April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 200619 : April 17, 2012]
MAYOR ASUNCION v. ARCEÑO v. COMMISSION ON ELECTIONS AND NINO TAYCO, ET AL.
"G.R. No. 200619 (Mayor Asuncion V. Arceño v. Commission on Elections and Nino Tayco, et al.). - For this Court's resolution is petitioner Mayor Asuncion V. Arceño's (petitioner) Most Respectful Manifestation and Motion[1] dated March 26, 2012, which asks for the withdrawal of the present petition for certiorari and prohibition. cralaw
On March 5, 2012, the petitioner, incumbent mayor of Pasacao, Camarines Sur, filed with this Court the said petition assailing the minute resolutions issued by the Commission on Election's (respondent) in PRC No. 11-005, a petition for recall filed against the petitioner. On March 13, 2012, this Court gave the respondents ten (10) days from notice within which to file their comment on the petition.
Before the respondents could file their comment on the petition, the petitioner filed with this Court the manifestation and motion dated March 26, 2012, citing the provisions of COMELEC Resolution No. 9374 to support her motion to withdraw the petition.
COMELEC Resolution No. 9374, entitled In the Matter of Discontinuing Actions on All Petitions for Recall Elections, was promulgated on March 7, 2012. It discontinues actions on all petitions for recall, citing the budgetary constraints for the conduct of recall elections in petitions that were already declared with finality to be sufficient. The substantial portions of the resolution read:
x x x
WHEREAS, as of even date, there are a total of THIRTY EIGHT (38) Petitions for Recall filed with the Commission for the period 2010 to 2012, of which fourteen (14) Petitions have been declared with finality as SUFFICIENT in form by the Commission en banc;
WHEREAS, earlier this year, the Office of the Deputy Executive Director for Operations (ODEDO) has submitted a budgetary estimate for the conduct of recall elections involving those aforesaid fourteen (14) Petitions declared with finality to be sufficient, in the total amount of Php114,465,425,00;
WHEREAS, the Finance Services Department (FSD) has already certified that while the Commission yearly proposes a considerable amount to the Department of Budget and Management (DBM) for the conduct of special elections, which includes recall elections, plebiscites and referendum, the same has always been excluded from the general appropriations intended for the Commission;
WHEREAS, in previous electoral exercises involving the conduct of special elections, the Commission has resorted to realigning its available funds to finance the expenses needed for the said exercises;
WHEREAS, the Commission has started preparing for the conduct of the May 13, 2013 Automated National and Local Elections;
WHEREAS, for 2012, the budget given to the Commission is not enough for the conduct of automated national and local elections, and available funds will be allocated for the expenses of the May 13, 2013 National and Local Elections;
WHEREAS, of the Petitions for Recall found to be sufficient, only petitions against Samar Governor Sharee Ann Tan and Vice Governor Stephen James Tan (PRC Nos. 10-001 and 10-002) and against Mayor Ramon Durano of Danao City, Cebu (PRC No. 11-004) have undergone signature/thumbmark verification proceedings, and parties have filed their appeal/s on the result of the verification process; cralaw
WHEREAS, Section 3 of Resolution No. 7505 states that the conduct of the recall election shall be held not later than one (1) year immediately preceding the next regular local election, which means that for the current year, 2012, recall elections may only be held on or before May 12, 2012, as the next regular local elections is set on May 13, 2013;
WHEREAS, the Commission sees that it is no longer feasible to conduct recall elections at this point in time, considering the aforesaid budgetary constraints and the tedious preparatory activities needed for the conduct of recall elections.
NOW THEREFORE, the Commission on Elections by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and other related laws, has RESOLVED, as it hereby RESOLVES, to discontinue actions on all the Petitions for Recall.
SO ORDERED.[2] (Underscoring ours)
The petitioner then submits that considering the above-quoted resolution of the COMELEC, her petition has become "academic and inconsequential and has lost its meaning and should, therefore, be considered withdrawn for all intents and purposes."[3]
WHEREFORE, in view of the foregoing, the manifestation of the petitioner in her Most Respectful Manifestation and Motion dated March 26, 2012 is hereby NOTED. The petitioner's motion to withdraw the instant petition for certiorari and prohibition is GRANTED. Accordingly, the petition is hereby deemed WITHDRAWN and the case is considered CLOSED and TERMINATED."
Very truly yours,
ENRIQUETA E. VIDAL
Clerk of Court
By:
(Sgd.) FELIPA B. ANAMA
Deputy Clerk of Court En Banc
Endnotes:
[1] Rollo, pp. 223-228.[2] Id. at 230-231.
[3] Id. at 226.