G.R. No.

179430, July 27, 2009

JAMELA SALIC MARUHOM, Petitioner,

vs.
COMMISSION ON ELECTIONS, and
MOHAMMADALI "Mericano" A.
ABINAL, 
Respondents.
Presented by: HUGH IRVIN M. TUMBAGAHAN
Election Officer III
OEO Banga, Aklan
This is a case digest presentation of Comelec Aklan
for the Zoom meeting with RED.
July 23, 2020
FACTS:
• Petitioner, Jamela Salic Maruhom was a
mayoralty candidate in the Municipality of
Marantao for the May 14, 2007 National and
Local Elections. She filed her Certificate of
Candidacy (COC) on March 28, 2007.
FACTS:
• But prior to her filing of COC, she applied for
registration in Marawi City last July 26, 2003
as (1) "Jamela H. Salic Maruhom"; (2) she was
born in Marawi on April 5, 1960; and (3) she
had resided in Marawi for 43 years.
FACTS:
• Three (3) days later, on July 29, 2003,
petitioner again applied for registration in
Marantao without cancelling her registration
in Marawi City. She stated in her registration
that (1) she was "Hadja Jamelah Salic Abani";
(2) she was born in Marantao on September 3,
1960; and (3) she had resided in Marantao for
42 years.
FACTS:
• On March 28, 2007, petitioner filed her COC
in Marantao and declared that she was born on
April 5, 1960, that her surname was “Salic”
and her maiden/maternal name was “Abani,
Mama, Esmail, Maruhom.” This was in
contrast with her Marantao registration record.
FACTS:
• Respondent, re-electionist Mayor
Mohammadali A. Abinal filed before the
COMELEC a Petition for Disqualification
against Maruhom, which alleged that (1) she
was a double registrant; (2) she made a false
material representations on her registrations in
Marawi and Marantao; and, (3) she made a
false material representations in her COC.
FACTS:
• The COMELEC First Division found that
Maruhom had two (2) subsisting registrations,
one in Marawi and another in Marantao and
declared that her registration in Marantao as
void ab initio being a double registrant and by
making false representation of material facts.
FACTS:
• Aggrieved, Maruhom filed the instant Petition
for Certiorari, under Rule 64 of the Revised
Rules of Court; imputing grave abuse of
discretion on the part of COMELEC, for the
Comelec had no jurisdiction to declare null
and void her registration as a registered voter
of Marantao, Lanao del Sur and to declare her
as a double registrant.
ISSUE/S:
• Whether or not the COMELEC committed
grave abuse of discretion amounting to lack of
jurisdiction when it declared the petitioner a
double registrant and the Marantao registration
null and void; and,
• Whether or not the COMELEC erred in
cancelling petitioner’s COC due to false
representations of material facts.
RULING
:• On the first issue, NO. The COMELEC did
not commit grave abuse of discretion when it
declared the petitioner as double registrant and
the Marantao registration null and void as the
rule in Minute Resolution No. 00-1513 dated
July 25, 2000 stated that “… any subsequent
registration thereto is void ab initio.” Such
subsequent registration makes the petitioner a
double registrant.
RULING
:• On the second issue, NO. The COMELEC did
not err in cancelling the COC of the petitioner.
Under Sec. 78 of the Omnibus Election Code
(OEC), the COMELEC is empowered to deny
due course to or cancel the COC due to false
representations of material facts being her
Marantao registration was null and void.
RULING
:• Although Maruhom made 3 request for
cancellation of her registration in Marawi, she
did not inform the election officer of Marantao
that she had a pending request for cancellation
of registration in Marawi, thus, declaring
under oath in her COC that she was a
registered voter of Marantao and was qualified
to run for mayor in said municipality.
RULING
:• That filing of COC with false presentations of
material facts is a ground for cancellation of
COC.
CONCLUSION:
• Even though Maruhom cannot vote nor run for
elective office in Marantao, she can still
exercise her right of suffrage or even run for
elective office in Marawi.
• May it be known that under the Constitution,
the COMELEC has all the necessary and
incidental powers for it to achieve the holding
of free, orderly, honest, peaceful, and credible
elections.
QUESTION:
• Why did the COMELEC failed to identify the
subsequent registration of Maruhom through
the Automated Fingerprint Identification
System (AFIS) and delete it during the
Election Registration Board (ERB) hearing
prior to the filing of her COC?
FURTHER
READ:
• Min. Res. No. 00-1513 (Jul. 25, 2000) – In the matter of the Omnibus
Resolution annulling the second or subsequent registration of any registered
voter while his first registration subsists.
• Reso No. 9764 (Aug. 30, 2013) – Abatement of subsequent registration
records of voters found to be double/multiple through the Automated
Fingerprint Identification System (AFIS) for the purpose of the October 28,
2013 Barangay and Sangguniang Kabataan (SK) Elections and subsequent
elections.
• Reso No. 10637 (Jan. 10, 2020) – Procedures to be observed by the Office
for Overseas Voting and the members of the Resident Election Registration
Board of the Office for Overseas Voting in the abatement of subsequent
registration records of voters found to have double/multiple registration
records through Automated Fingerprint Identification System (AFIS).
 Thank you
&
Have a Wonderful Day!