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[G.R. No. 142038.March 20, 2001]

COLUMBRES vs. COMELEC, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 20 2001.

G.R. No. 142038(Rolando E. Columbres vs. Commission on Election and Hilario de Guzman, Jr .)

On September 18, 2000 the decision in the above-entitled case was rendered by this Court en banc and remanded the case to the Comelec en banc for it to physically re-examine the contested ballots and ascertain their validity, and directed the Comelec to resolve the case within thirty (30) days from receipt of the decision in view of the proximity of the election. Said decision was declared as immediately executory.

On November 28, 2000, the Comelec en banc, after two (2) extension complied with our decision and issued a resolution which AFFIRMED the decision of its Second Division upholding the election of HILARIO DE GUZMAN, JR. as mayor of San Jacinto, Pangasinan.

On December 13, 2000 petitioner Rolando E. Columbres filed a Supplemental Petition for Certiorari and Prohibition alleging the aforecited resolution dated November 28, 2000 was issued by the Comelec with grave abuse of discretion amounting to lack or in excess of jurisdiction and therefore totally null and void. Petitioner prayed for the reiteration / maintenance of the Status Quo Ante order issued by this Court in the resolution dated August 1, 2000.

On December 14, 2000, petitioner filed an Extremely Urgent Motion and Plea for the issuance of a resolution reiterating the previous Status Quo Ante order. On December 18, 2000 petitioner filed an Extremely Urgent Reiterating Motion and Plea for the issuance of a resolution confirming the existing August 1, 2000 Status Quo Ante order and commanding the parties to continue complying with same. Finally, petitioner again filed on December 26, 2000 another Extremely Urgent Motion and Plea Re: Issuance of a resolution confirming the existing August 1, 2000 Status Quo Ante order and/or for the issuance of a New Status Quo Ante order.

In a resolution dated January 16, 2001 the Court noted and denied the last two (2) aforementioned urgent motion of the petitioner and required respondents to Comment on petitioner's Supplemental Petition for Certiorari and Prohibition.

Up to this date the respondents have not filed the required Comments on petitioner's Supplemental Petition.

After a careful study of the Supplemental Petition, the Court finds that the allegations in support thereof are mere re-iterations of issues, factual as well as legal, already exhaustively considered, discussed and resolved in the resolution of the Comelec dated November 28, 2000.

The clear and well reasoned disquisition of the Comelec en banc abundantly support its conclusion and the Court finds no grave abuse of discretion committed by the Comelec en banc in declaring, private respondent Hilario de Guzman, Jr. as the duly elected Mayor of San Jacinto, Pangasinan.

WHEREFORE, the supplemental petition is DISMISSED.

Quisumbing, J., on leave.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court


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