Mariño v. Commission on Elections
REITERATIONFacts
The Antecedents: Petitioners, Jaime F. Mariño and Zenaida Jamandre Nessia, filed a certiorari proceeding against the Commission on Elections (COMELEC) and the City COMELEC Registrar of La Carlota City. This case stemmed from two COMELEC resolutions on January 29, 1980; the first suspended the election scheduled for the next day, and the second, issued later the same day, reversed the suspension and ordered the City Registrar to proceed with the distribution of election paraphernalia and the holding of the election. Procedural History: The municipal election in La Carlota City proceeded on January 30, 1980. Petitioners contended that the absence of a certified voter list and the failure of election officials to prepare one in time allowed 'flying voters' to vote while disenfranchising legitimate voters. Conversely, respondents denied these claims, asserting the election was free, honest, and peaceful, with active participation from both parties and no reported untoward incidents. They presented affidavits from election committee members attesting to the election's orderliness and noted only two protests regarding specific voters. The Petition: The petition sought the indefinite postponement of the proclamation of winning candidates, the declaration of the election and its results as null and void, and the scheduling of a new election after a permanent voter list was prepared. This petition was filed on February 6, 1980, subsequent to the proclamation of the Kilusang Bagong Lipunan (KBL) candidates as winners on February 2, 1980.
Issue(s)
Whether the election held on January 30, 1980, in La Carlota City should be declared null and void due to alleged irregularities in the preparation of the voters list and the conduct of the election; and whether the petitioners are entitled to a new election.
Ruling
The petition is dismissed without prejudice to the petitioner filing a protest within ten (10) days from receipt of the decision. The decision is immediately executory.
Ratio Decidendi
On the Issue of Declaring the Election Null and Void and Ordering a New Election: The Supreme Court acknowledged that there appeared to be a lack of regularity in the preparation of the list of voters, particularly in light of the fire that destroyed the COMELEC Registrar's office and records on May 2, 1979. The Court noted that the reconstitution of the list was undertaken, and copies were distributed to parties and election committees. However, the Court also considered the respondents' assertion that the election was free, honest, and peaceful, supported by affidavits from election officials and the participation of political parties. Despite the alleged irregularities, the Court found that the election had already taken place, winners were proclaimed, and the petition was filed after the proclamation. Furthermore, the Court observed that the situation regarding the voters list must have been remedied by the May 14, 1984 elections, and with the next local elections being close, pursuing the matter further might not serve a useful purpose. Nevertheless, the Court emphasized that a respect for the constitutional right of suffrage mandates that the petitioner should be afforded the remedy of an election protest. The Court cited numerous previous decisions underscoring the importance of allowing protests to ascertain the true choice of the people. Therefore, while dismissing the petition for certiorari, the Court preserved the petitioner's right to file an election protest.
Main Doctrine
While a lack of regularity in the preparation of a voters list may be a valid ground for complaint, the Supreme Court, in the interest of justice and respect for the constitutional right of suffrage, may allow an election protest to be filed to determine the true choice of the people, especially when the alleged irregularities could have affected the outcome of the election.