Dizon v. Provincial Board of Canvassers of Laguna
REITERATIONFacts
The Antecedents: In the election for provincial governor of Laguna, the votes for the two leading candidates, Eulogio Benitez and Tomas Dizon, were very close. The result hinged on the returns from the first precinct of Biñan. The original return credited Benitez with 148 votes, while an amended return, later approved by the Court of First Instance, showed Benitez with 129 votes. If the original return was used, Benitez would win by nine votes; if the amended return was used, Dizon would win by ten votes. Procedural History: The provincial board of canvassers completed its tabulation on June 9, 1928, adhering to the original return. On June 11, 1928, Tomas Dizon filed a petition for mandamus to compel the election inspectors to correct the return. The Court of First Instance granted permission for the inspectors to file an amended return, which was then delivered to the provincial board. A temporary injunction was also issued against the board. On August 25, 1928, the provincial board reconvened and, despite the amended return, decided to adopt the original figures, proclaiming Benitez as governor. This led to the present petition for mandamus. The Petition: Tomas Dizon sought a writ of mandamus to compel the provincial board of canvassers of Laguna to incorporate the figures from the amended return from the first precinct of Biñan, eliminate the figures from the original return, and proclaim the results based on the amended return.
Issue(s)
Whether the provincial board of canvassers erred in not giving effect to the amended return from the first precinct of Biñan. Whether mandamus is a proper remedy to compel the provincial board of canvassers to reconvene and perform its duty regarding the amended return.
Ruling
The Court ruled in favor of the petitioner, Tomas Dizon. The provincial board of canvassers was commanded to reconvene, amend the tabulated statement by eliminating the figures from the original return and incorporating the figures from the judicially approved amended return, and then publish and certify the corrected results, which would show Tomas Dizon as the winner.
Ratio Decidendi
On the error of the provincial board of canvassers in not giving effect to the amended return: The Court held that the provincial board of canvassers erred in not giving effect to the amended return. The amended return, having been judicially approved and being of a later date than the original return, necessarily abrogated the original. The duties of a provincial board of canvassers are purely ministerial, consisting of compiling and adding up the results from the returns presented to them. They do not possess the authority to conduct an independent examination into the relative merits of two returns or to exercise discretionary power in choosing which return to consider when one has been judicially corrected. The amended return, being the legally sanctioned document, was the only one that should have been considered. The Court emphasized that the board's function is to ascertain and declare the apparent result of the election based on the returns, not to go behind them or to exercise judicial discretion. On whether mandamus is a proper remedy: The Court affirmed that mandamus is an appropriate remedy to compel the provincial board of canvassers to perform its ministerial duty. The provincial board's duty to consider the judicially approved amended return was a ministerial act. When a public official or body fails to perform a ministerial duty enjoined by law, mandamus lies to compel its performance. The Court distinguished the duties of election inspectors, who are judges of election, from those of the provincial board of canvassers, whose functions are strictly ministerial. Therefore, the writ of mandamus was correctly invoked to ensure that the board complied with its legal obligation to incorporate the amended return into the canvass and proclaim the correct results.
Main Doctrine
The provincial board of canvassers has a purely ministerial duty to consider an amended election return that has been judicially approved, and mandamus is the proper remedy to compel them to perform this duty.