BASMALA V. COMELEC AND SUMAGAYAN (POLI)

The issue of who was the duly elected mayor of Taraka, Lanao del Sur during the 10 May 2004 National and Local Elections has been RENDERED MOOT AND ACADEMIC by the expiration of the term of the contested office and the election and proclamation of a new set of municipal officers after the 14 May 2007 National and Local elections.

It is an exercise in futility indeed for the Court to still indulge in a review of records and in an academic discussion of the applicable legal principles to determine who really won because whatever judgment is reached, the same can no longer have any particular legal effect or, in the nature of things, can no longer be enforced.

Notwithstanding, the Court finds that no grave abuse of discretion tainted the assailed COMELEC resolutions as to warrant the issuance of the extraordinary writ of certiorari. Grave abuse of discretion is such capricious and whimsical exercise of judgment equivalent to lack of jurisdiction. MERE ABUSE OF DISCRETION IS NOT ENOUGH. It must be so patent and so gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act in contemplation of law.

The COMELEC in resolving the case, examined the records of the protest, the evidence submitted by the parties, and the pertinents election documents. As it is a specialized agency tasked with the supervision of elections all over the country, its findings of fact when supported by substantial evidence are FINAL, NON-REVIEWABLE, AND BINDING upon the Court.

Further, the appreciation of election documents involves a question of fact best left to the determination of the COMELEC. Let it be reiterated that the Court is not a trier of facts and it will only step in if there is a showing that the COMELEC committed grave abuse of discretion.