CASE DIGEST: Sarangani v. COMELEC

 

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.