LEANDRO I. VERCELES, PETITIONERS, VS. COMMISSION ON ELECTIONS, MUNICIPAL BOARD OF CANVASSERS OF VIRAC, CATANDUANES, AND THE PROVINCIAL BOARD OF CANVASSERS OF CATANDUANES, RESPON…

In G.R. No. 105227, petitioner Leandro Verceles, candidate for
Governor of Catanduanes, seeks to annul Resolution No. 92-1485 of respondent
Commission on Elections (COMELEC) En Banc
of May 14, 1992, which enjoined the City/Municipal Board of Canvassers from
ruling on objections to election returns relating to provincial offices, for
being violative of the Omnibus Election Code and R.A. No. 7166.

In G.R. Nos. 105870-74, petitioner Benjamin Borja, Jr., candidate
for mayor of Pateros, seeks to set aside the Resolution of the COMELEC En Banc
dated June 27, 1992, which denied his appeals for exclusion of certain election
returns and directed the Municipal Board of Canvassers to complete canvass and
proclaim winners despite the pendency of disqualification proceedings against
respondent Capco, Jr.

In G.R. No. 105939, petitioner Ombawa Madum, a mayoralty
candidate in Marawi City, questions COMELEC Resolution No. 2489 of June 29,
1992, which dismissed his petition for recount of votes in 35 precincts and to
declare failure of election in four others, paving the way for the proclamation
of respondent Basman as elected mayor.

These cases are consolidated as they involve pre-proclamation
controversies, to wit: G.R. No. 105227
assailing the legality of the proceedings of the Municipal Board of Canvassers
of Catanduanes; G.R. Nos. 105870-74 for
exclusion of certain election returns of Pateros, M.M.; and, G.R. No. 105939
for the recount of votes in 35 precincts in Marawi City.

It appearing that no restraining order was issued in these cases
and the winning candidates have already been proclaimed, these pre-proclamation
issues have thereby been rendered moot and academic when the proclaimed elected
officials commenced their terms in the afternoon of June 30, 1992, pursuant to
Section 16 of R.A. 7166, which provides:

“All pre-proclamation cases pending before the Commission
shall be deemed terminated at the beginning of the term of the office involved
and the rulings of the boards of canvassers concerned shall be deemed affirmed,
without prejudice to the filing of a regular election protest by the aggrieved
party. However, proceedings may continue
when on the basis of the evidence thus far presented, the Commission determines
that the petition appears meritorious and accordingly issues an order for the
proceeding to continue or when an appropriate order has been issued by the
Supreme Court in a petition for certiorari.”

While the issue of failure of election in G.R. No. 105939 may
proceed conformably with Our ruling in Jardiel v. COMELEC and Aves,^[1]
the same must, nevertheless, be dismissed as it does not appear from the
petition that the number of votes affected by the annulment of election in four
(4) precincts would materially alter the result of the elections.

WHEREFORE, the foregoing petitions to the extent that they
involve pre-proclamation controversies are hereby dismissed without prejudice
to filing regular election protests in
accordance with Our resolution in Sarmiento v. COMELEC and other cases of the same nature and
promulgated on the same date.^[2] The running of the period of filing protests
shall be deemed suspended by the pendency of these cases.

G.R. No. 105939, insofar as the issue of failure of election is
concerned, is dismissed for lack
of merit.

Narvasa, C.J., Padilla, Bidin, Griño-Aquino, Medialdea,
Regalado, Davide, Jr., Romero, Nocon, and
Melo, JJ., concur.

Gutierrez, Jr., Cruz, and
Feliciano, JJ., on leave.

Campos, Jr., J., no part.

^[1]
G.R. No. 58575, September 21, 1983, 124 SCRA 650, 661.

^[2]
G.R. No. 105628; Alfelor v. Comelec, G.R. No. 105725; Verceles, Sr. v. Comelec, G.R. No. 105727; Typoco, Jr. v.
Comelec, G.R. No. 105730; Genova Jr. v. Comelec, G.R. No. 105771; Manliclic v.
Comelec, G.R. No. 105778; Rabat v. Comelec, G.R. No. 105797; Sinsuat v.
Comelec, G.R. No. 105919; and,
Velasco v. Comelec, G.R. No. 105977, all promulgated August 6, 1992.