GR 122872; (October, 1997) (Digest)
G.R. No. 122872 , September 10, 1997.
PENDATUN SALIH, petitioner, vs. COMMISSION ON ELECTIONS, OMARHASSIM ABDULMUNAP and FAWSI ALONZO, respondents.
FACTS
In the May 1995 elections, petitioner Pendatun Salih and private respondents Fawzi Alonzo and Omarhassim Abdulmunap were candidates for Mayor of Tandubas, Tawi-Tawi. The Municipal Board of Canvassers ruled to canvass five contested election returns from Precincts Nos. 10, 10-A, 16, 21, and 21-A. On appeal, the COMELEC Second Division, in a Resolution dated June 28, 1995, ordered the inclusion of returns from Precincts Nos. 16, 21, and 21-A, and the exclusion of returns from Precincts Nos. 10 and 10-A. Consequently, the Municipal Board of Canvassers proclaimed petitioner Salih as the winning mayor on June 30, 1995. On the same day, private respondents filed Motions for Reconsideration. The COMELEC en banc, applying its Omnibus Resolution dated June 29, 1995, which mandated the termination of pre-proclamation cases not falling under specific dismissible categories, nullified the proclamation and ordered the inclusion of all five contested returns and the proclamation of the winning candidate based on the complete canvass. Petitioner filed this certiorari petition seeking to nullify the COMELEC en banc decision and to declare his status as the duly elected mayor.
ISSUE
Whether the COMELEC en banc committed grave abuse of discretion in nullifying petitioner’s proclamation and ordering the inclusion of the contested election returns from Precincts Nos. 10 and 10-A in the canvass.
RULING
The Supreme Court DISMISSED the petition. The COMELEC en banc did not commit grave abuse of discretion. The Court upheld the COMELEC en banc’s application of its Omnibus Resolution, which terminated pre-proclamation controversies and affirmed the rulings of the boards of canvassers, directing the completion of canvass and proclamation. The Court reiterated the doctrine that in a pre-proclamation controversy, the COMELEC cannot look beyond or behind election returns that appear authentic and regular on their face. The proper remedy for allegations of irregularities in the casting or counting of votes is a regular election protest. Since the election returns from Precincts Nos. 10 and 10-A were prima facie regular on their face, the COMELEC en banc correctly ordered their inclusion. The Temporary Restraining Order was dissolved.