June 2007 - Philippine Supreme Court Resolutions
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[G.R. No. 178168 : June 28, 2007] AQUILINO L. PIMENTEL III VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL F. ZUBIRI :
[G.R. No. 178168 : June 28, 2007]
AQUILINO L. PIMENTEL III VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL F. ZUBIRI
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated 28 JUNE 2007
G.R. No. 178168 (Aquilino L. Pimentel III vs. Commission on Elections and Juan Miguel F. Zubiri).- The Court Resolved to NOTE the
This VERIFIED PETITION for certiorari and prohibition dated June 20, 2007, as supplemented, with prayer for the issuance of a temporary restraining order (TRO) and/or preliminary injunction assails (a) the June 6, 2007 Order of the Commission on Elections (COMELEC) en banc initiating proceedings in COMELEC Ref. 07-091 towards declaring a failure in the conduct of the May 14, 2007 elections in Maguindanao and requiring all proclaimed officials, if any, in the that province to prove that elections were indeed held on May 14, 2007 in that province and that they were duly elected and proclaimed; (b) the Order authorizing the Task Force Maguindanao (TFM) to examine and/or look into the alleged accountable election documents in the hands of election officers of Maguindanao; and (c) the June 15, 2007 Order of the COMELEC denying the motion of the petitioner for the former to convert itself into the National Board of Canvassers and for it to proclaim the petitioner based on the national canvass excluding Maguindanao.
Petitioner filed its SUPPLEMENTAL PETITION, dated June 25, 2007 in view of the alleged supervening canvassing of votes undertaken by the Special Provincial Board of Canvassers (SPBOC) for Maguindanao mainly using the alleged twenty-one (21) Municipal Certificates of Canvass (MCOC) retrieved by TFM.
In its application for a TRO, petitioner basically prays that the COMELEC and its agents and representatives, inclusive of the SPBOC, be enjoined and restrained from continuing with the proceedings for the canvass or recanvass of the Maguindanao votes for senators and/or from including the MCOCs and other documents thus retrieved in the canvass or recanvass of votes for Maguindanao.
By Resolution dated June 26, 2007, the Court en banc directed the COMELEC and respondent Juan Miguel F. Zubiri, if he so desires, to submit their respective comments on the verified petition on or before 12:00 noon of June 28, 2007.
In due time, both public and private respondents submitted their respective comments.
On June 28, 2007 the Court heard the parties on oral arguments on the application for a TRO.
Considering the arguments earnestly pressed on the Court, we are not inclined to issue a TRO.
The COMELEC is endowed with the exclusive power and function to enforce and administer all laws and regulations relative to the conduct of an election.[1] In the exercise of such power and in the discharge of such function, the COMELEC is endowed with ample wherewithal and considerable latitude in adopting means and methods that will insure the accomplishment of the great objectives for which it was created, which is to promote free, orderly and honest elections.[2]
The orders of the COMELEC creating the SPBOC for the purpose of canvassing or recanvassing the senatorial votes in Maguindanao are in furtherance of the COMELEC's mandate to regulate elections to public office to the end that the true will and legitimate choice of this electorate is ascertained. COMELEC should be allowed to perform/complete its task to its logical end without the restraining interference from this Court. While the preservation of the integrity of the electoral process and the determination of the true results of the election are everybody's concern, they are, at the first instance, that of the COMELEC. The bona fides of the Commission's actions should not be put to test even before it completes its mission as an administrative body or as National Board of Canvasser for senators. Granting the TRO and in the process nullify all the COMELEC's efforts towards ascertaining the true results of the senatorial elections in Maguindanao would deny COMELEC the necessary means so crucial in determining the twelfth winning senatorial candidate in the May 2007 elections. The Court must not, by excessive zeal, take away from the COMELEC that initiative which by constitutional and legal mandate properly pertains to it. And let it be stressed that disregarding election returns which would necessarily affect the outcome of an election for a given office initially gives rise to an incomplete canvass of returns which cannot be the basis of a proclamation.[3] Allegations that the documents used, being used or which COMELEC has allowed to be used for the purpose of the canvass are manufactured and, therefore, should be excluded wholesale have yet to be established. Such allegations cannot, to be sure, be rational basis for a restraining order.
WHEREFORE, application of petitioner Aquilino L. Pimentel III for a temporary restraining order is DENIED.
After the oral argument, by agreement of the parties, they are given ten (10) days from today within which to SUBMIT simultaneously their respective MEMORANDA on the main case.
G.R. No. 178168 (Aquilino L. Pimentel III vs. Commission on Elections and Juan Miguel F. Zubiri).- The Court Resolved to NOTE the
(a) Urgent Motion (To Suspend Proceedings) dated June 26, 2007 but received on June 28, 2007, filed by counsel for petitioner praying that any and all proceedings relative to the canvass of the provincial certificate of canvass from Maguindanao be held in abeyance and that no further action be taken on the same pending the resolution of the petition for certiorari and prohibition filed before the Supreme Court;At the hearing on the application for a Temporary Restraining Order this afternoon, Atty. Aquilino L. Pimentel III appeared and argued for himself, together with Attys. Daniel T. Salomon, Jaime Ma. F. Flores II, Leila M. De Lima, Francisco Joaquin and Vicente Caoile, Jr. Attys. Romulo Macalintal and George Erwin Garcia appeared for respondent Juan Miguel F. Zubiri with Atty. Macalintal arguing. Assistant Solicitor General Amparo Cabotaje-Tang, Solicitor Sonny Von Roaya, Associate Solicitors Wilson Vinoya, Blesilda Abad and Veronica Inoturan appeared for public respondent COMELEC with Assistant Solicitor General Tang arguing. Atty. Alioden Dalaig also appeared for public respondent COMELEC.
(b) Comment on the petition dated June 28, 2007 filed by counsel for private respondent Juan Miguel Zubiri, in compliance with the resolution of June 26, 2007; and
(c) Comment on the petition (With Opposition to the Application for the Issuance of a Temporary Restraining Order [TRO] and/or Writ of Preliminary Injunction), dated June 28, 2007 filed by counsel for public respondent Commission on Elections, in compliance with the resolution of June 26, 2007.
This VERIFIED PETITION for certiorari and prohibition dated June 20, 2007, as supplemented, with prayer for the issuance of a temporary restraining order (TRO) and/or preliminary injunction assails (a) the June 6, 2007 Order of the Commission on Elections (COMELEC) en banc initiating proceedings in COMELEC Ref. 07-091 towards declaring a failure in the conduct of the May 14, 2007 elections in Maguindanao and requiring all proclaimed officials, if any, in the that province to prove that elections were indeed held on May 14, 2007 in that province and that they were duly elected and proclaimed; (b) the Order authorizing the Task Force Maguindanao (TFM) to examine and/or look into the alleged accountable election documents in the hands of election officers of Maguindanao; and (c) the June 15, 2007 Order of the COMELEC denying the motion of the petitioner for the former to convert itself into the National Board of Canvassers and for it to proclaim the petitioner based on the national canvass excluding Maguindanao.
Petitioner filed its SUPPLEMENTAL PETITION, dated June 25, 2007 in view of the alleged supervening canvassing of votes undertaken by the Special Provincial Board of Canvassers (SPBOC) for Maguindanao mainly using the alleged twenty-one (21) Municipal Certificates of Canvass (MCOC) retrieved by TFM.
In its application for a TRO, petitioner basically prays that the COMELEC and its agents and representatives, inclusive of the SPBOC, be enjoined and restrained from continuing with the proceedings for the canvass or recanvass of the Maguindanao votes for senators and/or from including the MCOCs and other documents thus retrieved in the canvass or recanvass of votes for Maguindanao.
By Resolution dated June 26, 2007, the Court en banc directed the COMELEC and respondent Juan Miguel F. Zubiri, if he so desires, to submit their respective comments on the verified petition on or before 12:00 noon of June 28, 2007.
In due time, both public and private respondents submitted their respective comments.
On June 28, 2007 the Court heard the parties on oral arguments on the application for a TRO.
Considering the arguments earnestly pressed on the Court, we are not inclined to issue a TRO.
The COMELEC is endowed with the exclusive power and function to enforce and administer all laws and regulations relative to the conduct of an election.[1] In the exercise of such power and in the discharge of such function, the COMELEC is endowed with ample wherewithal and considerable latitude in adopting means and methods that will insure the accomplishment of the great objectives for which it was created, which is to promote free, orderly and honest elections.[2]
The orders of the COMELEC creating the SPBOC for the purpose of canvassing or recanvassing the senatorial votes in Maguindanao are in furtherance of the COMELEC's mandate to regulate elections to public office to the end that the true will and legitimate choice of this electorate is ascertained. COMELEC should be allowed to perform/complete its task to its logical end without the restraining interference from this Court. While the preservation of the integrity of the electoral process and the determination of the true results of the election are everybody's concern, they are, at the first instance, that of the COMELEC. The bona fides of the Commission's actions should not be put to test even before it completes its mission as an administrative body or as National Board of Canvasser for senators. Granting the TRO and in the process nullify all the COMELEC's efforts towards ascertaining the true results of the senatorial elections in Maguindanao would deny COMELEC the necessary means so crucial in determining the twelfth winning senatorial candidate in the May 2007 elections. The Court must not, by excessive zeal, take away from the COMELEC that initiative which by constitutional and legal mandate properly pertains to it. And let it be stressed that disregarding election returns which would necessarily affect the outcome of an election for a given office initially gives rise to an incomplete canvass of returns which cannot be the basis of a proclamation.[3] Allegations that the documents used, being used or which COMELEC has allowed to be used for the purpose of the canvass are manufactured and, therefore, should be excluded wholesale have yet to be established. Such allegations cannot, to be sure, be rational basis for a restraining order.
WHEREFORE, application of petitioner Aquilino L. Pimentel III for a temporary restraining order is DENIED.
After the oral argument, by agreement of the parties, they are given ten (10) days from today within which to SUBMIT simultaneously their respective MEMORANDA on the main case.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Art. IX-C, Sec. 2 (1), Constitution.
[2] LDP v. COMELEC, G.R. No. 161265, February 24, 2004, 423 SCRA 665, citing Sanchez v. COMELEC, G.R. No. L-55513, June 19, 1982, 114 SCRA 454.
[3] Utto v. COMELEC, G.R. No. 150111, January 31, 2002, 375 SCRA 523, citing Mutuc v. Comelec, G.R. No. L-28517, February 21, 1968, 22 SCRA 662.
