17A/18A, 19A/20A, and 21A/22A of Barangay Anuling; Precincts 47A/48A, 49A/50A,and 51A/52A of Barangay Bongkuang; Precincts 87A/88A, 89A/90A, 91A/92A,93A/94A, 95A/96A, 97A/98A, and 99A/100A of Barangay Langhub; Precincts101A/102A, 103A/104A, 105A/106A, 107A/108A, and 109A/110A of Barangay Latih;and Precincts 116A/117A, 118A/119A, and 120A of Barangay Maligay. The affected precincts carried a total of 4,686 votes.
He later filed with the MBC written petitionsregarding such exclusion on May 17, 18 and 19, 2007.
He asserted that the 25 electionreturns were "(1) [o]bviously manufactured; (2) [t]ampered with or falsified; (3)[p]repared under duress; and (4) [characterized by] [s]tatistical improbability."
The MBC ruled against Suhuri in the evening of May 19, 2007 by rejecting his objectionsto the 25 election returns.
Then and there, he manifested his intent to appeal vis-à-vis theruling. He filed his notice of appeal shortly thereafter .
In the same evening, the MBC proclaimed Hayudini as the duly elected Mayor for having obtained 7,578 votes asagainst Suhuri’s 6,803 votes based on a complete canvass of the election returns, for amargin of 775 votes in favor of Hayudini.
On May 23, 2007, Suhuri filed a petition-appeal with the COMELEC,
docketed asS.P.C. No. 07-118. The petition-appeal was assigned to the Second Division.On May 25, 2007, Suhuri likewise filed an election protest
dated May 21,2007 in the Regional Trial Court (RTC) in Patikul, Sulu to contest the results of theelections for Municipal Mayor of Patikul, Sulu.
On June 28, 2007, however, the RTCheld the election protest in abeyance upon Suhuri’s own motion due to his pending pre- proclamation controversy in S.P.C. 07-118.In a further move, Suhuri brought a so-called petition to declare a failure of election withurgent motion to suspend and/or annul the canvass of the election returns dated May 18,2007,
referring to the results from the 25 precincts in Barangays Anuling, Bongkaung,Langhub, Latih, and Maligay, all within Patikul, Sulu. However, the COMELEC en bancdenied the petition for insufficiency of evidence on October 9, 2007.
On June 12, 2007, the COMELEC, Second Division, gave due course to Suhuri’s petition-appeal.
On July 24, 2007, the COMELEC, Second Division, ruling on Suhuri’s petition-appeal,excluded the 25 questioned electoral returns from the canvass for the position of Mayor of Patikul, Sulu; and voided the proclamation of Hayudini as the duly electedMayor.
In due course, Hayudini moved for the reconsideration of the July 24, 2007 ruling of theSecond Division.
Initially resolving Hayudini’s motion for reconsideration, Commissioners Florentino A.Tuason, Jr. and Nicodemo Ferrer voted in favor of the resolution of the Second Division,while Acting Chairman Resurreccion Z. Borra, Commissioner Romeo A. Brawner and