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    Ututalum V COMELEC

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    Mir Solaiman
    Ututalum v COMELEC involved a petition by Ututalum to nullify the proclamation of Anni as the winner of the 2nd congressional district of Sulu after the election returns from Siasi were excluded due to annulled voter lists. The Commission on Elections ruled it did not have jurisdiction to decide the case since Anni was already proclaimed and the issues raised were grounds for an election protest rather than a pre-proclamation controversy.

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    Ututalum V COMELEC

    Uploaded by

    Mir Solaiman
    10 views1 page
    Ututalum v COMELEC involved a petition by Ututalum to nullify the proclamation of Anni as the winner of the 2nd congressional district of Sulu after the election returns from Siasi were excluded due to annulled voter lists. The Commission on Elections ruled it did not have jurisdiction to decide the case since Anni was already proclaimed and the issues raised were grounds for an election protest rather than a pre-proclamation controversy.

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    Election case

    Original Title

    9. Ututalum v COMELEC

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    Ututalum v COMELEC involved a petition by Ututalum to nullify the proclamation of Anni as the winner of the 2nd congressional district of Sulu after the election returns from Siasi were excluded due to annulled voter lists. The Commission on Elections ruled it did not have jurisdiction to decide the case since Anni was already proclaimed and the issues raised were grounds for an election protest rather than a pre-proclamation controversy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    10 views1 page

    Ututalum V COMELEC

    Uploaded by

    Mir Solaiman
    Ututalum v COMELEC involved a petition by Ututalum to nullify the proclamation of Anni as the winner of the 2nd congressional district of Sulu after the election returns from Siasi were excluded due to annulled voter lists. The Commission on Elections ruled it did not have jurisdiction to decide the case since Anni was already proclaimed and the issues raised were grounds for an election protest rather than a pre-proclamation controversy.

    Copyright:

    © All Rights Reserved
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    Ututalum v COMELEC

    Facts: Ututalum is competing against Anni for the 2nd congressional district of Sulu. Former got
    482 votes, while the latter 35,581 in the election returns from Siasi. If the returns of Siasi were
    excluded, Petitioner Ututalum would have a lead of 5,301 votes. The list of voters from Siasi were
    annulled at the petition of a candidate for Governeor of Sulu, and not by Utatalum. Anni was
    subsequently proclaimed. Petitioner sought to declare a failure of elections and to nullify the
    proclamation of Anni, to have him proclaimed instead.

    Issue: WON the case falls within the power of the COMELEC to decide upon

    Held: No, since Anni was already proclaimed, the jurisdiction of the COMELEC has already
    ceased. Petitioner’s remedy is with the HRET. Moreover, the padded voters' list, massive fraud, and
    terrorism are clearly not among the issues that may be raised in a pre-proclamation controversy. They
    are proper grounds for an election protest.

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