SULTAN USMAN SARANGANI v. COMELEC, GR No. 135927, 2000-06-26
Facts:
On September 15,
1997, a petition for annulment of several precincts and annulment of book of
voters in Madalum, Lanao Del Sur was filed with the COMELEC. Among the
precincts sought to be annulled was Padian Torogan.
On September 18,
1997, the COMELEC sent telegrams to the respective Board of Election Inspectors
(BEI) of the questioned precincts in Madalum, Lanao Del Sur, including Padian
Torogan, to file their answer to the petition for abolition of precincts and
annulment of book of voters.
On October 31, 1997,
the incumbent mayor of Madalum, Lanao Del Sur, Usman T. Sarangani, herein
petitioner, together with other oppositors who were allegedly barangay chairmen
of the 23 barangays the "Books of Voters" and precincts of which were
sought to be annulled and abolished filed an "Answer in Opposition"
which included the affidavits of the barangay chairmen of the affected
precincts attesting to the fact that the move to annul the book of voters and
abolish the questioned election precincts were for the purpose of diminishing
the bailiwicks of the incumbent mayor of Madalum, Lanao del Sur.
The COMELEC - Law
Department directed Atty. Muslemin Tahir, the Provincial Election Supervisor of
Marawi City, Lanao del Sur "to conduct a rigorous incisive investigation
on the alleged ghost precincts and thereafter submit a report on the
investigation conducted."
On June 18, 1998, an
ocular inspection was conducted on the alleged ghost precincts yielding the following
results -
xxx
It appears that in this area there are only two structures: One is a
concrete house with no roof, and the other is a wooden structure without walls
and roof. This obviously mean that no single human being could possibly reside
in these two structures.
Also, it came out that the name Padian-Torogan means a cemetery not a
residential place. So this contradicts the records being brought by the COMELEC
Team from the Census saying that the area has 45 households with a total
population of 285.
Besides, no less than the Chairman of the COMELEC Investigating Team
asked the people around who among them is a resident or a registered voter in
the so-called Barangay Padian-Torogan, and no one answered affirmatively.
Xxx
On the basis of the
foregoing, Election Officer Casan Macadato submitted to the Provincial Election
Supervisor of COMELEC in Marawi City its 1st Indorsement reporting the results
of the ocular inspection that Padian Torogan and Rakutan were uninhabited.
On June 29, 1998,
the COMELEC issued the assailed Order finding "Padian Torogan as ghost
precinct."
On November 3, 1998,
Sultan Usman Sarangani, Soraida M. Sarangani and Hadji Nor Hassan, in their
respective capacity as former Municipal Mayor, incumbent Mayor and Vice-Mayor
of Madalum filed the instant petition for certiorari and mandamus urging the
Court to nullify the Order issued by the COMELEC, for having been issued with
grave abuse of discretion.
Issues:
whether or not the
respondent COMELEC committed grave abuse of discretion in declaring
Padian-Torogan as ghost precinct.
Ruling:
It appears from the
records that Padian Torogan is a barangay in Madalum, Lanao del Sur and it was
erroneous for the COMELEC to consider Padian-Torogan as a ghost precinct. In
any case, the court is not tasked to determine whether the so-called Padian
Torogan is a barangay or a mere election precinct. The petition states that
precinct No. 27A located in Barangay Padian Torogan was the one declared as a
ghost precinct by the COMELEC although the assailed Order did not mention any specific
precinct but simply declared "Padian Torogan as ghost precinct."
It must be noted
that under the Omnibus Election Code, there should be at least one precinct per
barangay. In designating election precincts, the COMELEC usually refers to them
by number. Nevertheless, the determination of whether a certain election
precinct actually exists or not and whether the voters registered in said
precinct are real voters is a factual matter. On such issue, it is a
time-honored precept that factual findings of the COMELEC based on its own
assessments and duly supported by evidence, are conclusive upon the Court, more
so, in the absence of a substantiated attack on the validity of the same.
Upon review of the
records, the Court finds that the COMELEC had exerted efforts to investigate
the facts and verified that there were no public or private buildings in the
said place, hence its conclusion that there were no inhabitants. If there were
no inhabitants, a fortiori, there can be no registered voters, or the
registered voters may have left the place. It is not impossible for a certain
barangay not to actually have inhabitants considering that people migrate. A
barangay may officially exist on record and the fact that nobody resides in the
place does not result in its automatic cessation as a unit of local government.
The findings of the
administrative agency cannot be reversed on appeal or certiorari particularly
when no significant facts and circumstances are shown to have been overlooked
or disregarded which when considered would have substantially affected the
outcome of the case. The COMELEC has broad powers to ascertain the true results
of an election by means available to it. The assailed order having been issued
pursuant to COMELEC's administrative powers and in the absence of any finding
of grave abuse of discretion in declaring a precinct as non-existent, said
order shall stand.
No voter is
disenfranchised because no such voter exist. The sacred right of suffrage guaranteed
by the Constitution is not tampered when a list of fictitious voters is
excluded from an electoral exercise. Suffrage is conferred by the Constitution
only on citizens who are qualified to vote and are not otherwise disqualified
by law. On the contrary, such exclusion of non-existent voters all the more
protects the validity and credibility of the electoral process as well as the
right of suffrage because the "electoral will" would not be rendered
nugatory by the inclusion of some ghost votes. Election laws should give effect
to, rather than frustrate the will of the people.
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