G.R. No. 152151-52; January 22, 2003
SAADUDDIN M. ALAUYA, JR., petitioner, vs. COMMISSION ON ELECTIONS, SHALIMAR H. TAMANO and USMAN T. SARANGANI, respondents.

FACTS

Regular elections for the ARMM Regional Legislative Assembly were held on November 26, 2001. The 2nd District of Lanao del Sur, composed of 21 municipalities, was to elect three assemblymen. A failure of election occurred in Lumbatan, requiring special elections on January 7, 2002. The Provincial Board of Canvassers proclaimed Alexander Menor as the top winner based on results from the other 20 municipalities, as the Lumbatan results would not affect his victory. On December 21, 2001, respondent Shalimar H. Tamano filed two petitions (SPA Nos. 01454 and 01455) to declare a failure of election or annul the results in five municipalities (Madalum, Madamba, Sultan Gumander, Bacolod Kalawi, and Bayang) due to alleged massive substitute voting and fraud, and prayed for suspension of proclamation. Petitioner Saaddudin M. Alauya, Jr. and respondent Usman T. Sarangani filed their respective answers and motions. After the Lumbatan special elections, the canvass showed Menor as first, Sarangani second, and Alauya third. On January 7, 2002, the COMELEC en banc issued an order directing the Board not to proclaim the winners. Alauya filed motions to lift the suspension. On February 19, 2002, the COMELEC denied the motion to dismiss and assumed jurisdiction. Alauya filed this petition. The Supreme Court issued a temporary restraining order on March 19, 2002, directing the COMELEC to cease from implementing the suspension order insofar as Alauya was concerned, leading to his proclamation and assumption of office. Sarangani joined the petition, seeking similar relief.

ISSUE

1. Whether the COMELEC’s January 7, 2002 Order suspending proclamation was issued in violation of due process.
2. Whether the COMELEC has jurisdiction over SPA Nos. 01454 and 01455.
3. Whether the suspension of proclamation is void because the results from the five municipalities do not affect Alauya’s election as the No. 3 winning candidate.

RULING

1. No, the Order was not issued in violation of due process. The COMELEC gave notices dated December 21, 2001 to all parties, requiring answers and setting a hearing for January 4, 2002. Alauya did not appear at the hearing but filed an Answer with Motion to Dismiss. Due process is satisfied when a party is given an opportunity to be heard, either through oral arguments or pleadings.
2. Yes, the COMELEC has jurisdiction. Alauya erroneously characterized the petitions as pre-proclamation controversies, which are prohibited for ARMM regional assembly elections under Section 3 of R.A. 7647 and Section 15 of R.A. 7166. However, SPA Nos. 01454 and 01455 are petitions for declaration of failure of election under Section 6 of the Omnibus Election Code, which is distinct from a pre-proclamation controversy. The COMELEC has constitutional and statutory authority to act on such petitions.
3. Yes, the suspension of proclamation is void as to Alauya. The canvass results showed Alauya as the third-place winner. The votes from the five municipalities sought to be annulled, even if entirely deducted from Alauya’s total, would not displace him from the third winning spot or affect the result of the election. Under Section 20(i) and Section 21 of R.A. 7166, proclamation is authorized if contested returns do not adversely affect the election results. Therefore, the COMELEC committed grave abuse of discretion in suspending Alauya’s proclamation.