution that allowed the proclamation of winners despite pending disqualification proceedings against a rival candidate. Madum seeks a recount of votes in 35 precincts and contends there was a failure of election in four others.
Legal Framework
The issues presented in these cases are governed by the Omnibus Election Code and Republic Act No. 7166. Specifically, Section 16 of R.A. 7166 addresses the termination of pre-proclamation cases upon the commencement of the term of office of proclaimed candidates, affirming the rulings of the boards of canvassers unless additional proceedings are deemed meritorious by COMELEC or a relevant order is issued by the Supreme Court.
Mootness of Pre-Proclamation Issues
It was determined that since no restraining order was issued and the winning candidates had already started their terms on June 30, 1992, the pre-proclamation issues presented had become moot and academic. Consequently, the petitions concerning these issues were dismissed.
Specific Findings on Recount Petition
While the petition for a recount of votes in the case of Madum was examined under legal precedents, it was dismissed for lack of merit. The court found that the alleged discrepancies in the affected precincts were insufficient to materially alter the outcome of the elec
...continue readingCase Syllabus (G.R. No. 181249)
Background of the Case
- The cases involve three separate petitions concerning election-related disputes in the Philippines, specifically pertaining to gubernatorial, mayoralty, and municipal positions.
- The petitions were consolidated due to their shared nature of addressing pre-proclamation controversies that arose during the election process.
Petitioners and Their Claims
G.R. No. 105227: Leandro I. Verceles, a candidate for Governor of Catanduanes, seeks to annul the Commission on Elections (COMELEC) Resolution No. 92-1485 issued on May 14, 1992, which prevented the Municipal Board of Canvassers from ruling on objections to election returns for provincial offices, claiming it violated the Omnibus Election Code and R.A. No. 7166.
G.R. Nos. 105870-74: Benjamin U. Borja, Jr., a candidate for mayor of Pateros, challenges the COMELEC's resolution dated June 27, 1992, which denied his appeal to exclude specific election returns and ordered the Municipal Board of Canvassers to complete the canvass and proclaim winners despite ongoing disqualification proceedings against his opponent, Jose T. Capco, Jr.
G.R. No. 105939: Ombawa B. Madum, a mayoralty candidate in Marawi City, contests COMELEC Resolution No. 2489 issued on June 29, 1992, which dismissed his petition for a recount of votes across 35 precincts and for a declaration of failure of election in four precincts, thereby facilitating the proclamation of his opponent, Atty. Abbas M. Basman.