CASE DIGEST : LAGUMBAY VS COMELEC

G.R. No. L-25444             January 31, 1966

WENCESLAO RANCAP LAGUMBAY, petitioner, 

vs.

THE COMMISSION ON ELECTIONS and CESAR CLIMACO, respondents.

FACTS : This petition prays for revision of an order of the Commission on Elections declining to reject the returns of certain precincts of some municipalities in Mindanao. The Constitution provides for review by this Court of the rulings of the said Commission.

The matter being urgent, and having reached the conclusion that the returns of certain questioned precincts were "obviously manufactured" within the meaning of pertinent jurisprudence, particularly Mitchell v. Stevens,1 we issued on December 24, 1965, a short resolution upholding the Commission's power and duty to reject the returns of about fifty precincts. It appearing therein that — contrary to all statistical probabilities — in the first set, in each precinct the number of registered voters equalled the number of ballots and the number of votes reportedly cast and tallied for each and every candidate of the Liberal Party, the party in power; whereas, all the candidates of the Nacionalista Party got exactly zero; and in the second set, — again contrary to all statistical probabilities — all the reported votes were for candidates of the Liberal Party, all of whom were credited with exactly the same number of votes in each precinct, ranging from 240 in one precinct to 650 in another precinct; whereas, all the candidates of the Nacionalista Party were given exactly zero in all said precincts.

ISSUE WON FRAUD WAS COMMITED IN THE ELECTION

HELD : The same ratio decidendi applies to the situation in the precincts herein mentioned. These returns were obviously false or fabricated — prima facie. Let us take for example, precinct No. 3 of Andong, Lanao del Sur. There were 648 registered voters. According to such return all the eight candidates of the Liberal Party got 648 each,3 and the eight Nacionalista candidates got exactly zero. We hold such return to be evidently fraudulent or false because of the inherent improbability of such a result — against statistical probabilities — specially because at least one vote should have been received by the Nacionalista candidates, i.e., the vote of the Nacionalista inspector. It is, of course, "possible" that such inspector did not like his party's senatorial line-up; but it is not probable that he disliked all of such candidates, and it is not likely that he favored all the eight candidates of the Liberal Party. Therefore, most probably, he was made to sign an obviously false return, or else he betrayed his party, in which case, the election therein — if any — was no more than a barefaced fraud and a brazen contempt of the popular polls.

Of course we agree that frauds in the holding of the election should be handled — and finally settled — by the corresponding courts or electoral tribunals. That is the general rule, where testimonial or documentary evidence, is necessary; but where the fraud is so palpable from the return itself (res ipsa loquitur — the thing speaks for itself), there is no reason to accept it and give it prima facie value.

At any rate, fraud or no fraud, the verdict in these fifty precincts may ultimately be ascertained before the Senate Electoral Tribunal.4 All we hold now, is that the returns show "prima facie" that they do not reflect true and valid reports of regular voting. The contrary may be shown by candidate Climaco — in the corresponding election protest.

The well-known delay in the adjudication of election protests often gave the successful contestant a mere pyrrhic victory, i.e., a vindication when the term of office is about to expire, or has expired. And so the notion has spread among candidates for public office that the "important thing" is the proclamation; and to win it, they or their partisans have tolerated or abetted the tampering or the "manufacture" of election returns just to get the proclamation, and then let the victimized candidate to file the protest, and spend his money to work for an empty triumph.

It is generally admitted that the practice has prevailed in all previous elections. Never was the point pressed upon us in a more clear-cut manner. And without, in any way, modifying our stand as outlined in the Nacionalista Party vs. Commission decision, we feel the mores of the day require application — even extension — of the principle in the Mitchell decision, which is realistic and common sensical even as it strikes a blow at such pernicious "grab - the - proclamation - prolong - the - protest" slogan of some candidates or parties.

It is strongly urged that the results reported in these returns are quite "possible", bearing in mind the religious or political control of some leaders in the localities affected. We say, possible, not probable. It is possible to win the sweepstakes ten times; but not probable. Anyway, judges are not disposed to believe that such "control" has proved so powerful as to convert the electors into mere sheep or robots voting as ordered. Their reason and conscience refuse to believe that 100% of the voters in such precincts abjectly yet lawfully surrendered their precious freedom to choose the senators of this Republic.

Indeed, social scientists might wonder whether courts could, consistently with morality and public policy,5 render judgment acknowledging such "control" or validating such "controlled votes" as candidate Climaco chose to call them.