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Sarangani vs. Commission on Elections

Case Ponente Decision Date

G.R. No. 135927 BUENA, J Jun 26, 2000

The court upholds the exclusion of a "ghost precinct" from a special election, ruling that
the findings of the administrative agency, the COMELEC, are conclusive and necessary
to maintain the integrity of the electoral process.

EN BANC

G.R. No. 135927. June 26, 2000.

SULTAN USMAN SARANGANI, SORAIDA M. SARANGANI and HADJI NOR HASSAN,

petitioners, vs. COMMISSION ON ELECTIONS and HADJI ABOLAIS R. OMAR, MANAN
OSOP and ATTY. NASIB D. YASSIN, respondents.

Martinez Caparroso & Villasis for petitioners.

The Solicitor General for public respondent.

Nasib D. Yasin for himself and the other private respondents.

SYNOPSIS

Private respondents filed with the COMELEC a petition for annulment of several
precincts and annulment of book of voters in Madalum, Lanao Del Sur. Among the
precincts sought to be annulled was Padian Torogan. The incumbent mayor of Madalum,
Lanao Del Sur, Usman T. Sarangani, herein petitioner, together with others, opposed the
petition. After hearing and submission of formal offer of exhibits and memoranda by the
parties, the COMELEC issued an Order directing the Provincial Election Supervisor of
Marawi City, Lanao del Sur, to conduct an investigation on the alleged ghost precincts and
thereafter submit a report thereon. The report on the ocular inspection conducted on the
alleged precincts showed that Padian Torogan and Rakutan were uninhabited. On the basis
of the said report, the COMELEC issued an Order finding Padian Torogan as ghost precinct.
Hence, this petition.

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. Judicial
interference is unnecessary and uncalled for. No voter is disenfranchised because no such
voter exists. 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. The Court, therefore, upheld the assailed Order of the Commission on
Elections.

SYLLABUS

1. POLITICAL LAW; ELECTIONS; COMELEC; FACTUAL FINDINGS THEREOF BASED

ON ITS OWN ASSESSMENTS AND DULY SUPPORTED BY EVIDENCE ARE CONCLUSIVE
UPON SUPREME COURT IN ABSENCE OF SUBSTANTIATED ATTACK ON VALIDITY OF
THE SAME. 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 this Court, more so, in the absence of a substantiated attack on the validity of the
same.

2. ID.; ID.; ID.; ID.; CASE AT BAR. 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. Under the Local Government Code of 1991, the abolition of a local
government unit (LGU) may be done by Congress in the case of a province, city,
municipality, or any other political subdivision. In the case of a barangay, except in
Metropolitan Manila area and in cultural communities, it may be done by the Sangguniang
Panlalawigan or Sangguniang Panlungsod concerned subject to the mandatory
requirement of a plebiscite conducted for the purpose in the political units affected.

3. ID.; ID.; ID.; ORDER THEREOF DECLARING A PRECINCT AS NON-EXISTENT

SHALL STAND IN ABSENCE OF ANY FINDING OF GRAVE ABUSE OF DISCRETION. 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.

4. CONSTITUTIONAL LAW; SUFFRAGE; RIGHT OF SUFFRAGE; NOT TAMPERED

WHEN A LIST OF FICTITIOUS VOTERS IS EXCLUDED FROM ELECTORAL EXERCISE.
Judicial interference is unnecessary and uncalled for. 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.

DECISION

BUENA, J p:

Way back in the 1950's and during the martial law era, it has been said that even the
dead, the birds and the bees voted in Lanao. This petition for certiorari under Rule 65 of the
Rules of Court which seeks to nullify the Order issued by the Commission on Elections
COMELEC, for brevity dated June 29, 1998, finding Padian Torogan in Madalum, Lanao Del
Sur as "ghost precinct," is an illustrative case. LLjur

The facts are as follows:

 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 by, among
others, Hadji Oblais R. Omar thru counsel Atty. Nasib D. Yasin, herein private respondents.
Among the precincts sought to be annulled was Padian Torogan, subject matter of the
present petition for certiorari. 1

On September 18, 1997, the COMELEC, thru the Clerk of the Commission 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. 2

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 twenty-three (23) barangays the "Books of Voters" and precincts of which
were sought to be annulled and abolished, respectively, filed an "Answer in Opposition" 3
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. 4

After hearing and submission of formal offer of exhibits and memoranda by the
parties, the COMELEC issued an Order 5 dated February 11, 1998, referring the case to its
Law Department for appropriate investigation. The COMELEC-Law Department
conformably issued a memorandum dated April 29, 1998 directing 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." 6 Consequently, Atty. Tahir created a TASK FORCE
INVESTIGATION TEAM by virtue of a memorandum dated June 13, 1998 directing Election
Officers Casan Macadato, Sacrain Guro and Anuar Datudacula "to conduct ocular inspection
on the alleged twelve (12) ghost barangays in the Municipality of Madalum, Lanao Del Sur."
7

On June 18. 1998, an ocular inspection was conducted on the alleged ghost precincts
yielding the following results

"At 12:10 p.m., the Task Force Investigation Team from the COMELEC accompanied
by traditional leaders, political leaders, many concerned residents of this town, a
representative from the Lanao del Sur Provincial Statistics Office, Mr. Lacson Abdullah, and
a Team from the DILG-ARMM, Lanao del Sur, arrived in the area supposedly Barangay
Padian Torogan with these comments and observations:
 "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. cdtai

"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. (Ref.
Municipal census Report as of September 1, 1995).

"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.

"Then at 12:50 PM, the COMELEC Investigating Team still with the people mentioned
above are in Barangay Lumbac to look for the other supposed Barangay named Rakutan,
and found this observations.

...

"By the way, unfortunately, at the peak of this ocular inspection, the Madalum
Municipal Chief of Police Mahdi Mindalano, armed with UZI pistolized Machine Gun,
arrived at the scene at exactly 12:55 p.m. boarding an orange Mitsubishi car with four
armed bodyguards, the (sic) confronted the Team Leader of the COMELEC Investigating
Group and angrily insisted to stop the ocular inspection.

"This STACOM Mindalano, in warning a photographer not to take a shot on him,

pointed his pistolized Rifle to this man when the photographer positioned his camera to
take a picture of him while he is arguing with the investigating leader, Mr. CASAN
MACADATO.

"Moving camera film and several pictures are added hereto for further information
and as exhibits. Also attached hereof are the names and signatures of among the more-or-
less one hundred people who observed the conduct of this ocular inspection.

(NOTE: This writer, Mr. Khalil Y. Alawi, is a member of the five (5) man Committee
from the DILG-ARMM, Lanao del Sur created in respect to the Memo/Invitation from the
COMELEC Provincial Office of Lanao del Sur dated June 15, 1998 signed by Mr. CASAN
MACADATO, EO II, Chief Investigation Team. Mr. Macadato designated verbally and in
public Mr. ALAWI to be his Secretary during this investigation, and of course, the (sic) with
the consent of the DILG Team).
 "I hereby certify that the foregoing are true and correct to the best of my knowledge.

Prepared by: (sgd) Khalil Y. Alawi

Member, DILG Team

Submitted by: (sgd) Casan Macadato

Election Officer II
Chairman, Task Force Investigation Team" 8

On the basis of the foregoing, Election Officer Casan Macadato submitted to the
Provincial Election Supervisor of COMELEC in Marawi City its 1st Indorsement dated June
19, 1998 reporting the results of the ocular inspection that Padian Torogan and Rakutan
were uninhabited. 9

On June 29, 1998, the COMELEC issued the assailed Order finding "Padian Torogan
as ghost precinct." The dispositive portion of the COMELEC Order reads:

"ACCORDINGLY, the Commission En Banc:

(1) resolves to GRANT the request and hereby:

(a) DIRECTS the Task Force Investigating Team created pursuant to the Order of the
Commission en banc dated February 11, 1998, to continue the conduct of ocular inspection
and investigation as contained in the original directive of the Law Department dated April
29, 1998;

(b) RECOMMENDS to the PNP Director and the Regional Director of the Philippine
National police, (1) to immediately relieve and transfer Chief of Police Mahdi Mindalano of
Madalum, Lanao del Sur and transfer him to an area where it will be extremely difficult for
him to return to Mandalum and do further damage to effort of the Commission to
investigate ghost precincts in said area considering the urgency of said investigation. (2) to
look into the possibility of involvement of other policemen (sic) in Madalum in the
aforestated criminal mischief of the Police Station Commander or their possible
partisanship.

(c) RECOMMENDS to AFP Regional Command, Armed Forces of the Philippines, to

immediately assign sufficient number of men to maintain peace and order in the
Municipality of Madalum, Lanao del Sur, and to escort and secure the safety of the
COMELEC Investigating Team during the conduct of ocular inspections and investigations.
 (2) finds Padian Torogan as ghost precinct and shall be excluded from the special
election to be conducted in Madalum.

(3) Order the Investigating Team, thru Macadatu, to immediately resume the
investigation, the remaining ghost precincts in Madalum and to submit its findings to the
Commission with dispatch, allowing it to submit partial findings if necessary. Cdpr

The Law Department of this Commission is hereby directed to implement this order.

SO ORDERED." (italics supplied) 10

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 us to
nullify the Order issued by the COMELEC, for having been issued with grave abuse of
discretion. Likewise, petitioners moved to consolidate this case with G.R. No. 134456
entitled "Sultan Sarangani, et. al vs. COMELEC, et. al" alleging that G.R. No. 134456 also
involves a COMELEC decision declaring the precinct corresponding to eight (8) barangays
in Madalum, Lanao del Sur as ghosts precincts. Cdpr

In a resolution 11 issued by this Court on January 19, 1999, we denied the motion to
consolidate, considering that G.R. No. 134456 had already been dismissed in our resolutions
of August 4, 1998 and August 18, 1998.

The basic issue to be resolved in this petition is whether or not the respondent
COMELEC committed grave abuse of discretion in declaring Padian-Torogan as ghost
precinct. 12

On a preliminary matter, though not clear, 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." To be clear,
what was necessarily contemplated by the assailed Order would be the election precinct in
the said place. cdll

It must be noted that under the Omnibus Election Code, there should be at least one
precinct per barangay. 13 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 this Court, more so, in the absence of a substantiated attack on the validity of the
same. 14 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. Under
the Local Government Code of 1991, the abolition of a local government unit (LGU) may be
done by Congress in the case of a province, city, municipality, or any other political
subdivision. 15 In the case of a barangay, except in Metropolitan Manila area and in cultural
communities, it may be done by the Sangguniang Panlalawigan or Sangguniang
Panlungsod concerned subject to the mandatory requirement of a plebiscite 16 conducted
for the purpose in the political units affected.

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. 17 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. Judicial
interference is unnecessary and uncalled for. 18 No voter is disenfranchised because no
such voter exist. The sacred right of suffrage guaranteed by the Constitution 19 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. 20

WHEREFORE, the petition is hereby DISMISSED, and the assailed Order dated June
29, 1998 of the Commission on Elections is UPHELD. No pronouncement as to costs. Cdpr

SO ORDERED.
 Davide, Jr., C.J., Bellosillo, Puno, Kapunan, Panganiban, Purisima, Gonzaga-Reyes,
Melo, Mendoza, Quisumbing and Ynares-Santiago, JJ., concur.

Vitug, J., is on official business.

Pardo, J., took no part, was Comelec Chairman at the time.