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Oct 9, 2010

Comelec declares Macadato as the duly elected mayor of Butig



Marawi City – The Commission on Election (Comelec) declared  Ibrahim  M. Macadato as the duly elected mayor of Butig, Lanao del Sur after the Comelc en banc issued a resolution   SPA No.10-198.
In the 8 pages En Banc Resolution of Atty. Dimnatang Pansar versus Municipal Board of canvassers (MBOC) of Butig, Lanao del Sur and Ibrahim M. Macadato promulgated last September 06, 2010, a petition filed by Atty.Pansar as the petitioner wants that the Comelec will annul the results of the Election in selected clustered precincts in the town, suspension of the effects of proclamation and the holding of Special Elections, and seeks the failure of election in several clustered precincts.
 The resolution states, “Aggrieved with the results of the elections, Pansar filed an instant petition on May 26, 2010. He seeks to annul the results and proceedings in certain precincts that, accordingly, were marred by violence ,terrorism and fraud, causing the disenfranchisement of a considerable number of duly registered voters in Barangays Dilabayan, which has three clustered voting precincts with about 87 out of total 501 registered voters were able to cast their votes, while in Barangay Malungun having three clustered precincts  fifty percent (50%) of the 475 total registered voters have cast their votes and Barangay Pocton which has four clustered precincts”.
He also cited in the petition that in Barangay Poctan out of the total 688 registered voters’ respondent obtained a total of 633 votes while he was credited to only two votes. In Barangay Ragayan, again Pansar garnered the highest number of votes with 620 votes, out of the 725 total registered voters. Both results were described  by petitioners as a statically improbability and further proof of the alleged perpetration of  election fraud  by respondent by respondent.IN addition, petitioner and his poll watchers in Barangay Pocton point out that the anomaly that no unused ballots were retrieved from the ballot boxes during the canvassing giving the appearance that all the registered voters of barangay Poctan exercise their right.
On the other hand, petitioner, Macadato, in his comment and opposition to  the petition, dated June 12, 2010, contends that petitioner’s allegation of fraud, violence and terrorism are erroneous ,unfounded and have n legal basis. He presented affidavit from the BEIs of Malungun and Dilabayan, claiming that his followers did not perpetrate acts of violence or terrorism in their respective precincts.
Macadato said that he presented affidavit of Sultan Abdulrahman M. Diamaoden of the Royal House of Butig and the joint affidavit of former vice mayor of Datu Muhaimen L. Hakim and Timbab, Butig Barangay Chairman Sultan  Dima-acal Macabuntal  to bolster his contention that he did not commit any kind of violence. He also obtained and presented  a the written report of the Chief of Police of Butig, PSI Mapha T. Macapa ar, stating  that the election was honest, peaceful and orderly compared  to the previous elections.
Macadato in his argument the violence and acts of terrorism adverted  by petitioner is as blatant lie, a failure of election cannot be decreed. He contends, citing  Hassan vs Comelec that for such a declaration to be made. He reasons that since the registered voters of the precincts referred to by petitioner actually cast their votes on May 10, 2010, the petition is groundless in fact. He pointed out that the petition was filed on May 26,2010 twelve days from his proclamation in May 14, 2010. Respondent postulates that the instant petition was either file out of time or lodged in the wrong jurisdiction. In his own words, respondent states that “The petition of petitioner appears to be a pre proclamation controversy based on illegal proceedings of Board due to alleged terrorism as provided for under paragraph “b” of section 2 of Rule of Comelec Resolution No.880 in relation to section 6 hereof which must be filed with in ten days after the day of the proclamation. Otherwise it should be regular protest which must be filed with the appropriate Trial Court”
A petition to declare a failure of election is neither a pre-proclamation controversy nor an election case. Respondent should not confuse a petition  for declaration of failure of election with a pre-procla        mation case. In Loong, the Supreme Court explained the matter succinctly in the following manner: ” While, however, the Comelec is restricted in pre-proclamation cases, to an examination of the election returns on their face and is without jurisdiction to go beyond or behind them and investigate election irregularities ,the Comelec is duty bound to investigate allegations of fraud ,terrorism ,violence  and other analogous causes in actions for annulment of election results or for declaration  of failure of elections ,as the Omnibus Election Code denominates  the same. Thus, the Comelec ,in the case of actions  for annulment of election results or declaration of failure of elections ,may conduct technical examination of election  documents and compare and analyze voters’ signatures and fingerprints in order to determine whether or not the elections had indeed been free, honest and clean. Needless to say, a pre –proclamation controversy is not the same as an action for annulment  of election results or declaration of failure of election”.
Consequently, Comelec resolution No.8804 dos not apply .In contrast, the Supreme Court notes that that provision on failure of elections in Section 6 of the Omnibus Election Code does not provide for a prescriptive period.
ON the substantial issue, the respondent prays for the dismissal of the petition for lack of merit and for the affirmation of his proclamation.
Section 6 of the Omnibus Election Code provides for the instances when the Comelec may declare failure of elections, thus:
“Sec.6 .Failure of election.- If ,on account of force majeure, violence, terrorism, fraud or other analogous causes the election in any polling place has not been held on the date fixed ,or had been suspended before the hour fixed by law for the closing of the voting ,or after the voting  and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notvice  and hearing ,call for the holding  or continuation  of the election not held ,suspended  or which resulted  in a failure to elect on a date reasonably close  to the date of the election not held ,suspended or which resulted  in a failure to elect  but not later than thirty days  after the cessation of the cause of such postponement  or suspension of  the election or failure to elect.”
A petition for declaration of failure of election can only be made when two conditions concur ,that is (1) that no voting  has been held in any precinct or precincts because of force majeure, violence  or terrorism; or even if there was voting, the election resulted in a failure to elect; and (2) that the votes not cast therein would suffice to affect the results of h elections.
“We rule that the foregoing conditions are wanting in this case, Please note that although the election in the said place was far from perfect, it cannot be said that such imperfections resulted in no voting  at all in any of the precincts that functioned during  the elections. In fact, all precincts were able to transmit and print the results of the elections. Even in the contested precincts petitioner admits that there was election but such election resulted in his loss. It is not  correct therefore to postulate  or to make it appear tvbhat since he lost in the said  precincts or that because  he obtained a few votes ,the results thereof are products  of massive irregularities and are statistically improbable.
Further , we give more credence to the affidavits executed by the members  of the Board of Election Inspectors and the Municipal Election Office himself  stating that the election was peaceful, than the affidavits executed  by the witnesses of petitioner. Obviously, the BEI and the Election Officer have executed d the affidavits in the exercise  of their official duties while witnesses for the petitioner cannot claim that they did so in their official capacity. It is not far fetched  that all testimonial evidence presented by petitioner in the form of affidavits are self-serving and highly biased since petitioner is clearly exercising ascendancy over them , he being the local executive  in the community for the past  15 years. It cannot be denied that petitioner’s clout and power is pervasive such that between the petitioner and the respondent  it is highly improbable that respondent has the capacity and temerity  to commit or try to commit fraud  and irregularities  he being a simple man with no clout and power whatsoever as compared to herein petitioner who was then  the incumbent mayor.
:Moreover, in the early case of passion vs. Comelec  it was held that: “The petition must be dismissed .It is very apparent from the petition-letter that the grounds relied upon by petitioners in seeking relief from the Comelec are proper grounds for  election protest. Petitioner premised his petition , to quote from resolution  No.9802 of the Comelec ,on seizure of ballot boxes at gunpoint ;intimidation of voters  and forced opening and examination  of ballots; and tampering of election returns .”
In the same case, the Court made the following pronouncement, viz:
“In the early case of Villegas vs. Comelc ,where massive fraud  and violation of certain provisions of the Election Code were allegedly committed during the elections were denounced  in this Court, the Court through Mr. Chief of Justice  Enrique M. Fernando  dismissed the petition, it appearing  therein that the grounds set  forth in the complaint before  the Comelec are proper for election protest. The Court pointed out that any rate petitioner would not be left without remedy f or the opportunity for him, to prove suchb`1 a wholesale allegation of massive fraud and violations of Election Code is still there. Indeed, herein petitioner could still avail himself of the election protest where he could ventilate his grievances and be provided the full opportunity to present  all relevant evidence in a full dress hearing  in a accordance with due process, unlike  in the Comelec where he proceedings are summary in nature .As was aptly said in Laguda vs.Comelc , to pass on such a complex matter in summary proceedings would be to run the risk that the decision arrived at would not reflect the realities of this situation”.
WHERFORE, premises considered, we RESOLVED to, as we do hereby, DISMISS the instant petition and AFFIRM the proclamation of herein respondent Ibrahim Macadato as the duly elected mayor of the Municipality of Butig,lanao del Sur.
The resolution was signed by Jose  A.R.Melo, chairman, Commissioners Rene Sarmiento, Nicodemo T. Ferrer,Lucenito N.Tagle,Armando C.Velasco.Elias R.Yusoph,Gregoria Y.Larrazabal.
 

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ABDULSALI "ILAY" ASMADUN interview on preventing the supporters of Mayoralty Cadidate Hadar Hajiri of Lugus, Sulu to post Campaign Materials at Lugus Proper

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