G.R. No. 107854 and G.R. No. 108642, July 16, 1993.
DATU SUKARNO S. SAMAD, petitioner, vs. COMELEC AND BAI UNGGIE ABDULA, respondents. ( G.R. No. 107854 )

DATU SUKARNO S. SAMAD, petitioner, vs. HON. EXECUTIVE SECRETARY, HON. ANTONIO CARPIO AND BAI UNGGIE ABDULA, respondents. (G.R. No. 108642)

FACTS

Petitioner Datu Sukarno S. Samad and private respondent Bai Unggie Abdula were contenders for Mayor of Kabuntalan, Maguindanao in the May 11, 1992 elections. Two different canvassing boards proclaimed each of them winner: Abdula on May 28, 1992, and Samad on May 29, 1992. Both filed separate petitions with the COMELEC against each other (SPA 92-314 by Samad and SPC 92-421 by Abdula), which were consolidated. On June 29, 1992, the COMELEC issued Resolution No. 2489, which deemed terminated all pre-proclamation cases except 86 listed cases; SPA 92-314 was not on the list. On that same date, however, the COMELEC also issued a resolution in SPA 92-314 directing an investigation into the conflicting proclamations. On July 2, 1992, Samad filed a petition for quo warranto and prohibition with the Regional Trial Court (RTC) of Cotabato City. On November 4, 1992, the COMELEC First Division denied the consolidated petitions and directed the constitution of a Special Board of Canvassers to determine the genuine set of election documents. This was sustained by the COMELEC en banc on November 27, 1992, which also stated that the DILG should designate an OIC-Mayor pending implementation. Samad filed a petition for certiorari with the Supreme Court ( G.R. No. 107854 ), which issued a temporary restraining order on December 3, 1992. On January 5, 1993, President Fidel V. Ramos designated Abdula as OIC-Mayor. Samad filed another petition (G.R. No. 108642) questioning this designation. The Supreme Court issued another restraining order on February 18, 1993. The two petitions were consolidated.

ISSUE

1. In G.R. No. 107854 : Whether the COMELEC acted arbitrarily in directing the constitution of a Special Board of Canvassers and in denying Samad’s motion for reconsideration, despite COMELEC Resolution No. 2489 allegedly terminating the pre-proclamation case, and instead of dismissing the petitions to pave the way for a judicial determination by the RTC.
2. In G.R. No. 108642: Whether the President had jurisdiction and authority to appoint Abdula as OIC-Mayor despite a writ of preliminary injunction issued by the RTC of Cotabato City ordering Abdula to cease and desist from performing mayoral functions and enjoining officials to respect Samad’s proclamation.

RULING

1. On G.R. No. 107854 : The COMELEC did not act arbitrarily. SPA 92-314 was not terminated by Resolution No. 2489 because it was not purely a pre-proclamation case; it also included a prayer for special elections, placing it under the category of petitions not governed by the termination provision of R.A. 7166. Furthermore, even if considered a pre-proclamation case, it could continue because the COMELEC had issued an order on June 29, 1992, for proceedings to continue. The filing of the quo warranto petition in the RTC did not divest the COMELEC of jurisdiction because the quo warranto petition was filed while the COMELEC cases were still pending and the COMELEC had not yet resolved the validity of the conflicting proclamations. The general rule that filing an election protest or quo warranto abandons a pre-proclamation controversy does not apply when the protest is filed prematurely, before the pre-proclamation case is resolved. The COMELEC correctly acted to determine the authenticity of the election documents and ascertain the true winner.
2. On G.R. No. 108642: The President had the authority to designate an OIC-Mayor. The writ of preliminary injunction issued by the RTC was based on its assumption of jurisdiction over the quo warranto petition. However, since the COMELEC had not yet resolved the validity of the proclamations and the RTC’s assumption of jurisdiction was premature, the injunction could not bind the President. The power to designate an OIC is executive in nature, and the President acted within his authority to ensure the continuity of government service, especially since the COMELEC en banc itself had declared the need for a DILG designation of an OIC.
DISPOSITIVE PORTION:
The Supreme Court rendered judgment:
1. Allowing private respondent Bai Unggie Abdula to continue discharging duties as OIC-Mayor of Kabuntalan.
2. Ordering the COMELEC to: a) declare the proclamation of both petitioner and private respondent null and void; b) resolve with dispatch the question of whether to call a special election; c) proceed with the creation of a Special Board of Canvassers to proclaim the mayor-elect after proper canvass.
3. Ordering the RTC, Cotabato City, Branch 13, to dismiss SPL Civil Case 2938.
The temporary restraining orders dated December 3, 1992, and February 18, 1993, were lifted.