G.R. No. 123648 December 15, 1997
ABDULLAH A. JAMIL, petitioner, vs. THE COMMISSION ON ELECTIONS, (New) MUNICIPAL BOARD OF CANVASSERS OF SULTAN GUMANDER and ALINADER BALINDONG, respondents.

FACTS

Petitioner Abdullah A. Jamil and private respondent Alinader Balindong were candidates for mayor in Sultan Gumander, Lanao del Sur, in the May 8, 1995 elections. During the canvass by the Municipal Board of Canvassers (MBC) headed by Saadia Sansarona, private respondent objected to the inclusion of election returns from Precincts 5, 10-1, 20-1, and 20 on grounds of duress, being spurious, and missing originals. On May 23, 1995, the Sansarona MBC issued rulings setting aside the returns from Precincts 5, 10-1, and 20-1 for further investigation, making no ruling on Precinct 20. The MBC composition changed on May 25, 1995, with Casan T. Macadato as the new Chairman. On May 30, 1995, the Macadato MBC denied the exclusion of Precinct 20’s return. On June 1, 1995, the Macadato Board resumed canvass using the Municipal Treasurer’s copy for Precinct 20 and investigated the other contested returns, recommending their inclusion in a June 5, 1995 report. On June 8, 1995, private respondent appealed the May 30 ruling on Precinct 20 (SPC No. 95-271), and petitioner appealed the May 23 rulings on the other three returns (SPC No. 95-272). On June 26, 1995, while these appeals were pending, the Macadato Board proclaimed petitioner as the winning candidate. On July 11, 1995, the COMELEC Second Division, citing its Omnibus Resolution, noted the report and directed the board to reconvene and proclaim. The COMELEC en banc later affirmed this order, leading to this petition.

ISSUE

Whether the COMELEC committed grave abuse of discretion in applying its Omnibus Resolution to dismiss the pending pre-proclamation appeals and in affirming the proclamation of the petitioner.

RULING

Yes. The Supreme Court granted the petition, annulled the COMELEC’s resolutions, and directed the completion of the pre-proclamation appeals. The Court ruled that the COMELEC’s Omnibus Resolution, which deemed pre-proclamation cases terminated and board rulings affirmed, could not apply to cases already pending appeal before the COMELEC at the time of the resolution’s promulgation. Section 16 of R.A. 7166, which authorizes the termination of pre-proclamation cases after the election, refers to cases still pending before the board of canvassers, not those already elevated to the COMELEC. The appeals (SPC Nos. 95-271 and 95-272) were filed on June 8, 1995, and were thus pending before the COMELEC prior to June 30, 1995. Therefore, the COMELEC gravely abused its discretion in dismissing them based on the Omnibus Resolution. Furthermore, the proclamation made by the Macadato Board on June 26, 1995, was void ab initio because it was made while the pre-proclamation appeals were pending and without COMELEC authorization, in violation of Section 245 of the Omnibus Election Code. A void proclamation does not deprive the COMELEC of its authority to annul it. The case was remanded to the COMELEC for the resolution of the pending appeals on their merits.