Facts:
This is a petition for certiorari and prohibition with a prayer for the issuance of a writ of preliminary injunction or temporary restraining order to nullify the Orders of the Commission on Elections (COMELEC for brevity) en banc dated January 2, 2002 and February 19, 2002 in SPA Nos. 01454 and 01455 (ARMM). The January 2, 2002 Order directed the Provincial Board of Canvassers not to proclaim the winning candidates for regional assemblyman in the 2nd District of Lanao del Sur, while the February 19, 2002 Order denied the motion to dismiss SPA Nos. 01454 and 01455 (ARMM).
There was a petition to declare a failure of election in Lumbatan and in the 5 municipalities of Madalum, Madamba, Sultan Gumander, Bacolod Kalawi, and Bayang of the province of Lanao del Sur because of massive substitute voting in these 5 municipalities. Petitioner Tamano claimed that in almost all of the precincts in these 5 municipalities, either petitioner Saaddudin M. Alauya, Jr. (Alauya for brevity) or private respondent Usman T. Sarangani (Sarangani for brevity) obtained 100% of the votes such that their votes equalled the total number of registered voters. Tamano prayed for the suspension of proclamation of the winning candidates. Alauya filed his Answer with Motion to Dismiss. Sarangani filed his Answer and Opposition to the Suspension of Proclamation.
The special elections in Lumbatan proceeded as scheduled on January 7, 2002. The Provincial Board of Canvassers canvassed the election returns. The results of the canvass of Lumbatan and of the other 20 municipalities showed Menor as the No. 1 winning candidate followed by Sarangani in the No. 2 spot and Alauya in the No. 3 spot, The COMELEC en banc issued the order directing the Provincial Board of Canvassers NOT to proclaim the alleged or supposed winners and to continue and complete the canvass of election results in the Second District of Lanao del Sur.
Alauya filed a Motion to Lift Suspension of Proclamation with the COMELEC. Alauaya subsequently ffiled a TRO with SC. the Court issued a temporary restraining order directing the COMELEC to CEASE and DESIST from implementing the order of January 7, 2002 in SPA No. 01454 and SPA No. 01455 which suspended the proclamation insofar only as the petitioner (Alauya) is concerned. Based on the restraining order of the Court, the Provincial Board of Canvassers proclaimed Alauya who took his oath and has already assumed the position of Regional Assemblyman of the Regional Legislative Assembly of the ARMM.
Meanwhile, Sarangani filed his comment joining Alauya in his petition praying for the setting aside of the subject COMELEC orders. Specifically, Sarangani prays that the order suspending proclamation be extended to him so he may also take his oath and assume office as regional assembly member.
Issue:
WON the Order dated January 7, 2002 was issued in violation of due process of law.
Held:
Alauya claims that the COMELEC did not notify him of any hearing conducted prior to the issuance of the order dated January 7, 2002 in violation of Section 242[1] which requires notice and hearing prior to the suspension of proclamation.
A party cannot successfully invoke deprivation of due process if he was accorded the opportunity of a hearing, through either oral arguments or pleadings.There is no denial of due process when a party is given an opportunity through his pleadings.
We find no breach of Alauyas right to due process. Contrary to Alauyas claim, it appears that notices dated December 21, 2001 were given to all concerned parties requiring them to file their answer to the petition and setting the case for hearing on January 4, 2002. In an Order dated January 4, 2002, the COMELEC noted that Alauya did not appear during the hearing. Subsequently, Alauya filed his Answer with Motion to Dismiss to the petitions. Verily, Alauya was given an opportunity to be heard during the hearing held on January 4, 2002 which he failed to attend and was in fact heard through the pleadings he filed with the COMELEC.
Wherefore, the petition is DISMISSED.
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