February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 193909 : February 07, 2012]
HABER ASARUL v. THE COMMISSION ON ELECTIONS AND GULAM S. HATAMAN
"G.R. No. 193909 (Haber Asarul v. The Commission on Elections and Gulam S. Hataman).
RESOLUTION
Petitioner Haber A. Asarul (Asarul) and respondent Gulam S. Hataman (Hataman) were the frontrunners for the mayoralty position of the Municipality of Sumisip, Province of Basilan during the May 10, 2010 automated elections. On May 12, 2010 the election officer of Sumisip recommended for the declaration of failure of elections in all the precincts of Lower Cabengbeng, Sumisip, Basilan on account of widespread election-related violence.
On September 9, 2010 the Commission on Elections (COMELEC) En Banc heard respondent Hataman's letter/petition to declare a failure of elections in Barangay Lower Cabengbeng, Sumisip, Basilan.[1] During the hearing, the Chairman of the Board of Election Inspector (BEI) testified that no elections took place because armed men invaded and terrorized the polling place. Petitioner Asarul, on the other hand, refuted the allegations of the election officer, claiming that per the affidavits of the other BEI members, an election took place at around 3:00 p.m. of May 10, 2010 after the BEI Chairman abandoned his post.
On October 11, 2010 the COMELEC En Banc granted the petition to declare failure of elections in Barangay Lower Cabengbeng, Sumisip, Basilan. The COMELEC ruled that no election or actual legitimate voting took place on May 10, 2010 in Lower Cabengbeng. The number of uncast votes in the five clustered precincts of Barangay Lower Cabengbeng (Precincts 62A, 63A, 64A, 65A and 65B) would materially affect the election result for the mayoralty position of Sumisip, Basilan.
The COMELEC En Banc set aside the proclamation of petitioner Asarul as Mayor of Sumisip, Basilan and declared null and void the election results for Barangay Lower Cabengbeng, Sumisip, Basilan. The COMELEC also ordered the inclusion of the special elections for Barangay Lower Cabengbeng in the scheduled November 13, 2010 Special Elections and to constitute a Special Board of Election Inspectors and Special Municipal Board of Canvassers to consolidate the results and proclaim the rightful winners of the Municipality of Sumisip, Basilan.
Before the Court, petitioner Asarul challenged the ruling of the COMELEC En Banc, imputing grave abuse of discretion amounting to lack or in excess of jurisdiction in declaring a failure of election in Barangay Lower Cabengbeng, Sumisip, Basilan. Asarul pleads for the issuance of a temporary restraining order and/or preliminary injunction. But the Court, in a resolution dated November 23, 2010, denied the motion for issuance of a TRO. The Court likewise required the COMELEC to comment on the petition.
On December 21, 2011 the COMELEC filed a manifestation in lieu of comment, informing the court that pursuant to COMELEC Resolution 10-1434, it successfully conducted on March 12, 2011 a special election in Barangay Lower Cabengbeng, Sumisip, Basilan. After the canvassing of votes, respondent Gulam S. Hataman was proclaimed the winning candidate. Such turn of events, rendered the petition moot and academic. In its comment dated August 23, 2011 petitioner Asarul confirmed the conduct of special elections and the proclamation of Hataman as the winning candidate for the Mayoralty position of Sumisip, Basilan. cralaw
IN VIEW OF THE FOREGOING, the petition is hereby DISMISSED for being moot and academic.
The Court further Resolves to NOTE the Comment (on Petitioner's Very Respectful Compliance) dated January 11, 2012 filed by counsel for private respondent Hataman in compliance with the resolution of September 20, 2011."
Del Castillo, J., on leave.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
Endnotes:
[1] Docketed as SPA 10-216 (FE).