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    The Supreme Court granted the petition of Kamarudin Ibrahim against the Commission on Elections (COMELEC) and Rolan Buagas. Ibrahim ran for Vice Mayor but his candidacy was disqualified by COMELEC for allegedly not being a registered voter in the municipality, despite winning the election. The Court found that COMELEC en banc did not have the authority to disqualify candidates, and should have allowed Ibrahim's case to be heard by a COMELEC division. As no formal complaint was filed against Ibrahim's candidacy prior to the election, COMELEC's disqualification of him was done with grave abuse of discretion. The Court thus

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    Ibrahim vs Comelec

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    The Supreme Court granted the petition of Kamarudin Ibrahim against the Commission on Elections (COMELEC) and Rolan Buagas. Ibrahim ran for Vice Mayor but his candidacy was disqualified by COMELEC for allegedly not being a registered voter in the municipality, despite winning the election. The Court found that COMELEC en banc did not have the authority to disqualify candidates, and should have allowed Ibrahim's case to be heard by a COMELEC division. As no formal complaint was filed against Ibrahim's candidacy prior to the election, COMELEC's disqualification of him was done with grave abuse of discretion. The Court thus

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    18 views2 pages

    Ibrahim Vs Comelec

    Uploaded by

    sally dee
    The Supreme Court granted the petition of Kamarudin Ibrahim against the Commission on Elections (COMELEC) and Rolan Buagas. Ibrahim ran for Vice Mayor but his candidacy was disqualified by COMELEC for allegedly not being a registered voter in the municipality, despite winning the election. The Court found that COMELEC en banc did not have the authority to disqualify candidates, and should have allowed Ibrahim's case to be heard by a COMELEC division. As no formal complaint was filed against Ibrahim's candidacy prior to the election, COMELEC's disqualification of him was done with grave abuse of discretion. The Court thus

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    of 2

    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 Ibrahim’s
    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 Ibrahim’s 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 Ibrahim’s 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 Ibrahim’s 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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