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    15 views6 pages

    Comelec en Banc Resolution - WNM Vs Antonio PDF

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    Rai Meneses

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    © All Rights Reserved
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    of 6
    Republic of the Philippines COMMISSION ON ELECTIONS Manila EN BANC WILLIAM N. MAMBA, Petitioner, -versus- SPC NO. 13-038 PROVINCIAL BOARD OF CANVASSERS OF CAGAYAN AND ALVARO “BONG” T. ANTONIO, Respondents, x NOTICE x ATTY. MANUEL T. MOLINA BARBERS MOLINA AND MOLINA Lead Counsel for Petitioner Suite 200, Delta Building ‘West Avenue, Quezon City 2. ATTY. SILVESTRE H. BELLO Il ATTY. LUCAS C, CARPIO, JR. ATTY. JOSE VENTURA ASPIRAS YULO CARPIO & BELLO LAW OFFICES Collaborating Counsel for the Petitioner Unit 9034, West Tower Philippine Stock Exchange Center Ortigas Center, Pasig City 3. ATTY. MARIA ROSARIO S. MAMBA Collaborating Counsel for the Petitioner Lot 14 Block 10, 4” St., Trinidad Homes Subdivision, Pasig City 1611 4. ATTY. ROY ALFERT M. CARASIG Counsel for the Respondent 17 Don Manuel Villaba St BF Phase 6A, BF Homes 1700 Parafiaque City 5. ATTY. RHOUAN S. LOSERIAGA ATTY. MICHAEL SAMUEL C. TULAY ATTY. MARK LESTER DG TAMONDONG VALENTON GRAMATA LOSERIAGA LAW OFFICES Collaboarating Counsel for the Respondent 3" Floor, Quad Alpha Centrum 125 Pioneer St., Mandaluyong City 6. THE PROVINCIAL BOARD OF CANVASSERS Public Respondent Clo The Provincial Election Supervisor Commission on Elections Tuguegarao City, Cagayan 7. THE PROVINCIAL ELECTION SUPERVISOR Commission on Elections Tuguegarao City, Cagayan GREETINGS Altached is a copy of the RESOLUTION of the Commission (EN BANC) in the above- entitled case both promulgated 07 October 2014. Manila, October 09, 2014. FOR THE COMMISSION: aaron. CREM nesunn can 1 Acting Crer® of the Commission eles! Republic of the Philippines COMMISSION ON ELECTIONS Intramuros, Manila EN BANC WILLIAM N. MAMBA, SPC No. 13-038 Petitioner, Present: Brillantes, S. S., Jr., Chairman Tagle, L.N., Commissioner Yusoph, E.R., Commissioner Lim, C.R.S., Commissioner THE PROVINCIAL BOARD OF Parrefio, A.A., Coximissioner CANVASSERS OF CAGAYAN Guia, L.T.F., Comifissioner AND ALVARO Lim, A. i “BONG” ANTONIO, Respondents. Promulgated: - ocr o7 20% RESOLUTION Failure to pay the required fees for a motion for reconsideration is a fatal error.! The Case Before the Commission (En Banc) is a Motion for Reconsideration of the August 28, 2013 Resolution? [’ Assailed Resolution”] of the First Division, the dispositive portion of which reads: 1 GR. No. 163776, April 24, 2007. 2 Records, pp. 708-719. SPC 13-038 ‘Mamba vs PBOC et al. RESOLUTION, En Bane Page 2 of 6 “WHEREFORE, in view of the foregoing, the petition is DISMISSED for lack of merit.” The Facts The facts culled by the First Division are as follows: “Petitioner [William] Mamba and respondent [Alvaro] Antonio squared off for the gubernatorial post of the province of Cagayan during the May 13, 2013 National and Local Elections. After the counting and canvass of votes, the parties were credited with the following number of votes: “CANDIDATE PARTY VOTES PERCENTAGE OBTAINED ANTONIO, United 212,908 62.35% ALVARO Nationalist Alliance MAMBA, Liberal Party 128,570 37.65% WILLIAM. “Source: COMELEC Website. Official Results May 13, 2013 National and Local Elections. Accordingly, the Provincial Board of Canvassers of Cagayan proclaimed respondent Antonio as the duly elected Governor on May 16, 2013. Aggrieved, petitioner filed a pre-proclamation controversy before respondent PBOC of Cagayan on ground of illegal proceedings. He claims that widespread terrorism, violence, intimidation, harassment and massive vote-buying were perpetrated by respondent Antonio, his allies and supporters which rendered the canvassing of the board as sham. His petition, however, was denied by the PBOC Cagayan on May 16, 2013. SPC 13-038 Mamba vs PBOC et al. RESOLUTION, En Banc Page 3 of 6 On May 27, 2013, petitioner initiated the instant petition to nullify the proclamation of respondent Antonio, alleging that the resolution of respondent PBOC is erroneous for being contrary to the purpose and intention of Section 2(b) Rule 4 of COMELEC Resolution No. 8804. He anchors his petition on the following submissions: 1. Violence, terrorism, vote-buying and other election offenses marred the elections in Cagayan, frustrating the popular will and imposing a pre-determined election outcome; 2. Respondent is guilty of multiple election offenses and should have already been disqualified on this basis alone; 3. Vote-buying, terrorism, harassment are serious election offenses and for which respondent must be immediately disqualified; and 4. Even if already proclaimed, respondent must be disqualified because he is guilty of election offenses.”3 As earlier stated, the First Division dismissed the Petition. Succinctly, the First Division dismissed the Petition on two grounds: A. The acts of terrorism which come within the ambit of a pre- proclamation controversy as defined under Sections 24 and 6° Rule 4 of Comelec Resolution 8804° pertain to those attendant during the canvassing proceedings; and, Ibid, pp. 708-709. Section 2. Illegal Proceedings of the Board of Canvassers. - There is illegal proceedings of the BOC when the canvassing is a sham or mere ceremony, the results of which are pre-determined and manipulated as when any of the following circumstances are present: a) precipitate canvassing; b) terrorism; c) lack of sufficient notice to the members of the BOC's; d) Improper venue 5 Section 6, Illegal Proceedings Discovered after Proclamation.- If the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results, a verified petition to annual the proclamation may be filed before COMELEC within ten (10) days after the day of proclamation. Upon receipt of the verified petition, the Clerk of the ‘Commission shall have the same docketed and forthwith issue summons to the parties to be affected by the petition, with a directive for the latter to file their answer within five (5) days from receipt. Thereafter the case shall be deemed submitted for resolution, which shall not be later seven (7) days from receipt of the answer. The Comelec Rules of Procedure on Disputes in an Automated Election System. ™t 7 Ad, pp. 720-723. me v 8 Id, pp.725-744. 9 Id, p. 724. 10 Id, p.798. M Id., pp. 801-813. SPC 13-038 Mamba vs PBOC et al. RESOLUTION, En Bane Page 5 of 6 XXX. Section 7 was amended by Comelec Resolution No. 02-0130 by increasing said legal fees to Php 500.00. Moreover, Section 8 of the COMELEC Rules of Procedure provides that the Commission may refuse to take action until it is paid. In Cayat vs. Comelec, the Supreme Court held: “Cayat’s motion for reconsideration is merely pro forma because Cayat failed to pay the prescribed filing fee within the prescribed period. This brings us to the conclusion that it is as if no motion for reconsideration had been filed, resulting in the 12 April 2004 Resolution of the COMELEC’s First Division attaining finality. The COMELEC First Division’s 12 April 2004 Resolution declaring Cayat’s disqualification became final on 17 April 2004, long before the 10 May 2004 local elections.” (Emphases supplied). Following the doctrine laid down in the Cayat Case, the Assailed Resolution already attained finality; hence, to discuss the merits of the same is now beyond the purview of this Commission. The Commission (En Banc) is left with no other recourse but to dismiss the same. WHEREFORE, premises considered, the instant Motion for Reconsideration is denied. SO ORDERED. S. BRILLANTP&, JR. Came Chatrman SPC 13-038 Mamba vs PBOC et al. RESOLUTION, En Banc BAS fAGLE Commissioner — ce ee i Se CHRISTIAN RO! T S. LIM Commissioner € LYIE/TITO F. GUIA ‘commissioner Page fof 6 ELJAS R) PH Commissioner

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