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[G.R. Nos. 163223-24.
SAMAUNA vs. THE BOARD OF ELECTION TELLERS OF PRECINCT NOS. 18A/19A
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
G.R. Nos. 163223-24 (Sultan Sumirado Samauna, et al. vs. The Board of Election Tellers of Precinct Nos. 18A/19A and 20A, The Municipal Election Officer, Lumba Bayabao, Lanao Del Sur, et al.)
On July 24 and 30, 2002, petitioners filed before the Commission
on Elections two petitions for declaration of failure of the barangay and Sangguniang Kabataan elections in Barangay Calilangan, Lumba-Bayabao, Lanao del Sur. In one breath, they alleged that no such
elections were held on
On March 12, 2004, the COMELEC En Banc issued a Resolution dismissing the petitions. The poll body held that the grounds raised by petitioners are not proper for declaring failure of elections but rather for an election protest. The report of the COMELEC's Election Records and Statistics Division shows that an election was held in the barangay and private respondent Cairoden U. Adap was proclaimed as the winning Punong Barangay. The evidence presented by petitioners was found to be insufficient to overcome the presumption of regularity. The mere fact that there was a discrepancy in the figures in the Minutes of the Voting and in the Certificate of Proclamation, according to the COMELEC, does not establish a total absence of elections. The discrepancy in the signatures of the BET was not sufficient for the COMELEC to conclude that there was failure of elections, either. The affidavits could also not be considered as they were not corroborated by oral testimony during trial.
Not satisfied with the Resolution, petitioners filed with this Court the present Consolidated Notice of Appeal, the pertinent portions of which read, thus:
Petitioners,
by counsel, and unto this Honorable Supreme Court
of the Philippines,
hereby appeal the consolidated resolution dated
WHEREFORE, it is most respectfully prayed of this Honorable Supreme Court of the Philippines, Manila for consideration of the above-entitled cases for its review and proper disposition.
The Consolidated Notice of Appeal should be dismissed. The mode by which the decision, order or ruling of the Commission may be brought before this Court is by a petition either under Rule 64 or Rule 65 of the 1997 Rules of Civil Procedure, depending on the ground or grounds interposed. Both Rules mandate the form and contents of the petitions they respectively cover. Failure to comply with any of the requirements constitutes sufficient ground for dismissal of the petition. The Consolidated Notice of Appeal is definitely the wrong mode of review. Clearly also, it does not comply with the required form and contents.
WHEREFORE, this case is DISMISSED.
Davide, Jr., C.J., on official leave.
Puno, J. on official leave.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Acting Clerk of Court
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