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[G.R. No. 122336.October 19, 1999]

LAKAS-LABAN COALITION POLITICAL PARTY et al. vs. COMELEC et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated OCT 19 1999.

G.R. No. 122336(The Lakas-Laban Coalition Political Party, represented by Bonifacio G. Saldua, and Abdelnasser V. Esmael, and Moden C. Abu, Samaon Calalagan, Simplicio Nantes, Romuel Garcia, Ramon Rabasio, Velentina Jumawan and Munib Pelso vs. Commission on Elections, the NPC Coalition Political Party, represented by Basilio Vidad and Wilfredo Asoy and Esmael Embol, Abdula Kumpa, Abdulbasit Maulana, Elsito Delda, Virgilio Del Socorro, Victoriano Giang, Marcelo Neri and Rufino Rocha, the Municipal Board of Canvassers of Dinas, Zamboanga del Sur represented by Deogracias M. Dumaguit, Miguel Alfeos, and Alejandro Villa.)

The petition before us is to annul for grave abuse of discretion, the commission on Elections (COMELEC), Second Division's resolution dated September 25, 1995 1 Docketed as SPC 95-200., which dismissed the petition for nullification of proclamation by the municipal board of canvassers of Dinas, Zamboanga del Sur.

Petitioners and private respondents were candidates for the positions of mayor, vice-mayor, and councilor in the municipality of Dinas, Zamboanga del Sur, in the May 8, 1995 elections. On May 12, 1995, private respondents were proclaimed as the winning candidates by the municipal board of canvassers. On May 24, 1995, petitioners filed with the COMELSEC a petition for annulment of proclamation of the municipal offices of Dinas, Zamboanga del Sur. Respondents filed their answer on June 25, 1995. Subsequently, the COMELEC (Second Division) dismissed the petition on September 25, 1995.

The resolution reads:

"The herein respondents were already proclaimed on May 12, 1995. Where the winning candidates have been proclaimed, the pre-proclamation controversy cease (sic). A pre-proclamation controversy is no longer viable at this point in time and should be dismissed. The proper remedy thereafter is election protest before the proper forum. Recourse to such remedy would settle the matter in controversy conclusively once and for all (Antonio vs. Commission on Elections, G.R. No. 84678, March 29, 1989).

"PREMISES considered, the Petition is hereby DISMISSED.

"SO ORDERED.

"REMEDIOS A. SALAZAR-FERNANDO

'Presiding Commissioner

"MANOLO B. GOROSPE��������������� TERESITA DY-LIACCO FLORES

���������� "Commissioner������������������������ Commissioner" 2 Annex A, Petition, Rollo, pp. 18-22.

Without filing a motion for reconsideration before the Commission en banc, on November 29, 1995, petitioners filed this petition for certiorari before this Court. The Court cannot take cognizance of the petition.

The Constitution vests in the Supreme Court jurisdiction to review resolutions or orders of the Comelec by certiorari. 3 Article IX-A, Sec. 7, 1987 Constitution.Only resolutions or orders of the Comelec en banc may be brought to the Supreme Court on certiorari. 4 Reyes vs. RTC of Oriental Mindoro, 244 SCRA 41 (1995).

On another tack, the issues raised by the petitioners are now moot academic. The term of office of local officials elected in the May 8, 1995 elections expired last June 30, 1998 pursuant to law, and new officials have been elected to office in the elections of May 11, 1998.

WHEREFORE, the petition is dismissed. Bellosillo, Kapunan, Quisumbing and Ynares-Santiago, JJ., are abroad on Official business.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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