Philippine Supreme Court Resolutions > Year 2007 > July 2007 Resolutions > [G.R. No. 178413 : July 10, 2007] AQUILINO L. PIMENTEL III V. THE COMMISSION ON ELECTIONS EN BANC SITTING AS THE NATIONAL BOARD OF CANVASSERS, THE SPECIAL PROVINCIAL BOARD OF CANVASSERS FOR MAGUINDANAO CHAIRED BY ATTY. EMILIO S. SANTOS, AND JUAN MIGUEL F. ZUBIRI :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 10, 2007

G.R. No. 178413 (AQUILINO L. PIMENTEL III v. THE COMMISSION ON ELECTIONS EN BANC SITTING AS THE NATIONAL BOARD OF CANVASSERS, THE SPECIAL PROVINCIAL BOARD OF CANVASSERS FOR MAGUINDANAO CHAIRED BY ATTY. EMILIO S. SANTOS, and JUAN MIGUEL F. ZUBIRI).

Before this Court is a Petition for Certiorari and Mandamus (with Urgent Prayer For Temporary Restraining Order And/Or Status Quo Ante Order) filed by petitioner Aquilino S. Pimentel III. Petitioner essentially alleges that the proceedings in the senatorial canvass before public respondents Commission on Elections (COMELEC) En Banc, sitting as the National Board of Canvassers (NBOC); and the constituted Special Provincial Board of Canvassers for Maguindanao (SPBOC), chaired by Atty. Emilio S. Santos, are a sham since they are being conducted in violation of petitioner's constitutional right to both procedural and substantive due process, to obviously favor his closest rival for the twelfth and last Senatorial post, private respondent Juan Miguel F. Zubiri (Zubiri). Petitioner thus seeks the following remedies from this Court -

1. Forthwith ISSUE A TEMPORARY RESTRAINING ORDER enjoining the respondent Commission on Elections en banc sitting as the National Board of Canvassers for Senators for the May 14, 2007 elections ("NBC") from proceeding with any proclamation (of the twelfth and last winner of the May 14, 2007 Elections for Senators) based on the on-going senatorial canvass which includes the new/second Provincial Certificate of Canvass of Maguindanao, until further orders from this Court, or, in the alternative, in the event that the proclamation of Respondent Zubiri is made before the application for a TRO is acted upon, ISSUE A STATUS QUO ANTE ORDER requiring the parties to observe the status quo at the time of the filing of the Petition, in order to maintain and preserve the situation of the parties at the time of the filing of this Petition, so as not to render the issues raised in this Petition moot and academic;

2. After proper proceedings, RENDER JUDGMENT: (a) ANNULLING AND SETTING ASIDE for being unconstitutional and illegal the proceedings and acts of respondent Commission on Elections en banc sitting as the National Board of Canvassers for Senators for the May 14, 2007 elections ("NBC") of including, on June 29, 2007 in the national canvass of votes for Senators the results from the Province of Maguindanao as reflected in its new/second Provincial Certificate of Canvass as well as the proceedings and acts of the respondent Special Board of Canvassers for Maguindanao ("SPBOC") in canvassing or "re-canvassing" the collected MCOCs, on June 25, 26 and 27, 2007, leading to the preparation of the new/second PCOC for Maguindanao, and (b) COMPELLING or ORDERING respondent NBC and its deputy, the SPBOC, to perform their ministerial constitutional duty of fully determining the due execution and authenticity of the MCOCs, including, but not limited to, allowing petitioner to substantiate his claim of manufactured results and propound questions to the officers concerned, primarily, the Chairpersons of the former PBOC and SPBOC of Maguindanao and the Chairpersons of the Municipal Boards of Canvassers of Maguindanao.

Petitioner also prays for other reliefs, just and equitable, under the premises.

This Court takes cognizance of the fact that the senatorial canvass is still on-going before the COMELEC En banc, sitting as the NBOC, and the winner for the twelfth and last Senatorial post may be declared at any time, thus, the resolution of petitioner's application for a temporary restraining order (TRO) and/or status quo ante order deserves urgent attention. At the same time, considering that the actions of the COMELEC En banc, sitting as the NBOC, and the deputized SPBOC for Maguindanao, enjoy the legal presumption of regularity; that there is the need to positively establish the factual milieu and legal bases for petitioner's right to a TRO and/or status quo ante order; and that the fundamental right to due process so requires, this Court must still accord public respondents COMELEC En Banc and SPBOC for Maguindanao, as well as private respondent Zubiri, the opportunity to be heard. Hence, this Court resolves that public respondents COMELEC En Banc and SPBOC for Maguindanao be required and private respondent Zubiri be allowed to directly submit by personal service to this Court, not later than 3:00 p.m. on 12 July 2007, their respective written Comments on the instant Petition, more particularly, on the prayer therein for the issuance of a TRO and/or status quo ante order.

WHEREFORE, premises considered, the respondents Commission on Elections En Banc, sitting as the National Board of Canvassers, and the Special Provincial Board of Canvassers for Maguindanao, are hereby DIRECTED to directly submit by personal service to this Court, not later than 3:00 p.m. on 12 July 2007, their respective Comments on the Petition at bar, more particularly on the prayer therein for the issuance of a TRO and/or status quo ante order. Respondent Juan Miguel F. Zubiri, if he so desires, may likewise submit his Comment in the same manner and within the same period of time as this Court provided.

In the meantime, let this case be set for Oral Argument on Friday, July 13, 2007 at 10:00 a.m., after which the Court shall immediately resolve the prayer for the issuance of a temporary restraining order and/or status quo ante order.