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    G.R. No. 135927 June 26, 2000

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    Min Capili Elardo
    The Commission on Elections (COMELEC) declared Padian-Torogan precinct in Madalum, Lanao del Sur as a "ghost precinct" based on an investigation that found the area was uninhabited with no public or private buildings. The incumbent mayor of Madalum challenged this finding, arguing it was an attempt to diminish his bailiwick. However, the Supreme Court upheld the COMELEC's declaration, noting that factual findings of the COMELEC based on evidence are usually conclusive, and in this case the COMELEC verified there were no inhabitants in Padian-Torogan.

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    G.R. No. 135927 June 26, 2000

    Uploaded by

    Min Capili Elardo
    97 views1 page
    The Commission on Elections (COMELEC) declared Padian-Torogan precinct in Madalum, Lanao del Sur as a "ghost precinct" based on an investigation that found the area was uninhabited with no public or private buildings. The incumbent mayor of Madalum challenged this finding, arguing it was an attempt to diminish his bailiwick. However, the Supreme Court upheld the COMELEC's declaration, noting that factual findings of the COMELEC based on evidence are usually conclusive, and in this case the COMELEC verified there were no inhabitants in Padian-Torogan.

    Original Description:

    DIGEST - Sarangani v. COMELEC, G.R. No. 135927, June 26, 2000

    Original Title

    G.R. No. 135927              June 26, 2000

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    The Commission on Elections (COMELEC) declared Padian-Torogan precinct in Madalum, Lanao del Sur as a "ghost precinct" based on an investigation that found the area was uninhabited with no public or private buildings. The incumbent mayor of Madalum challenged this finding, arguing it was an attempt to diminish his bailiwick. However, the Supreme Court upheld the COMELEC's declaration, noting that factual findings of the COMELEC based on evidence are usually conclusive, and in this case the COMELEC verified there were no inhabitants in Padian-Torogan.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    97 views1 page

    G.R. No. 135927 June 26, 2000

    Uploaded by

    Min Capili Elardo
    The Commission on Elections (COMELEC) declared Padian-Torogan precinct in Madalum, Lanao del Sur as a "ghost precinct" based on an investigation that found the area was uninhabited with no public or private buildings. The incumbent mayor of Madalum challenged this finding, arguing it was an attempt to diminish his bailiwick. However, the Supreme Court upheld the COMELEC's declaration, noting that factual findings of the COMELEC based on evidence are usually conclusive, and in this case the COMELEC verified there were no inhabitants in Padian-Torogan.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    of 1

    G.R. No.

    135927              June 26, 2000

    SULTAN USMAN SARANGANI, SORAIDA M. SARANGANI and HADJI NOR HASSAN, petitioners,
    vs.
    COMMISSION ON ELECTIONS and HADJI ABOLAIS R. OMAR, MANAN OSOP and ATTY. NASIB
    D. YASSIN, respondents.

    FACTS:
    On September 15, 1997, a petition for annulment of several precincts and annulment of book of voters in
    Madalum, Lanao Del Sur was filed with the COMELEC by, among others, Hadji Oblais R. Omar thru counsel
    Atty. Nasib D. Yasin, herein private respondents. Among the precincts sought to be annulled was Padian
    Torogan, subject matter of the present petition for certiorari.
    On October 31, 1997, the incumbent mayor of Madalum, Lanao Del Sur, Usman T. Sarangani, herein
    petitioner, together with other oppositors who were allegedly barangay chairmen of the twenty three (23)
    barangays the "Books of Voters" and precincts of which were sought to be annulled and abolished,
    respectively, filed an "Answer in Opposition" which included the affidavits of the barangay chairmen of
    the affected precincts attesting to the fact that the move to annul the book of voters and abolish the
    questioned election precincts were for the purpose of diminishing the bailiwicks of the incumbent mayor
    of Madalum, Lanao del Sur.

    After hearing and submission of formal offer of exhibits and memoranda by the parties, the COMELEC
    created a TASK FORCE INVESTIGATION TEAM by virtue of a memorandum dated June 13, 1998
    directing Election Officers Casan Macadato, Sacrain Guro and Anuar Datudacula "to conduct ocular
    inspection on the alleged twelve (12) ghost barangays in the Municipality of Madalum, Lanao Del Sur."

    Election Officer Casan Macadato submitted to the Provincial Election Supervisor of COMELEC in Marawi
    City its 1st Indorsement dated June 19, 1998 reporting the results of the ocular inspection that Padian
    Torogan and Rakutan were uninhabited.
    On June 29, 1998, the COMELEC issued the assailed Order finding "PADIAN TOROGAN AS GHOST
    PRECINCT."
    ISSUE:

    Whether or not the respondent COMELEC committed grave abuse of discretion in declaring Padian-
    Torogan as ghost precinct.

    RULING:
    It must be noted that under the Omnibus Election Code, there should be at least one precinct per
    barangay. In designating election precincts, the COMELEC usually refers to them by number.
    Nevertheless, the determination of whether a certain election precinct actually exists or not and whether
    the voters registered in said precinct are real voters is a factual matter. On such issue, it is a time-
    honored precept that factual findings of the COMELEC based on its own assessments and duly supported
    by evidence, are conclusive upon this Court, more so, in the absence of a substantiated attack on the
    validity of the same. Upon review of the records, the Court finds that the COMELEC had exerted efforts
    to investigate the facts and verified that there were no public or private buildings in the said place, hence
    its conclusion that there were no inhabitants. If there were no inhabitants, a fortiori, there can be no
    registered voters, or the registered voters may have left the place.

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