July 2009 - Philippine Supreme Court Resolutions
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[G.R. NOS. 180250/180744 : July 08, 2009] ROLANDO Z. TIGAS V. COMMISSION ON ELECTIONS, ROSELLER C. NAVARRO AND AIDA DG MACALINAO :
[G.R. NOS. 180250/180744 : July 08, 2009]
ROLANDO Z. TIGAS V. COMMISSION ON ELECTIONS, ROSELLER C. NAVARRO AND AIDA DG MACALINAO
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 28, 2009
"G.R. NOS. 180250/180744 (Rolando Z. Tigas v. Commission on Elections, Roseller C. Navarro and Aida DG Macalinao). - For resolution are the petitions for certiorari assailing the Resolutions of the Commission on Elections (COMELEC) dated June 26, 2007 and October 26, 2007 and the Order dated December 6, 2007 filed by petitioner Rolando Z. Tigas.
Petitioner and respondents Aida Macalinao and Roseller Navarro were all contenders for the mayoralty position for the Municipality of Samal, Bataan. Petitioner obtained the highest number of votes and was proclaimed as the duly-elected Mayor. Respondents filed a Consolidated Petition7 to Annul Proclamation before the COMELEC, docketed as SPC Case No. 07-064.
In a Resolution dated July 26, 2007, the COMELEC Special First Division declared the proclamation of petitioner null and void. Upon motion for reconsideration, the COMELEC en banc, among others, affirmed the annulment of petitioner's proclamation, constituted a new Municipal Board of Canvassers (MBOC) and directed the same to canvass the assailed forty-one (41) Election Returns (ERs) and, thereafter, proclaim the winning candidate in a Resolution dated October 26, 2007.
Petitioner filed a petition for certiorari (G.R. No. 180250) praying that the Resolution dated June 26, 2007 nullifying the proclamation of petitioner as mayor-elect of Samal, Bataan and the Resolution dated October 26, 2007 affirming the annulment of the said proclamation, be reversed and set aside and, instead, issue another Resolution affirming the proclamation of petitioner as mayor-elect of Samal, Bataan.
Meanwhile, the newly constituted MBOC filed before respondent COMELEC en banc a Motion for Clarification and for Substitution of Member praying for the issuance of an Order specifying the forty-one (41) precincts to be canvassed by the said new MBOC.
The COMELEC en banc issued an Order dated December 6, 2007 modifying the said Resolution by specifying the forty-one (41) precincts to be canvassed.
Thereupon, the new MBOC convened on December 19, 2007. According to the Report submitted by the new MBOC, they had canvassed thirty-eight (38) out of the forty-one (41) questioned precincts. Upon examination of the election returns, the Board observed that all thirty-eight (38) election returns were duly executed and appeared to be authentic. Thus, the new MBOC proceeded to canvass all the thirty-eight (38) election returns and, thereafter, prepared the Certificate of Canvass and Proclamation. The new MBOC proclaimed petitioner Rolando Z. Tigas as the winning mayoralty candidate of Samal, Bataan, with a total of 8,091 votes.
During the interregnum, petitioner filed another petition for certiorari (G.R. No. 180744) seeking to nullify the December 6, 2007 Order of the COMELEC and praying for the Proclamation of petitioners as mayor-elect of Samal, Bataan.
In the Resolution dated November 20, 2007, the Court directed respondents to file their Comment. In the Resolution dated January 15, 2008, the Court resolved to consolidate these petitions.
In its Comment, the Office of the Solicitor General (OSG) joined the petitioner's cause and argued that the COMELEC erred in annulling petitioner's proclamation as Mayor of Samal, Bataan and in ordering the special canvass for forty-one (41) precincts for lack of basis. The power to annul an election should be exercised with the greatest care, as it involves the free and fair expression of the popular will. It is only in extreme cases of fraud and under similar circumstances that demonstrate to the fullest degree a fundamental and wanton disregard of the law that elections are annulled, and then only when it becomes impossible to take any other step.
With the adverse position of the OSG, the Court directed the COMELEC to file its Comment in the Resolution dated November 11, 2008.
In its Comment, the COMELEC averred that the convening of the new MBOC on December 19, 2007 and the subsequent proclamation of petitioner Rolando Z. Tigas as the winning mayoralty candidate for Samal, Bataan had rendered herein petitions moot and academic.
In his Comment, respondent Roseller Navarro averred that petitioner had already been re-proclaimed by the new MBOC when it re-canvassed the questioned election returns, thereby making both petitions in the above-entitled case moot and academic. The new MBOC proceeded to canvass and re-proclaim petitioner, as the COMELEC or the MBOC did not receive any temporary restraining order and/or preliminary injuction from the Court.
In her Manifestation and Compliance, respondent Aida Macalinao alleged that the consolidated petitions in G.R. No. 180250 and G.R. No. 180744 in the above-entitled cases were deemed moot and academic and should not be given due course in view of the dismissal by the COMELEC of SPC Case No. 07-064, resulting in the proclamation anew of petitioner Rolando Z. Tigas as the duly-elected Mayor of Samal, Bataan and the subsequent institution by respondent Roseller C. Navarro of an election protest before the Regional Trial Court of Bataan, Branch 2, Balanga City, docketed therein as EP Case No. 34-07 involving the same position as Mayor of Samal, Bataan.
In his Consolidated Reply, petitioner alleged that he was lucky to have been proclaimed the second time at the special canvassing held on December 19, 2007, although it remained true that the questioned resolutions and order of the COMELEC were a travesty to the various jurisprudence laid down by the Court as well as the Election Laws and the COMELEC Rules of Procedure. The patently illegal resolutions and order of the COMELEC unduly prejudiced the petitioner as well as the electorate of Samal, Bataan. As a result, respondent Navarro was emboldened to file a protest with the RTC, whereby, again, rules were bended in favor of respondent Navarro. Fortunately, petitioner won in the RTC and was proclaimed as the winner. The ruling on this protest is now the subject of an appeal with the COMELEC.
Considering that the ultimate relief prayed for in the herein consolidated petitions by petitioner is the affirmance of his proclamation as mayor of Samal, Bataan, and considering further that the new Municipal Board of Canvassers appointed by the COMELEC in its questioned Resolution dated October 26, 2007 and as modified in its Order dated December 26, 2007 has already convened, canvassed, and proclaimed anew the petitioner as the winning candidate, these petitions have been rendered moot and academic.
ACCORDINGLY, the Court Resolves to DISMISS the petitions for certiorari for being moot and academic. "
Brion, J., on official leave.
"G.R. NOS. 180250/180744 (Rolando Z. Tigas v. Commission on Elections, Roseller C. Navarro and Aida DG Macalinao). - For resolution are the petitions for certiorari assailing the Resolutions of the Commission on Elections (COMELEC) dated June 26, 2007 and October 26, 2007 and the Order dated December 6, 2007 filed by petitioner Rolando Z. Tigas.
Petitioner and respondents Aida Macalinao and Roseller Navarro were all contenders for the mayoralty position for the Municipality of Samal, Bataan. Petitioner obtained the highest number of votes and was proclaimed as the duly-elected Mayor. Respondents filed a Consolidated Petition7 to Annul Proclamation before the COMELEC, docketed as SPC Case No. 07-064.
In a Resolution dated July 26, 2007, the COMELEC Special First Division declared the proclamation of petitioner null and void. Upon motion for reconsideration, the COMELEC en banc, among others, affirmed the annulment of petitioner's proclamation, constituted a new Municipal Board of Canvassers (MBOC) and directed the same to canvass the assailed forty-one (41) Election Returns (ERs) and, thereafter, proclaim the winning candidate in a Resolution dated October 26, 2007.
Petitioner filed a petition for certiorari (G.R. No. 180250) praying that the Resolution dated June 26, 2007 nullifying the proclamation of petitioner as mayor-elect of Samal, Bataan and the Resolution dated October 26, 2007 affirming the annulment of the said proclamation, be reversed and set aside and, instead, issue another Resolution affirming the proclamation of petitioner as mayor-elect of Samal, Bataan.
Meanwhile, the newly constituted MBOC filed before respondent COMELEC en banc a Motion for Clarification and for Substitution of Member praying for the issuance of an Order specifying the forty-one (41) precincts to be canvassed by the said new MBOC.
The COMELEC en banc issued an Order dated December 6, 2007 modifying the said Resolution by specifying the forty-one (41) precincts to be canvassed.
Thereupon, the new MBOC convened on December 19, 2007. According to the Report submitted by the new MBOC, they had canvassed thirty-eight (38) out of the forty-one (41) questioned precincts. Upon examination of the election returns, the Board observed that all thirty-eight (38) election returns were duly executed and appeared to be authentic. Thus, the new MBOC proceeded to canvass all the thirty-eight (38) election returns and, thereafter, prepared the Certificate of Canvass and Proclamation. The new MBOC proclaimed petitioner Rolando Z. Tigas as the winning mayoralty candidate of Samal, Bataan, with a total of 8,091 votes.
During the interregnum, petitioner filed another petition for certiorari (G.R. No. 180744) seeking to nullify the December 6, 2007 Order of the COMELEC and praying for the Proclamation of petitioners as mayor-elect of Samal, Bataan.
In the Resolution dated November 20, 2007, the Court directed respondents to file their Comment. In the Resolution dated January 15, 2008, the Court resolved to consolidate these petitions.
In its Comment, the Office of the Solicitor General (OSG) joined the petitioner's cause and argued that the COMELEC erred in annulling petitioner's proclamation as Mayor of Samal, Bataan and in ordering the special canvass for forty-one (41) precincts for lack of basis. The power to annul an election should be exercised with the greatest care, as it involves the free and fair expression of the popular will. It is only in extreme cases of fraud and under similar circumstances that demonstrate to the fullest degree a fundamental and wanton disregard of the law that elections are annulled, and then only when it becomes impossible to take any other step.
With the adverse position of the OSG, the Court directed the COMELEC to file its Comment in the Resolution dated November 11, 2008.
In its Comment, the COMELEC averred that the convening of the new MBOC on December 19, 2007 and the subsequent proclamation of petitioner Rolando Z. Tigas as the winning mayoralty candidate for Samal, Bataan had rendered herein petitions moot and academic.
In his Comment, respondent Roseller Navarro averred that petitioner had already been re-proclaimed by the new MBOC when it re-canvassed the questioned election returns, thereby making both petitions in the above-entitled case moot and academic. The new MBOC proceeded to canvass and re-proclaim petitioner, as the COMELEC or the MBOC did not receive any temporary restraining order and/or preliminary injuction from the Court.
In her Manifestation and Compliance, respondent Aida Macalinao alleged that the consolidated petitions in G.R. No. 180250 and G.R. No. 180744 in the above-entitled cases were deemed moot and academic and should not be given due course in view of the dismissal by the COMELEC of SPC Case No. 07-064, resulting in the proclamation anew of petitioner Rolando Z. Tigas as the duly-elected Mayor of Samal, Bataan and the subsequent institution by respondent Roseller C. Navarro of an election protest before the Regional Trial Court of Bataan, Branch 2, Balanga City, docketed therein as EP Case No. 34-07 involving the same position as Mayor of Samal, Bataan.
In his Consolidated Reply, petitioner alleged that he was lucky to have been proclaimed the second time at the special canvassing held on December 19, 2007, although it remained true that the questioned resolutions and order of the COMELEC were a travesty to the various jurisprudence laid down by the Court as well as the Election Laws and the COMELEC Rules of Procedure. The patently illegal resolutions and order of the COMELEC unduly prejudiced the petitioner as well as the electorate of Samal, Bataan. As a result, respondent Navarro was emboldened to file a protest with the RTC, whereby, again, rules were bended in favor of respondent Navarro. Fortunately, petitioner won in the RTC and was proclaimed as the winner. The ruling on this protest is now the subject of an appeal with the COMELEC.
Considering that the ultimate relief prayed for in the herein consolidated petitions by petitioner is the affirmance of his proclamation as mayor of Samal, Bataan, and considering further that the new Municipal Board of Canvassers appointed by the COMELEC in its questioned Resolution dated October 26, 2007 and as modified in its Order dated December 26, 2007 has already convened, canvassed, and proclaimed anew the petitioner as the winning candidate, these petitions have been rendered moot and academic.
ACCORDINGLY, the Court Resolves to DISMISS the petitions for certiorari for being moot and academic. "
Brion, J., on official leave.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
