Salcedo v. Commission on Elections
REITERATIONFacts
The Antecedents: The municipality of Bansud, Oriental Mindoro, was newly created by Republic Act No. 2514, approved on June 21, 1959. The first election for its municipal offices, including mayor, was scheduled for November 10, 1959. Filemon Salcedo Jr. and Leon Mampusti were among the candidates for mayor. Procedural History: The Provincial Board of Oriental Mindoro, acting as the municipal board of canvassers, proclaimed Salcedo as mayor-elect with a plurality of seventy-nine (79) votes. Mampusti questioned the validity of this proclamation, arguing that the canvass should have been conducted by the municipal council, not the provincial board. Mampusti filed a petition with the Commission on Elections (COMELEC) praying for the annulment of the canvass and proclamation. The Petition: The COMELEC, after hearing, issued a resolution on December 3, 1959, annulling the canvass and proclamation, ordering the municipal board of canvassers to reconvene and proclaim the winning candidates, and directing the provincial board to deliver all election returns to the municipal treasurer. Salcedo, Jr. filed a petition for certiorari with preliminary injunction before the Supreme Court, arguing that the COMELEC had no power to annul the proclamation made by the Provincial Board, as its authority was merely administrative. The Supreme Court granted due course and issued a writ of preliminary injunction.
Issue(s)
Whether the Provincial Board of Oriental Mindoro erred in acting as the municipal board of canvassers for the first election in the newly created municipality of Bansud. Whether the members of the Provincial Board of Oriental Mindoro were disqualified from acting as a board of canvassers. Whether the Commission on Elections acted with grave abuse of discretion in annulling the canvass and proclamation made by the Provincial Board of Oriental Mindoro.
Ruling
The petition is dismissed, and the injunction issued by the Supreme Court is dissolved. Costs are against the petitioner.
Ratio Decidendi
On the issue of the Provincial Board acting as municipal board of canvassers: The Supreme Court held that the Provincial Board of Oriental Mindoro erroneously acted as the municipal board of canvassers for the new municipality. While Section 167(b) of the Revised Election Code provides that for the first election in a new municipality, the provincial board shall act as the board of canvassers, this provision must be interpreted in conjunction with Section 10 of the same Code. Section 10 states that in the absence of a municipal or city council, the provincial board shall perform the duties of the former. Therefore, the provincial board can only assume the functions of a municipal board of canvassers if the municipal council has not yet been constituted. In this case, a municipal council already existed when the provincial board acted, making its actions improper. On the disqualification of the Provincial Board members: The Court affirmed that the members of the Provincial Board of Oriental Mindoro were disqualified to act as a board of canvassers. This is based on Section 28 of the Revised Election Code, which explicitly states that any member of the provincial board who is a candidate for an elective office is incompetent to act in said board in connection with election duties. The records showed that the members of the Provincial Board were all candidates for reelection, thus falling under this disqualification. On the Commission on Elections' authority to annul the canvass and proclamation: The Supreme Court found that the Commission on Elections acted properly in nullifying the canvass and proclamation made by the Provincial Board of Oriental Mindoro. This was not only due to the erroneous assumption of duties by the provincial board and the disqualification of its members but also because the board failed to include the election return for Precinct No. 5 in its canvass, which contravened the law and the instructions given by the COMELEC. The Court cited previous rulings in Mintu, et al. vs. Enage, et al. and Abandante vs. Relato to support its position on the COMELEC's power to nullify proclamations made on incomplete returns.
Main Doctrine
The Provincial Board can only act as a municipal board of canvassers for the first election in a new municipality if the municipal council has not yet been constituted. If a municipal council already exists, it should perform the canvassing duties. Furthermore, members of the Provincial Board who are candidates for reelection are disqualified from acting as a board of canvassers.