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G.R. No.

84843-44 January 22, 1990


NURHUSSEIN A. UTUTALUM, p!"!"onr,
#$.
%&MMISSI&N &N ELE%TI&NS an' AR(EN S. ANNI, r$pon'n!$.
)'ro *. *ua'ra +or p!"!"onr.
,r"--an!$, Na./ura, Na#arro 0 Ar."--a La1 &++".$ +or pr"#a! r$pon'n!.
2a.!$3
The 1987 Congressional elections for the Second District of Sulu was reset by the
COMELEC fro The May 11 to May !"# 1987$ During the can%ass of %otes on &une '#
(etitioner )tutalu# an election candidate# without a%ailing of %erbal ob*ections# filed written
ob*ections to the returns fro Siasi on the ground that they +a,,ear to be ta,ered with or
falsified+ owing to the +great e-cess of %otes+ by .!#9'7# a,,earing in said returns$ /e then
,rayed for the e-clusion fro the can%ass of any election returns fro Siasi$
The (o%incial 0oard of Can%assers of Sulu disissed the ob*ection for being filed out of
tie and such grounds were not included in the Section .'! of the Election Code$ Thereafter#
the ,etitioner filed with the 0oard of Can%assers his 1otice of 2,,eal fro said 3esolution to
the COMELEC see4ing to declare 5ailure of elections in Siasi and other unici,alities# to
conduct another election thereat# and to desist fro ,roclaiing any candidate ,ending final
deterination of the ,etition$
The COMELEC resol%ed that there was no failure of elections in the 1st and .nd
Districts of Sulu e-ce,t in s,ecified ,recincts in the 1st District$ On &une 1'#1987# the Sulu
(ro%incial 0oard of Can%assers ,roclaied res,ondent 2nni as the winner# too4 his oath of
office# and entered u,on the discharge of its functions in &uly 1987$ Thereafter# ,etitioner filed
his .
nd
,etition see4ing for the annulent of 3es,ondent 2nni6s ,roclaation# and for his own
,roclaation in the .
nd
district$
On 17 &anuary 1988# the COMELEC issued a 3esolution annulling the Siasi List of
8oters and ordered a new registration of %oters for the local elections of 19 5ebruary 198 which
erely yielded 1.#999 naes$ COMELEC :5irst Di%ision; denied (etitioner )tutalu<s two
(etitions for lac4 of erit$
I$$u3
=hether or not the issues raised in the COMELEC are ,ro,er sub*ect atters for ,re>
,roclaation contro%ersies?
Ru-"n43
(added %oters< list# assi%e fraud# and terroris are not aong the issues that ay be
raised in a ,re>,roclaation contro%ersy based on Sec$ .'! of the Onibus Election Code as
such being restricti%e and e-clusi%e in its a,,lication$ The ,ro,er course of action should be an
election ,rotest but otherwise# it would subse@uently disenfranchise the innocent %oters$ (re>
,roclaation contro%ersies cease and becoe oot and acadeic after the ,roclaation of the
winning candidates$ /is reedy ust be addressed to the /ouse of 3e,resentati%es Electoral
Tribunal# instead$
=/E3E5O3E# the (etition for Certiorari is DASMASSED and the assailed 3esolutions are
255A3MED$ 1o costs$

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