Beruflich Dokumente
Kultur Dokumente
COMMISSION ON ELECTIONS
Second Division
Intramuros, Manila
DAUD N. DALID, SPR Brgy. Case No. 24 - 2014
Petitioner;
- versus - for
HON. UD!E ANNABELLE P. PIAN!, CERTIORARI AND
Public Respondent, INUNCTION
"#$% Urge&$ Prayer 'or
Iss(a&)e o' a Res$ra#&#&g
- and - Or*er a&*+ or Pre,#-#&ary
I&.(&)$#o& a&*+ or S$a$(s
/(o A&$e Or*er
NORUDIN A. PENDATUN,
Private Respondent.
x----------------------------------------x
M E M O R A N D U M
0OR PETITIONER
PETITIONER DAUD N. DALID, through the undersigned
counsel, unto this Honorable ommission, most respectfull! states,
"H#" ---
PRE0ATOR1 STATEMENT
In granting or denying injunctive relief, a court abuses
its discretion when it lacks jurisdiction, fails to consider and
make a record of the factors relevant to its determination, relies
on clearly erroneous factual findings, considers clearly
irrelevant or improper factors, clearly gives too much weight to
one factor, relies on erroneous conclusions of law or equity, or
misapplies its factual or legal conclusions. [Almeida v. Court
of Appeals, 4! "hil #4! $%&&'(), cited in Varias v.
COMELEC *En Banc, +.,. -o. .!&/, 0ebruary .., %&.&)
NATURE O0 THE PETITION a&*
STATEMENT O0 THE CASE
$% "his Pe$#$#o& is filed to correct and reverse the SPECIAL
ORDER 'or $%e Iss(a&)e o' a 2r#$ o' E3e)($#o& o'
(*g-e&$ Pe&*#&g A44ea,
1
dated Mar)% 11, 2014 of the
.
Annex A of "etition dated 1arch ./, %&.4.
Ho&ora5,e (*ge A&&a5e,,e P. P#a&g &hereinafter also called
Honorable Public Respondent' in E,e)$#o& Case No. 06-2017
8S9P:, entitled Norudin K. Pendatun (Protestant) versus
Daud N. Dalid (Protestee)(
)% E,e)$#o& Case No. 06-2017, entitled NORUDIN A.
PENDATUN (Protestant) versus DAUD N. DALID
(Protestee) for *+*"I,- PR,"*S" .as filed under the
R(,es o' Pro)e*(re #& E,e)$#o& Co&$es$s 5e'ore $%e Co(r$s
I&;o,;#&g E,e)$#;e M(&#)#4a, a&* Bara&gay O''#)#a,s 8A.M.
No. 06-4-1< SC:(
/% "he Honorable Public Respondent decided the case in favor of
Private Respondent in its appealed Or*er
2
dated March /,
)0$1% ,n the other hand, the Honorable Public Respondent
also issued the assailed SPECIAL ORDER 'or $%e Iss(a&)e o'
a 2r#$ o' E3e)($#o& Pe&*#&g A44ea,
7
and directed the
issuance of the corresponding 2rit of *xecution after the lapse
of t.ent! &)0' da!s, hence, this Instant Petition(
1% "here is no plain and speed! remed! under the ordinar! course
of la., except this Petition(
STATEMENT O0 0ACTS
3% Herein Petitioner &Protestee in the lo.er court' .as proclaimed
.inner in the said elections on ,ctober )4, )0$/ b! the
5aranga! 5oard of anvassers of 5aranga! "onggol, 6en%
S%7% Pendatun, Maguindanao, .herein he .on b! a .ide
margin of se;e&$y-&#&e 86=: ;o$es as against Private
Respondent herein &Protestant in the lo.er court', as
evidenced b! his Cer$#'#)a$e o' Ca&;ass a&* Pro),a-a$#o&
4
(
#. #n *lection Protest case .as filed b! Protestant &herein Private
Respondent' relative to the said 5aranga! *lections on
-ovember 8, )0$/, alleging, primaril! that In those three
precincts Fifty Nine (59) unofficial ballots were dropped on the ballot
boxes, ixty Ei!ht ("#) official ballots for the $rotestant were
excluded fro% the countin!&
'
' and that herein Private
Respondent pra!ed that after notice and hearin!, and (udicial
recount of ballots, (ud!%ent be rendered settin! aside the
procla%ation of protestee )atu &sic' N* )alid &herein Petitioner' by
the Baran!ay Board of +an,assers of Baran!ay -on!!ol, .en* */*
$endatun, 0a!uindanao&9 &underscoring ours', per cop! of
Pr#;a$e Res4o&*e&$>s 8as Pro$es$a&$ $%ere#&: E,e)$#o&
Pro$es$
?
(
%
upra* Annex I.
2
upra* Annex A.
4
upra* Annex B.
'
upra* Annex C. Pararap! " of the 3lection "rotest.
#
upra*
%
8% Petitioner &Protestee in the lo.er court' belied the allegations of
Private Respondent in his A&s"er dated -ovember $3, )0$/,
and even asserted that it .as, as a matter of fact, the Private
Respondent herein, .ho caused to insert the :unofficial9 ballots
into the 5allot 5ox of one of the contested precincts, C,(s$ere*
Pre)#&)$ Nos. 61A+ 61B@
4% Petitioner additionall! asserted in his A&s"er
6
dated -ovember
$3, )0$/, among others, that ---
a% During the election, Petitioner;s .atchers assigned in
C,(s$ere* Pre)#&)$ No. 61A+ 61B noticed that the 55*"
hairman did not sign his name at the bac< of the ,fficial
5allots .henever he issued the same to the voters, and
also he tore the ,fficial 5allots in such a .a! that the
serial numbers .ere torn from the ,fficial 5allots%
Petitioner;s .atchers complained to the 55*" hairman,
but he brushed them aside and did not mind them(
b% Petitioner;s .atchers .ere forced to complain to *lection
,fficer Ra('*e& Ma&ge,e&, .ho later confronted the
55*" hairman, .ho merel! said that he :forgot9 to sign
the bac< of ,fficial 5allots and to exclude the serial
numbers .hen tearing the ,fficial 5allots(
c% (It would be worth mentioning at this point that S.K.
Pendatuan, Maguindanao was considered a CM!"!C
#hot spot$ and that personnel %rom the Philippine &ational
Police (P&P' were assigned to serve as Poll Cler(s and
)hird Members during the *aranga+ !lections, as
teachers were a%raid to serve as **!) members'(
d% During the counting and appreciation of ballots, .hich
.as done at the Municipal Hall of S%7% Pendatun,
Maguindanao, since the said Municipal Hall .as po.ered
onl! b! a generator, there .as a sudden complete po.er
failure at around 8 to 4 pm of ,ctober )4, )0$/(
e% 2hen the lights .ent off, the 55*" chairman sat on top of
the 5allot 5ox, but he deliberatel! left a portion of the
5allot box open% Suddenl!, Protestant;s &Private
Respondent herein' supporters came to.ards the 5allot
box and put some papers therein% # .atcher from
another rival candidate sa. the act of Protestant;s
supporters and shouted :Nahulugan ng alota (The!
inserted allots") &in Maguindanaon'=9 *ver!bod! .as
alerted and immediatel! the supporters scampered a.a!%
Protestee;s &Petitioner herein' .atchers demanded to
/
upra* Annex #.
2
suspend the counting until the *lection ,fficer, Ra('*e&
Ma&ge,e&, .as summoned(
f% Protestee;s &Petitioner herein' .atchers immediatel!
called upon EO Ra('*e& Ma&ge,e&, .ho .ent at once to
the canvassing area and confronted the 55*"% "he!
confirmed that there .ere unidentified persons .ho
inserted several :unofficial ballots9 inside the 5allot box
.hen the lights .ent off(
g% *, Mangelen as<ed the P-P 55*" if the! .ould
recogni>e the inserted :unofficial ballots9, and the!
ans.ered :?es9, since the :unofficial ballots9 .ere folded
together in one piece and it .as eas! to identif! them
from the rest of the ballots(
h% *, Mangelen directed the P-P 55*" to dra. the
inserted :unofficial ballots9, .hich the! could easil!
identif! and to separate the inserted :unofficial ballots9,
but the! managed to pull out onl! about @/ ballots, and
put them in a separate folder &to be put inside the 5allot
box later' and to be excluded from counting% Ho.ever,
not all of the inserted :unofficial ballots9 .ere ta<en out%
&#t this point, since there .as a commotion, ever!one,
even from other precincts, .as alread! s.arming around
the 55*" and the *lection ,fficer, curiousl! observing
the turn-out of the discussion'(
i% 2hen the 55*" dre. out the inserted :unofficial ballots9
totaling s#3$y-$%ree 8?7: 5a,,o$s from the 5allot 5ox of
lustered Precinct -o% 8$#A 8$5, Protestee;s &herein
Petitioner' .atchers noticed that the entries in the
inserted :unofficial ballots9 .ere .ritten b! onl! one
person and the name .ritten therein .as that of
Protestant &Private Respondent herein' Nor(*#& A.
Pe&*a$(& and three &/' of his <aga.ads (
B% "he counting .as recommenced after removing the
inserted :unofficial ballots9, and that .hen the 55*"
finished .ith the counting, Protestee;s &Petitioner herein'
.atchers again noticed that there .ere still inserted
ballots that .ere included in the counting and .ere not
separated as directed b! the *lection ,fficer(
<% "his is because the total voters .ho actuall! voted in
lustered Precinct -o% 8$#A 8$5 .as onl! 2=7 ;o$ers,
but .hen the 55*" hairman totaled the ballots he
counted, the total .as 777 ;o$es or an excess of 'or$y
840: ;o$es. Said 55*" chairman hence .rote the
number of voters of /// votes in the *lection Returns(
4
l% Protestee;s &Petitioner herein' .atchers again complained
to *, Raufden Mangelen about the excess of 10 votes in
lustered Pre)#&)$ No. 61A+ 61B, and assailed the same
as among those previousl! inserted b! Protestant;s
&Private Respondent herein' supporters% Ho.ever, *,
Mangelen said that even if the 10 votes .ere included
&presumabl! bearing Private Respondent;s name',
Protestee &Petitioner herein' .ould still lead the overall
tall! in the three &/' clustered precincts b! 6= ;o$es%
Hence, *, Mangelen said that the canvassing
proceedings must be finished and that the .inning
candidate must be proclaimed(
m% In the end, even if there .ere about fort! &10' inserted
and spurious ballots bearing the name of Protestant
&Private Respondent herein' and counted in his favor, still
it .as Protestee &Petitioner herein' .ho .on and .as
proclaimed as dul!-elected Punong 5aranga! of "unggol,
S%7% Pendatun, Maguindanao(
n% EO Ra('*e& Ma&ge,e& prepared his Narra$#;e Re4or$
A
detailing the said incident, among others, involving the
insertion of ballots in lustered Precinct -o% 08$#A 08$5(
C% It .ould be Duite preposterous if it .ould be Petitioner
&Protestee in the lo.er court' herein .ho .ould cause to
:insert9 genuine ballots bearing the name of his opponent,
Private Respondent herein% "his .ould either simpl! be
suicidal or .ould border the lines of insanit!% In other .ords,
$%a$ Pe$#$#o&er "o(,* &o$ %a;e a&y -o$#;e $o #&ser$ 5a,,o$s
5ear#&g %#s o44o&e&$>s 8Pr#;a$e Res4o&*e&$ %ere#&: &a-e
#&s#*e $%e Ba,,o$ Bo3, es4e)#a,,y #' %e 8Pe$#$#o&er: #s ,ea*#&g
$%e )o(&$#&g, s%o(,* 5e o($ o' $%e B(es$#o&(
$0% "he *lection Protest .as then set for Preliminar!
onference and the parties herein .ere directed b! the
Honorable Public Respondent to submit their respective
Preliminar! onference 5riefs(
$$% During the Preliminar! onference, the Honorable Public
Respondent noted that Petitioner;s &Protestee in the lo.er
court' counsel did not include in his Preliminar! onference
5rief, the :procedure to be follo.ed9 in case the election protest
or counter-protest see<s the examination, verification or re-
tabulation of election returns, .hich is reDuired under R(,e =,
Se). 4 8A: of A.M. No. 06-4-1< SC &hereinafter :the Rules of
Procedure9'% "he Honorable Public Respondent then directed
Petitioner &Protestee in the lo.er court' to file his Eustification
on the same da!(