Salic v. Commission on Elections
REITERATIONFacts
The Antecedents: In the 2001 local elections for Butig, Lanao del Sur, two Municipal Boards of Canvassers (MBCs), composed of different members, issued conflicting proclamations of winning candidates. The core of the dispute lies in the legitimacy of the MBC members and the validity of the election returns canvassed. Specifically, the composition of the MBC was contested, with disagreement over whether Catambac Mimbantas or Ismael Magarang was the lawful Third Member. This dispute led to two separate Certificates of Canvass and Proclamation (COCs): one proclaiming Rasmia Romato Salic as mayor and Pauli Dimnatang Ditual as vice-mayor, and another proclaiming Dimnatang L. Pansar as mayor. Further complicating matters, the validity of certain election returns from four precincts was challenged due to alleged falsification and varying serial numbers on their pages. Procedural History: The conflicting proclamations and disputed election returns prompted several petitions before the Commission on Elections (COMELEC). Rasmia Romato Salic filed a petition seeking to nullify the proclamation of Dimnatang L. Pansar. Conversely, Dimnatang L. Pansar challenged the proclamation of Salic. The COMELEC, through its Second Division, issued a resolution nullifying the proclamation of Salic and Ditual, deeming the MBC that proclaimed them a "sham." Simultaneously, it annulled the proclamation of Pansar, citing the exclusion of election returns from three precincts due to serial number discrepancies. The COMELEC en banc affirmed this resolution. Pauli Dimnatang Ditual also filed her own petition, arguing she was not properly summoned in the proceedings that led to the nullification of her proclamation. Both Salic and Ditual subsequently filed separate petitions for certiorari with the Supreme Court, which were then consolidated. The Petition: These consolidated petitions for certiorari seek to annul the resolutions of the COMELEC, arguing grave abuse of discretion. Rasmia Romato Salic contends that the COMELEC erred in annulling her proclamation, ordering a recount in excluded precincts, and failing to exclude returns from Precincts No. 11A/12A. Pauli Dimnatang Ditual argues that the COMELEC lacked jurisdiction over her person and violated her due process rights by nullifying her proclamation without proper summons. Both petitioners seek to set aside the COMELEC's decision. The Supreme Court examined the qualifications of the MBC members, the validity of the election returns, and the procedural due process afforded to the parties. The Court ultimately dismissed the petitions, affirming the COMELEC's resolutions with a modification to include a recanvass for the vice-mayoralty position from all forty precincts.
Issue(s)
Whether the COMELEC committed grave abuse of discretion amounting to lack of jurisdiction in annulling Salic's proclamation as mayor and in ordering the recount of ballots in the three excluded precincts. Whether the COMELEC committed grave abuse of discretion in failing to exclude the returns from Precincts No. 11A/12A. Whether the COMELEC had jurisdiction to annul Ditual's proclamation as vice-mayor, considering she was not properly summoned; and the legality of the vice-mayoralty canvass. On the procedure for handling excluded returns.
Ruling
The consolidated petitions are DISMISSED. The assailed COMELEC Resolutions are AFFIRMED with the MODIFICATION that the newly-constituted Municipal Board of Canvassers of Butig, Lanao del Sur, is ordered to conduct also a recanvass of the election returns from all the forty (40) precincts of the Municipality with respect to the position of vice-mayor, complete the same and the canvass of the returns for the position of mayor, and proclaim the duly elected mayor and vice-mayor of Butig, Lanao del Sur, within five (5) days from receipt hereof.
Ratio Decidendi
On the legality of the Macabayao-Mimbantas MBC and Salic's proclamation; and On the exclusion of returns from Precincts No. 1A/2A, 7A/8A, and 9A/10A: The Court affirmed the COMELEC's finding that Catambac Mimbantas was not qualified to be a member of the Municipal Board of Canvassers (MBC) as she was an ordinary elementary public school teacher, not a principal as required by Section 20(c) of Republic Act No. 6646. Her designation was therefore null and void. Consequently, the Certificate of Canvass and Proclamation (COC) signed by the Macabayao-Mimbantas board, which proclaimed Salic as mayor, was also void. The Court noted that the Statement of Votes (SOV) signed by this board contained erasures and tampering, further invalidating its findings. The Court found no grave abuse of discretion on the part of the COMELEC in this regard. The Court upheld the COMELEC's decision to exclude the election returns from Precincts No. 1A/2A, 7A/8A, and 9A/10A. This exclusion was based on the finding that the individual pages of the returns for each precinct bore varying serial numbers, which contravenes Section 212 of the Omnibus Election Code. This provision mandates the exclusion of such returns unless the COMELEC orders otherwise in writing, stating the reason for the variance. The COMELEC correctly presumed these returns to be manufactured due to the lack of explanation for the serial number discrepancies. The Court found no error in the COMELEC's ruling that these returns should not have been canvassed. On the exclusion of returns from Precincts No. 11A/12A: The Court disagreed with Salic and the Solicitor General's contention that the return from Precincts No. 11A/12A should also be excluded. Salic's claim of alleged participation of the Board of Election Inspectors (BEI) in illegal substitute voting was based on unauthenticated certifications, which lacked evidentiary value as they were not public documents. The Court reiterated that for exclusion based on BEI irregularities, there must be "unrebutted clear and convincing evidence" that the inspectors actively participated in fraud, which was not sufficiently established in this case. Therefore, the COMELEC did not commit grave abuse of discretion in including this return. On Ditual's claim of lack of jurisdiction; and On the vice-mayoralty canvass: The Court ruled that while Ditual was not initially summoned in the intervention petition, she subsequently submitted herself to the COMELEC's jurisdiction by filing a "Motion With Leave of Court (sic) To Admit Answer on the Petition for Intervention." This act, regardless of her stated "panic," evinced a clear intention to participate in the proceedings, estopping her from later claiming lack of jurisdiction. Furthermore, her proclamation was based on the Macabayao-Mimbantas board, which was declared void ab initio, thus rendering her claim to the office unsustainable. The Court noted the anomaly where the Palawan-Magarang board did not proclaim a vice-mayor and even crossed out entries for vice-mayoral candidates in its Statement of Votes. It found this indicative of an intent to frustrate the electorate's will. Therefore, the Court modified the COMELEC's resolution to order the newly constituted MBC to also recanvass the election returns for the position of vice-mayor from all forty precincts to determine the rightful winner. On the procedure for handling excluded returns: The Court affirmed the COMELEC's directive to constitute a new MBC composed of COMELEC lawyers to conduct a new canvass. It further supported the use of ballot box copies of the returns from the contested precincts and, if necessary, a recount of ballots, as provided for in Section 235 of the Omnibus Election Code. This procedure is applicable even when returns have varying serial numbers, as such returns may be considered unauthentic. The Court emphasized that the silence of Section 212 on this specific scenario does not mean voters should be disenfranchised.
Main Doctrine
The composition of the Municipal Board of Canvassers must strictly adhere to statutory qualifications. Proclamations made by illegally constituted boards are void ab initio. Discrepancies in the serial numbers of election returns, as mandated by Section 212 of the Omnibus Election Code, warrant their exclusion from the canvass, and the COMELEC may order the use of ballot box copies or a recount to determine the true results.