Cantoria v. Commission on Elections
REITERATIONFacts
1. The Antecedents: In the July 15, 2002 election for Barangay Captain in Poblacion East, Sta. Maria, Pangasinan, Gilberto Cantoria and Ciriaco P. Lomboy were the sole candidates. Initially, Cantoria was proclaimed the winner with 233 votes against Lomboy's 231. However, an election protest filed by Lomboy led to a recount by a Revision Committee, which found Cantoria received 228 votes and Lomboy received 231 votes. 2. Procedural History: Following the recount, the Municipal Trial Court (MTC) of Santa Maria, Pangasinan, in Election Case No. 314, declared Ciriaco P. Lomboy the duly elected Barangay Captain in a Decision dated September 5, 2002. Gilberto Cantoria appealed this decision to the Commission on Elections (COMELEC), arguing that certain ballots were erroneously ruled as marked. The COMELEC, in a Resolution dated January 29, 2004, dismissed Cantoria's appeal for lack of merit and affirmed the MTC's decision. 3. The Petition: Gilberto Cantoria filed a special civil action for certiorari with the Supreme Court, seeking to annul the COMELEC's Resolution. He contended that the COMELEC gravely abused its discretion by affirming the MTC's decision. Cantoria argued that ballots containing nicknames like 'Boyet Cantoria' or 'Boy Boyet' should be credited to him, that certain ballots counted for Lomboy were invalid due to incorrect names or nicknames, and that a ballot where Lomboy's name was written in a Kagawad space should have been considered a stray vote. The Supreme Court found the petition without merit, noting that Cantoria failed to file a motion for reconsideration with the COMELEC, the proper remedy, and that the COMELEC did not commit grave abuse of discretion in its appreciation of the ballots.
Issue(s)
Whether the Commission on Elections committed grave abuse of discretion in affirming the Municipal Trial Court's Decision. Whether ballots containing nicknames or variations of names should be credited to the respective candidates, and whether the doctrine of idem sonans applies to the contested ballots. Whether a ballot with the name of a candidate written in a Kagawad space should be considered a stray vote.
Ruling
The petition is dismissed for lack of merit. The Resolution of the Commission on Elections is affirmed.
Ratio Decidendi
On the propriety of the certiorari petition: The Supreme Court reiterated that a special civil action for certiorari under Rule 65 is not a substitute for a lost or lapsed remedy of appeal. It is only allowed where there is no other plain, speedy, and adequate remedy in the ordinary course of law. In this case, the proper remedy available to the petitioner was a Motion for Reconsideration of the COMELEC's Resolution. Section 2, Rule 19 of the 1993 COMELEC Rules of Procedure mandates the filing of a motion for reconsideration within five (5) days from promulgation. Petitioner's failure to file such a motion rendered the COMELEC Resolution final and executory, as provided by Section 13(c), Rule 18 of the same Rules. Therefore, petitioner could not properly resort to a certiorari petition without first exhausting the available remedy of reconsideration, unless grave abuse of discretion amounting to lack or excess of jurisdiction was demonstrated. On the alleged errors in ballot appreciation and the application of idem sonans: The Court found no grave abuse of discretion on the part of the COMELEC in affirming the MTC's appreciation of ballots. Regarding ballots with nicknames "Boyet Cantoria" or "Boy Boyet," the MTC correctly counted them in favor of petitioner as "Boyet" was his registered nickname. Concerning ballots with "Cristo Eleiser Lomboy," the MTC disallowed them because "Cristo Eleiser" was not the first name or registered nickname of private respondent. However, ballots with "Adong Lomboy" were correctly counted in favor of private respondent under the doctrine of idem sonans, as "Adong" sounds similar to private respondent's registered nickname "Acong." The MTC also properly credited ballots with "Acong" to private respondent, as it was his registered nickname. The Court applied the doctrine of idem sonans to the ballots containing "Adong Lomboy." This doctrine provides that a name or surname incorrectly written, which when read has a sound similar to the correct name or surname of a candidate, shall be counted in favor of such candidate. The Court found that "Adong" sounds similar to "Acong," the registered nickname of private respondent, and thus the MTC's action of crediting these ballots to private respondent was proper, consistent with Section 49(g) of COMELEC Resolution No. 4846. On the alleged stray vote: The Court clarified that the MTC did not count the ballot where private respondent's name was written in the Kagawad space as a vote for Barangay Captain. Since private respondent was not a candidate for Kagawad, the MTC correctly did not credit this vote to him for the position of Barangay Captain, thereby implicitly treating it as not a valid vote for the contested position, rather than a stray vote in the context of a valid vote for another position.
Main Doctrine
A special civil action for certiorari under Rule 65 is not a substitute for a lost or lapsed remedy of appeal, and resort to it is generally allowed only where there is no other plain, speedy, and adequate remedy in the ordinary course of law. Failure to file a motion for reconsideration within the reglementary period renders a COMELEC resolution final and executory, precluding a subsequent petition for certiorari unless grave abuse of discretion amounting to lack or excess of jurisdiction is shown.