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[G.R. No. 154960.� August 17, 2004]
NPC vs. SANTOS
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 17 2004.
G. R. No. 154960 (Nationalist People's Coalition and Malabon City Councilors ISAGANI P. SANTOS and ROGELIO O. YANSA vs. COMMISSION ON ELECTIONS and Malabon City First District Councilors DANILO B. DUMALAOG, LAURO BORJA, et al. and Second District Councilors BENJAMIN LAURAN, et al.)
On September 16, 2002, petitioners filed a petition for certiorari and prohibition with a prayer for a writ of preliminary injunction and/or temporary restraining order and status quo ante order, questioning the En Bane Resolution of the Commission on Elections (COMELEC) in E.M. 01-067 which annulled the proclamation of petitioners who were candidates for the Malabon Sangguniang Panlungsod.
Without giving due course to the petition, we required respondents to file their comments by resolution dated September 17, 2002.
On October 3, 2002, public respondent, through the Solicitor General, filed its comment to the petition.
On October 4, 2002, respondents Lauro B. Borja, Danilo V. Dumalaog, Cynthia N. Gutierrez, Alfonso A. Manalac, Benjamin C. Galauran, Arnold Vicencio and Pablo G. Garcia filed their consolidated comment to the petition.
On November 12, 2002, we noted the Motion of petitioners reiterating their original plea for the issuance of a temporary restraining order or, alternatively, the issuance of a status quo order.
On December 3, 2002, respondents Ricky R. Bernardo, Edilberto Torres, Payapa V. Ona, Ma. Luisa S. Roque-Villaroel and Venancio Sevilla filed their comment to the petition.
On January 15, 2003, petitioners filed a motion for the issuance of a temporary restraining order.
On January 21, 2003, we required respondents to comment on said motion.
On March 6, 2003, public respondent filed its comment to the aforesaid motion which we noted in our resolution dated April 1, 2003.
On April 29, 2003, petitioners filed a motion to resolve the motion for the issuance of temporary restraining order.
We noted said motion to resolve in our June 17, 2003 resolution.
On October 7, 2003, we required petitioners to file their reply to all the comments filed by respondents.
On November 11, 2003, petitioners filed their reply to all the comments filed by respondents, which was noted in our resolution of December 9, 2003.
The antecedents are, as follows:
On March 5, 2001, Congress passed Republic Act No. 9019 converting the municipality of Malabon, Metro Manila into a highly urbanized city. On the same date, it also passed Republic Act No. 9024 converting the municipality of Calamba, province of Laguna into a component city.
On March 26, 2001, COMELEC issued Resolutions Nos. 3814 and 3815 providing for guidelines in the conduct of the plebiscite required by law.
Section 36 of Resolution No. 3815, provided:
Sec. 36.� Special day for filing certificate of candidacy.- If the conversion of the component cityhood of Calamba and Malabon, Metro Manila into highly urbanized city are ratified, there shall be two (2) days of Special Filing of Certificates of Candidacy for members of the Sangguniang Panlungsod on April 23 and 24 for purposes of the additional two (2) members of the respective Sangguniang Panlungsod of Calamba and Malabon.
On April 21, 2001, the electorate of Malabon ratified its conversion to a city.
Before the May 14, 2001 elections, the voters of Malabon were instructed to vote for seven (7) councilors. However, when the ballots were distributed there were only six (6) lines for councilors. The Board of Election Inspectors, thereupon, instructed the voters that they could write a seventh name in the space after the line for number six (6).
On May 21, 2001, the City Board of Canvassers proclaimed seven winning candidates in each of the city's two districts.
On June 30, 2001, the proclaimed councilors took their oaths and assumed office. Two of those who took their oaths were petitioner Rogelio Yanga who garnered 20,099 votes which landed him in the number seven slot for one district and petitioner Isagani Santos who got 21,548 votes to land in the seventh slot in another district.
On July 24 and August 13, 2001, Malabon City Councilor Venancio Sevilla asked the COMELEC to clarify the legal basis for the two (2) additional seats in the Municipal Council and requested then COMELEC Chairman Benipayo to order the disqualification of the two additional members of the Council. In said letter, it was pointed out that Art. 94 (b) No. 2, of the Local Government Code of 1991, as amended, provided for only six (6) councilors for each district for Quezon City and Caloocan which have larger population and income than Malabon.
Section 10 of Republic Act No. 9019 creating the city of Malabon provides:
"Sec. 10. The Sangguniang Panlungsod. - The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice-mayor as presiding officer, the regular sanggunian members, the president of the city charter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga ; sangguniang kabataan, and the sectoral representative as members.
However, Sec. 1 of Republic Act No. 7887, which amended Sec. 3 of Republic Act No. 7166, states:
Section 1. Section 3, paragraphs (c) and (d) of Republic Act No. 7166 is hereby amended to read as follows:
"(c) The number and election of elective members of the sangguniang panlungsod and sangguniang bayan in the Metro Manila area, City of Cebu, City of Davao and any other city with two or more legislative districts shall be elected by the districts in accordance with the provisions of Sections 2 and 3 of Republic Act No. 6636: Provided, That all cities with one (1) legislative district and all municipalities in the Metro Manila area shall have twelve (12) councilors each: Provided, further, That, the Commission shall divide all cities with one legislative district and each of the municipalities in Metro Manila area into two (2) districts by barangay for purposes of representation in the sangguniang bayan x x x x."
On September 6, 2001, the COMELEC En Banc issued Resolution 45631 in answer to the letter query of Councilor Venancio Sevilla of Malabon, the dispositive portion of which reads, as follows:
"WHEREFORE, the Commission after deliberation RESOLVED, as it hereby RESOLVES, as follows:
1. Pursuant to R.A. 9019 and in relation to R.A. 7887 and other applicable election laws, members of the Sangguniang Panlungsod for the City of Malabon, shall be twelve (12) allotted at six (6) in each [of] two (2) Sanggunian Districts;
2. The proclamation of the two additional seats for Sangguniang Members of Malabon City is void, as there is no 7th office for the Sangguniang members of the City of Malabon provided in the Charter of Malabon.� Thus R.A. No. 7887 in relation to R.A. No. 7166 shall govern the situation; and
3. To require the Chairman of the City Board of Canvassers of Malabon City, Atty. Leah Angeli Vasquez to explain why she proclaimed fourteen (14) councilors, instead of only twelve (12)."
Eventually, this issue became Election Matter No. 01-067 which tackled the consulta of Councilor Sevilla and the issue of the seventh proclaimed councilors.
On September 2, 2002, the COMELEC issued its En Banc resolution No. EM 01-0672 annulling the proclamation of the two seventh winning candidates.
On October 15, 2002, in answer to a query from the Acting City Mayor of Malabon, the Department of Interior and Local Government (DILG) rendered its opinion that the seventh members of the Sangguniang Panlungsod ceased to be entitled to their salaries from the moment the COMELEC issued its En Banc Resolution No. 01-067 dated September 2, 2002, nullifying their proclamation because said resolution had become final.3
Aggrieved by said resolution of the COMELEC, petitioners come to us, as aforestated, through this petition for certiorari and prohibition with a prayer for a writ of preliminary injunction and/or temporary restraining order and status quo ante order.
Considering that the recently concluded national and local elections, held on May 10, 2004, voted into office a new set of city councilors for Malabon city, the instant petition has been rendered moot and academic.
WHEREFORE, the petition is hereby DENIED DUE COURSE for being MOOT and ACADEMIC. No costs.
SO ORDERED
Very truly yours,
(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court
Endnotes:
1 Rollo, pp. 76-83.
2 Rollo, pp. 33-42.
3 Rollo, pp. 124-125.
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