G.R. No. 192289 ; January 8, 2013
KAMARUDIN K. IBRAHIM, Petitioner, vs. COMMISSION ON ELECTIONS and ROLAN G. BUAGAS, Respondents.

FACTS

Petitioner Kamarudin K. Ibrahim filed his certificate of candidacy for Vice-Mayor of Datu Unsay, Maguindanao, for the May 2010 elections. Acting Election Officer Rolan G. Buagas forwarded a list to the COMELEC Law Department identifying candidates, including Ibrahim, who were allegedly not registered voters of the municipality. Based on a memorandum from its Law Department, the COMELEC en banc issued a Minute Resolution on December 22, 2009, disqualifying Ibrahim and others motu proprio for not being registered voters, without prior notice or hearing, but allowing them to file an opposition within two days. Ibrahim filed an opposition, arguing he was a permanent resident and had been a candidate in prior elections. The COMELEC en banc denied this opposition on May 6, 2010, relying on the presumption of regularity of the election officer’s certification. Ibrahim received the highest number of votes in the election, but his proclamation was suspended by the Municipal Board of Canvassers.

ISSUE

Whether the COMELEC en banc acted with grave abuse of discretion in disqualifying Ibrahim without proper proceedings.

RULING

Yes, the COMELEC en banc committed grave abuse of discretion. The Supreme Court annulled the assailed COMELEC resolutions. The legal logic is clear: the COMELEC en banc violated Ibrahim’s right to due process by disqualifying him motu proprio without prior notice and hearing. The power to cancel a certificate of candidacy or disqualify a candidate in a local election is not an inherent power of the COMELEC en banc to exercise on its own initiative. Under existing rules, the COMELEC can only initiate motu proprio proceedings against candidates for national positions (President, Vice-President, Senator, and Party-List). For local candidates like Ibrahim, a verified petition by a proper party is required to commence disqualification proceedings. The COMELEC en banc improperly assumed jurisdiction and issued a disqualification order based merely on an internal memorandum, which constituted a denial of Ibrahim’s fundamental right to be heard. The subsequent opportunity to file an opposition did not cure this fatal defect, as the disqualification was effectively imposed first. The Court emphasized that while the COMELEC has administrative supervision over election officers, the certifications they issued did not justify a summary disqualification absent adversarial proceedings where the candidate could present contrary evidence.