CASE 2013-0007: MAYOR EMMANUEL L. MALIKSI VS. COMMISSION ON ELECTIONS (G.R. NO. 203302, 11 APRIL 2013, BERSAMIN, J.) SUBJECT/S: MOTION FOR RECONSIDERATION (BRIEF TITLE: MALIKSI VS. COMELEC)
DISPOSITIVE:
“WHEREFORE, the Court PARTIALLY GRANTS the Extremely Urgent Motion for Reconsideration of petitioner Emmanuel Maliksi; REVERSES the Court’s decision promulgated on March 12, 2013; and DIRECTS the Commission on Elections En Bane to conduct proceedings for the decryption of the picture images of the ballots involved in the protest after due authentication, and for the recount of ballots by using the printouts of the ballot images, with notice to and in the presence of the parties or their representatives in accordance with the procedure laid down by Rule 15 of COMELEC Resolution No. 8804, as amended by Resolution No. 9164.
No pronouncement on costs of suit.
SO ORDERED.”
SUBJECT/DOCTRINES:
“We are mindful of the urgent need to speedily resolve the election protest because the term of the position involved is about to end. Thus, we overlook pro hac vice the lack of factual basis for the COMELEC’s decision to use the digital images of the ballots and sustain its decision thereon. Although a remand of the election protest to the RTC would have been the appropriate procedure, we direct the COMELEC En Banc instead to conduct the decryption and printing of the digital images of the ballots and to hold recount proceedings, with due notice to all the parties and opportunity for them to be present and to participate during such proceedings. Nothing less serves the ideal objective safeguarded by the Constitution.
In the absence of particular rules to govern its proceedings in accordance with this disposition, the COMELEC is urged to follow and observe Rule 15 of COMELEC Resolution No. 8804, as amended by COMELEC Resolution No. 9164.
The Court, by this resolution, does not intend to validate the victory of any of the parties in the 2010 Elections. That is not the concern of the Court as yet. The Court simply does not want to countenance a denial of the fundamental right to due process, a cornerstone of our legal system.11 After all, it is the Court’s primary duty to protect the basic rights of the people visà-vis government actions. . . .”
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