347 Phil. 630
KAPUNAN, J.:
WE, the undersigned Chairman and Members of the Board of Canvassers of Sultan Gumander, after deliberating on the objection to the inclusion/exclusion ofIt created confusion on the part of the Board on whom to rely on the two (2) contradicting affidavits of Basir Sarip, Chairman of Prec. No. 5, hence the election return is hereby set aside pursuant to paragraph E, Sec. 33 Comelec Res. No. 2756 for further investigation.[1]
ELECTION RETURN(S) NUMBER 661229
OF PRECINCT NUMBER 5
of the City/Municipality of Sultan Gumander, and admitting the supporting evidence consisting of
EXHIBIT ‘A’ Affidavit of Basir Sarip for petitioner; and
EXHIBIT ‘1’ Affidavit of Basir Sarip withdrawing his previous affidavit
'2.' Affidavit of Malic Solaiman for oppositor,
hereby RULE as follows:
WE, the undersigned Chairman and Members of the Board of Canvassers of Sultan Gumander, after deliberating on the objection to the inclusion/exclusion ofThe election Return is hereby set aside to go deeper into the contradicting testimonies of the Chairman of Prec. No. 10-1 and watchers of the respondent. [2]
ELECTION RETURN(S) NUMBER 661236
OF PRECINCT NUMBER 10-1
of the City/Municipality of Sultan Gumander, and admitting the supporting evidence consisting of
EXHIBIT ‘A-’ Affidavit of Monaintan Maruhom
B- ER661236
C- List of BEIs for petitioner; and
EXHIBIT ‘1-’ ER 661236
2- Affidavit of Liling Adapun
3- Affidavit of Farida Jamil for oppositor,
hereby RULE as follows:
WE, the undersigned Chairman and Members of the Board of Canvassers of Sultan Gumander, after deliberating on the objection to the inclusion/exclusion ofThis Election returns is set aside and summons will be issued for the two (2) BEIS who failed to affix their signatures and explain the alleged increase of votes of a candidate and the use of unauthorized envelope without seal containing ER and thereafter a ruling on the matter shall be rendered.[3]
ELECTION RETURN(S) NUMBER 661251
OF PRECINCT NUMBER 20-1
of the City/Municipality of Sultan Gumander Lanao Del Sur, and admitting the supporting evidence consisting of
EXHIBIT ‘A-’ Affidavit of Basher Randa
B- Appointment of Basher Randa
C- ER No. 661251 for petitioner; and
EXHIBIT ‘1-’ ER 661251
2- Affidavit of Baingcong Mandagla
3- Affidavit of Azisa Abdullah for oppositor,
hereby RULE as follows:
WE, the undersigned Chairman and Members of the Board of Canvassers of Sultan Gumander, after deliberating on the objection to the inclusion/exclusion of
ELECTION RETURN(S) NUMBER 661252
OF PRECINCT NUMBER 20
of the City/Municipality of Sultan Gumander , and admitting the supporting evidence consisting of
EXHIBIT ‘__’ _________________________________________
_________________________________________
_______________________ for petitioner; and
EXHIBIT ‘__’
_________________________________________
_________________________________________
_______________________ for oppositor,
hereby RULE as follows:
MEMORANDUM FOR: The Honorable Chairmana) Mr. Basir Sarip, Chairman, BEI executed two affidavits. In first affidavit executed before Atty. Disalo, Mr. Sarip said that he was instructed to accomplish the election return to make sure that Mayor Abdullah Amatonding will win in the precinct. In second affidavit executed before Atty. Mortaba, Mr. Sarip stated that he was forced to sign the first affidavit so he disown and withdraw the first affidavit. Mr. Sarip also stated in the second affidavit that the election in Precinct No. 5 is clean and the election return is the true result of the election.
Commission on Elections
Manila
FROM: Acting Election Officer
Sultan Gumander, Lanao del Sur
DATE: June 5, 1995
S U B J E C T : INVESTIGATION REPORT
Respectfully forwarded to the Honorable Chairman, Commission on Elections the result of investigation in connection with Precinct Nos. 5, 10-1, 20 and 20-1.
The previous Municipal Board of Canvasser composed of Saadia Sansarona, Saripali Benito and Ismael Maulay rendered rulings in the election returns in Precinct Nos. 5, 10-1 and 20-1 as follows:
Precinct No. 5, ER No. 661229: SET ASIDE
Recommendation: INCLUDE ER NO. 661229 IN THE CANVASS OF VOTES IN SULTAN GUMANDER.a) Mrs. Monaintan Marohom, Chairman, BEI executed an affidavit that they were ordered by Radia Balindong, Election Assistant to make sure Mayor Abdullah Amatonding win in our precinct with threat that something will happen if they do not follow.
Precinct No. 10-1, ER No. 661236: SET ASIDE
Recommendation: INCLUDE ER NO. 661236 IN THE CANVASS OF VOTES IN SULTAN GUMANDER. NO LEGAL BASIS TO EXCLUDE THE ELECTION RETURNS WITH MERE AFFIDAVIT OF ONE OF THE THREE MEMBERS OF THE BEI.a) Mr. Basher Randa executed an affidavit that he is the Chairman of the BEI in Precinct No. 20-1 but that when he went to the MSU Grandstand, the election return is already being prepared by unauthorized persons.
Precinct No. 20-1, ER No. 661251: SET ASIDE RULING TO BE RENDERED AFTER BEI ARE SUMMONED.
Recommendation: INCLUDE ER NO. 661251 IN THE CANVASS OF VOTES IN SULTAN GUMANDER.On June 8, 1995, private respondent filed an appeal to the Commission on Elections (COMELEC) from the ruling dated May 30, 1995 of the Macadato Board denying his petition for exclusion of Election Return No. 661252 of Precinct No. 20. The case was docketed as SPC No. 95-271.[6]
The investigation was conducted because the previous MBC merely SET ASIDE the three election returns for further investigation. The newly constituted MBC has to investigate for the guidance of higher authorities.
(Sgd.) CASAN T. MACADATO
Chairman, Municipal Board of Canvassers [5]
Considering the Omnibus Resolution on Pending Cases of the Commission en banc promulgated on June 29, 1995, items 2 and 3 of which read:2. All cases which were filed beyond the reglementary period or not in the form prescribed under appropriate provisions of the Omnibus Election Code, Republic Acts No. 6646 and 7166 are hereby likewise dismissed;
the Commission (Second Division), hereby ORDERS to note the report of the acting Election Officer contained in SPC No. 95-271 and to consider SPC No. 95-272 TERMINATED.On July 17, 1995, the Macadato Board submitted its report implementing the July 11, 1995 order of the Second Division of the COMELEC. Said report reads:
WHEREFORE, the Municipal Board of Canvassers of Sultan Gumander, Lanao del Sur is hereby DIRECTED to reconvene and proclaim the winning candidate for mayor of the municipality of Sultan Gumander, Lanao del Sur.
SO ORDERED. [9]
Respectfully forwarded to the Honorable Chairman, Commission on Elections, Manila, thru the Honorable Commissioner In Charge, Region XII, the compliance of the board of canvassers with the Order dated July 11, 1995 of the Honorable Second Division, Commission on Elections in SPC Nos. 95-271 and 95-272 directing the board of canvassers to reconvene and proclaim the winning candidate for Mayor of Sultan Gumander, Lanao del Sur:On July 24, 1995, private respondent filed an urgent motion before the COMELEC to annul the proclamation of petitioner as the winning candidate for mayor on the ground that the proclamation was without the authority of the COMELEC, and to constitute a new Board of Canvassers.[11]
A. The previous board of canvasser headed by Saadia Sansarona SET ASIDE FOR FURTHER INVESTIGATION the election returns in Prec. Nos. 5, 10-1 and 20-a of Sultan Gumander, Lanao del Sur. The reconstituted board of canvassers conducted an investigation and found no defect in the election returns in the three precincts and submitted its INVESTIGATION REPORT dated June 5, 1995 recommending the INCLUSION OF THE ELECTION RETURNS IN PREC. NOS. 5 (661229), 10-1 (661236) and 20-1 (661252) in the canvass, copies of the investigation report are attached as ANNEXES ‘A’ to ‘A-1’ hereof.
B. In addition to its report, the board of canvassers as respondent in SPC No. 95-272 submitted its ANSWER dated June 9, 1995 indicating its findings in the investigation as shown by the INVESTIGATION REPORT, and also submitted as part of its answer the SWORN STATEMENT dated June 6, 1995 of MS. MONAINTAN MAROHOM, chairman of Prec. No. 10-1 executed before the Chairman of the board of canvassers stating under oath that the election returns in said precinct is genuine and authentic and contains the true and correct votes of the candidates, copies of the Answer are attached as ANNEXES “B” to “B-3” hereof and the sworn statement of Ms. Morohom as ANNEXES “C” to “C-1” hereof.
C. On June 12, 1995, MR. BASIR SARIP, Chairman of Prec. No. 5 and MS. MONAINTAN MAROHOM, Chairman of Prec. No. 10-1 personally appeared before the HON. REMEDIOS SALAZAR-FERNANDO, Presiding Commissioner of the Second Division, COMELEC and in their SWORN STATEMENTS dated June 13, 1995 affirmed before the Presiding Commissioner, in the presence of Atty. Alioden Dalaig and Atty. Jacob Malik, that the election returns in Prec. Nos. 5 and 10-1 respectively were genuine and authentic and contain the true and correct votes of the candidates, that their affidavits that were submitted by candidate Balindong to the board of canvassers was signed by them against their will for fear of their lives and they DISOWNED or WITHDRAW all statements contained therein the same being false, and the board was furnished with copies of said sworn statements, copies thereof are attached as ANNEXES “D” to “D-1” (SS of Basir) and “E” to “E-1” (SS of Marohom) hereof.
D. In the case of Prec. No. 20-1, the two members of the BEI who failed to sign the election returns although they have thumbmarked the same, appeared before the board of canvassers and signed the election returns in the presence of the watchers of the candidates, photographs of the signing was submitted to the Honorable Commission through SPC No. 95-272 as part of the evidence therein.
E. Due to the above developments, particularly the fact that Mr. Basir Sarip, Chairman of Prec. No. 5 and Ms. Monaintan Marohom, Chairman of Prec. No. 10-1, appeared before the Honorable Presiding Commissioner of the Second Division and affirmed before her the authenticity, genuineness and accuracy of the election returns in Prec. Nos. 5 and 10-1, the fact that the two members of the BEI in Prec. No. 20-1, signed the election returns, and that the investigation of the board of canvassers shows that the election returns in the three precincts has no defect, the board of canvassers in accordance with its sworn duty has to include in the canvass the election returns in Prec. Nos. 5, 10-1 and 20-1.
F. After including in the canvass the election returns in Prec. Nos. 5, 10-1 and 20-1, it shows that the votes in Prec. No. 10 (should be 20) which is the subject of appeal in SPC No. 95-271 will no longer affect the results of the elections in Sultan Gumander, Lanao del Sur. Accordingly, the board of canvassers PROCLAIMED CANDIDATE ABDULLAH AL JAMIL ON JUNE 26, 1995 AS THE DULY ELECTED MAYOR of Sultan Gumander, Lanao del Sur, copies of the Certificate of Canvass of Votes and Proclamation and the MINUTES OF THE PROCEEDINGS OF THE BOARD are attached as ANNEXES “F” and “G” to “G-1” respectively.
G. The certificate of canvass of votes and proclamation duly signed, thumbmarked and sealed in the prescribed envelope was submitted to the Records and Statistics Division, COMELEC on July 5, 1995, copy of the certificate of appearance of Casan Macadato, Chairman of the board when he submitted the proclamation paper is attached as ANNEX “H” hereof.
In view of the above, the board of canvassers have complied with its duty to proclaim the winning candidate for Mayor of Sultan Gumander in accordance with the Order dated July 11, 1995.
(SGD.) CASAN T. MACADATO (SGD.) SARIPALI BENITO
Chairman Vice-Chairman
(SGD.) ESMAIL MAULAY
Secretary [10]
xxx the Commission (Second Division) RESOLVED, as it hereby RESOLVES to ANNUL the proclamation of petitioner Abdullah A. Jamil made by the Municipal Board of Canvassers of Sultan Gumander, Lanao del Sur on June 10, 1995 and June 26, 1995, respectively, it being contrary to law and jurisprudence; and, to RELIEVE the Municipal Board of Canvassers of Sultan Gumander, Lanao del Sur, chaired by Mr. Casan Macadato of its duties and functions as such.On August 31, 1995, petitioner filed an Urgent Ex-Parte Motion to Suspend Implementation of the Order dated August 24, 1995.[14]
ACCORDINGLY, the Regional Election Director, Region XII, Cotabato City, is hereby DIRECTED to constitute a new Municipal Board of Canvassers for the Municipality of Sultan Gumander, Lanao del Sur, which shall forthwith RECONVENE and PROCLAIM candidate ALINADER ALINDONG as the lawfully elected Mayor of the Municipality of Sultan Gumander, Lanao del Sur.
SO ORDERED.[13]
Acting on the URGENT EX-PARTE MOTION filed on August 31, 1995 by petitioner-appellant through counsel praying that an order be immediately issued, directing the newly constituted Municipal Board of Canvassers to suspend the implementation of the Order of August 24, 1995, the Commission en banc, considering that a motion for reconsideration was filed and that the entire records of these cases were already elevated to it, hereby orders the newly constituted Municipal Board of Canvassers of Sultan Gumander, Lanao del Sur to suspend the implementation of the order of the Second Division dated August 24, 1995 until further orders.On February 12, 1996, the COMELEC en banc by a vote of 3 - 3, issued a Resolution which reads in full:
SO ORDERED. [17]
The record shows that the Commission deliberated on the motion for reconsideration that petitioner appellant Abdullah A. Jamil (In SPC No. 95-272) filed on August 31, 1995, seeking to set aside the resolution of the Second Division promulgated on August 24, 1995, authorizing the reconstituted municipal board of canvassers, Sultan Gumander, Lanao del Sur, to proclaim candidate Alinader Balindong as the lawfully elected mayor of the said municipality.Hence, the present petition for certiorari brought before us contending that the COMELEC en banc committed grave abuse of discretion in issuing its February 12, 1996 Order because:
Resolving the motion, the Commission members reached a consensus to deny the petitioner Jamil’s motion for reconsideration and to affirm the appealed order of the Second Division, dated August 24, 1995.
Accordingly, the Commission assigned Commissioner Gorospe to prepare the corresponding resolution, which he did, and to which six (6) Commissioners had affixed their signatures. When the resolution was referred to Commissioner Maambong, he asked for time to study the same and to prepare his dissent, without asking for a reconsultation. He prepared a dissenting opinion that he circulated to all the Commissioners.
Before the Commission could promulgate the majority resolution, four (4) Commissioners, namely Commissioners Remedios A. Salazar-Fernando, Graduacion A. Reyes Claravall, Julio F. Desamito and Teresita Dy-Liacco Flores, indicated their desire to re-study the case. Thereafter, Commissioners Fernando and Flores indicated that they would vote to set aside the resolution of the second division and would join in the opinion of Commissioner Maambong. However, Commissioner Fernando prepared her own separate opinion. When the case was referred to Commissioner Gorospe, he voted to affirm the appealed resolution and to maintain his ponencia. Chairman Pardo and Commissioner Desamito voted to continue their concurrence to the ponencia. Unfortunately, before Commissioner Claravall could enter her final vote, she suffered a stroke from which she did not recover and passed away on January 14, 1996.
Consequently, at this point, the members of the Commission are evenly divided in their opinion, and pursuant to the Comelec Rules of Procedure, the Commission re-heard the case and deliberated anew thereon. After such re-hearing and deliberation, the members was still evenly divided in opinion.
WHEREFORE, the Chairman hereby certifies that the members of the Commission were evenly divided in their opinion on petitioner-appellant Jamil’s motion for reconsideration and pursuant to Rule 18, Section 6, Comelec Rules of Procedure, the motion shall be DENIED.
ACCORDINGLY, the Commission hereby DENIES the motion for reconsideration that petitioner-appellant Abdullah A. Jamil filed on August 31, 1995, and AFFIRMS the resolution of the Second Division, promulgated on August 24, 1995.
This resolves all the pending incidents in the above cases.
SO ORDERED.[18]
SEC. 6. Procedure if Opinion is Equally Divided.--When the Commission en banc is equally divided in opinion; or the necessary majority cannot be had, the case shall be reheard, and if rehearing no decision is reached, the action or proceeding shall be dismissed if originally commenced in the Commission; in appealed cases, the judgment or order appealed from shall stand affirmed; and in all incidental matters, the petition or motion shall be denied.So that when COMELEC Chairman Bernardo Pardo and Commissioners Manolo Gorospe and Julio Desamito voted to affirm the August 24, 1995 resolution of the Second Division as against the dissent of Commissioners Regalado Maambong, Remedios Salazar-Fernando and Teresita Dy-Liacco Flores, no rules were breached as the motion for reconsideration was deemed denied for having failed to get a majority vote in accordance with the foregoing rule.
A decision becomes binding only after it is validly promulgated and not before. As we said only recently in In re Emiliano Jurado, ‘a decision or resolution of the Court becomes such, for all legal intents and purposes, only from the moment of its promulgation.’ According to Chief Justice Moran in the landmark case of Araneta v. Dinglasan:Accordingly, one who is no longer a member of this Court at the time a decision is signed and promulgated, cannot validly take part in that decision. As above indicated, the true decision of the Court is the decision signed by the Justices and duly promulgated. Before that decision is so signed and promulgated, there is no decision of the Court to speak of. The vote cast by a member of the Court after the deliberation is always understood to be subject to confirmation at the time he has to sign the decision that is to be promulgated. That vote is of no value if it is not thus confirmed by the Justice casting it. The purpose of this practice is apparent. Members of this Court, even after they have cast their votes, wish to preserve their freedom of action till the last moment when they have to sign the decision, so that they may take full advantage of what they may believe to be the best fruit of their most mature reflection and deliberation. In consonance with this practice, before a decision is signed and promulgated, all opinions and conclusions stated during and after the deliberation of the Court, remain in the breasts of the Justices, binding upon no one, not even upon the Justice themselves. Of course, they may serve for determining what the opinion of the majority provisionally is and for designating a member to prepare the decision of the Court, but in no way is that decision binding unless and until signed and promulgated.
1.) Sustaining the Order of the COMELEC dated August 24, 1995 annulling the proclamation of petitioner Abdullah A. Jamil as Mayor of Sultan Gumander, Lanao del Sur;
2.) Declaring the proclamation of private respondent Alinader Balindong as Mayor of Sultan Gumander, Lanao del Sur, null and void;
3.) Ordering the COMELEC to resolve with dispatch the pending incidents in SPC No. 95-271 and SPC No. 95-272, i.e., rule on the objection of inclusion and/or exclusion brought to it on appeal and immediately thereafter, to create a Special Municipal Board of Canvassers to proclaim, after proper canvass, the mayor-elect of Sultan Gumander, Lanao del Sur.
The board of canvassers upon receipt of any such objections shall automatically defer the canvass of the contested returns and shall proceed to canvass the rest of the returns which are not contested by any party.Within twenty-four hours from and after the presentation of a verbal objection, the same shall be submitted in written form to the board of canvassers. Thereafter, the board of canvassers shall take up each contested return, consider the written objections thereto and summarily rule thereon. Said ruling shall be made oral initially and then reduced to writing by the board within twenty-four hours from the time the oral ruling is made.
Any party adversely affected by an oral ruling on its/his objection shall immediately state orally whether it/he intends to appeal said ruling. The said intent to appeal shall be stated in the minutes of the canvassing. If a party manifests its intent to appeal, the board of canvassers shall set aside the return and proceed to rule on the other contested returns. When all the contested returns have been ruled upon by it, the board of canvassers shall suspend the canvass shall made an appropriate report to the Commission, copy furnished the parties.[27] Samad v. COMELEC, 224 SCRA 631, 642 (1993); Mutuc v. COMELEC, 22 SCRA 662 (1968) citing Demafiles v. COMELEC, 21 SCRA 1462 (1967); Abes v. COMELEC, 21 SCRA 1252 (1967); Abendante v. Relato, 94 Phil. 8 (1953).
The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the objections brought to it on appeal by the losing party and any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.