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Ibrahim Vs Comelec

The COMELEC en banc issued resolutions disqualifying Kamarudin Ibrahim from running for municipal Vice Mayor because he was not a registered voter in that municipality. Ibrahim filed a petition challenging these resolutions. The Supreme Court ruled that the COMELEC en banc acted with grave abuse of discretion by disqualifying Ibrahim without a proper petition having been filed against him and by taking cognizance of a matter that should have been handled by one of its divisions. The Court granted Ibrahim's petition and ruled that the COMELEC en banc did not have the authority to disqualify him.

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Michelle Montenegro - Araujo
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1K views2 pages

Ibrahim Vs Comelec

The COMELEC en banc issued resolutions disqualifying Kamarudin Ibrahim from running for municipal Vice Mayor because he was not a registered voter in that municipality. Ibrahim filed a petition challenging these resolutions. The Supreme Court ruled that the COMELEC en banc acted with grave abuse of discretion by disqualifying Ibrahim without a proper petition having been filed against him and by taking cognizance of a matter that should have been handled by one of its divisions. The Court granted Ibrahim's petition and ruled that the COMELEC en banc did not have the authority to disqualify him.

Uploaded by

Michelle Montenegro - Araujo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

192289
JANUARY 8, 2013
KAMARUDIN K. IBRAHIM, Petitioner,
vs.
COMMISSION ON ELECTIONS and ROLAN G. BUAGAS, Respondents.
FACTS:
Petitioner Kamarudin Ibrahim (Ibrahim) filed his certificate of candidacy to run
as municipal Vice Mayor.
Thereafter, respondent Rolan G. Buagas (Buagas), then Acting Election Officer in the
said municipality, forwarded to the COMELECs Law Department (Law Department) the
names of candidates who were not registered voters therein. The list included Ibrahims
name.
Consequently, COMELEC en banc issued a Resolution dated December 22,
2009 disqualifying Ibrahim for not being a registered voter of the municipality where he
seeks to be elected without prejudice to his filing of an opposition.
It prompted Ibrahim to file Petition/Opposition but was denied by the COMELEC
en banc through a Resolution dated May 6, 2010. In this resolution, the COMELEC
declared that the Resolution dated December 22, 2009 was anchored on the
certification, which was issued by Buagas and Acting Provincial Election Supervisor of
Maguindanao, Estelita B. Orbase, stating that Ibrahim was not a registered voter of the
municipality where he seeks to be elected.
On the day of the election, during which time the Resolution dated May 6, 2010
had not yet attained finality, Ibrahim obtained the highest number cast for the Vice
Mayoralty race. However, the Municipal Board of Canvassers (MBOC), which was then
chaired by Buagas, suspended Ibrahims proclamation.
Thus, this petition.
ISSUE:
Whether or not the COMELEC en banc acted with grave abuse of discretion in
issuing the assailed resolutions.

HELD:
The petition is meritorious.
COMELEC en banc is devoid of authority to disqualify Ibrahim as a candidate for
the position of Vice Mayor.
In the case at bar, the COMELEC en banc, through the herein assailed
resolutions, ordered Ibrahims disqualification even when no complaint or petition was
filed against him yet. Let it be stressed that if filed before the conduct of the elections, a
petition to deny due course or cancel a certificate of candidacy under Section 78 of the
OEC is the appropriate petition which should have been instituted against Ibrahim
considering that his allegedly being an unregistered voter of his municipality disqualified
him from running as Vice Mayor.
His supposed misrepresentation as an eligible candidate was an act falling within
the purview of Section 78 of the OEC. Moreover, even if we were to assume that a
proper petition had been filed, the COMELEC en banc still acted with grave abuse of
discretion when it took cognizance of a matter, which by both constitutional prescription
and jurisprudential declaration, instead aptly pertains to one of its divisions.
Petition for Certiorari under Rule 64, Ibrahim properly resorted to the instant
Petition filed under Rule 64 of the Rules of Court to assail the Resolutions dated
December 22, 2009 and May 6, 2010 of the COMELEC en banc.
Under the Constitution and the Rules of Court, the said resolutions can be
reviewed by way of filing before us a petition for certiorari. What the instant Petition
challenges is the authority of the MBOC to suspend Ibrahims proclamation and of the
COMELEC en banc to issue the assailed resolutions. The crux of the instant Petition
does not qualify as one which can be raised as a pre-proclamation controversy.
Petition is GRANTED.

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