Friday, November 24, 2017

CASE DIGEST : ROSAL VS COMELEC

G.R. No. 168253             March 16, 2007
MAYOR NOEL E. ROSAL, Petitioner, 
vs.
COMMISSION ON ELECTIONS, Second Division, and MICHAEL VICTOR IMPERIAL, Respondents.

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G.R. No. 172741             March 16, 2007
MAYOR NOEL E. ROSAL, Petitioner, 
vs.
COMMISSION ON ELECTIONS and MICHAEL VICTOR IMPERIAL, Respondents.


FACTS : etitioner Noel E. Rosal and private respondent Michael Victor C. Imperial were candidates for mayor of Legaspi City in the May 10, 2004 elections. After the counting and canvassing of votes, petitioner was proclaimed as the duly elected mayor of Legaspi City, having received 44,792 votes over private respondents 33,747 and thereby winning by a margin of 11,045 votes.

On May 24, 2004, private respondent instituted a petition to annul the proclamation,[1] assailing the canvass of election returns in the 520 precincts that had functioned during the election. On July 6, 2004, the case was superseded by an election protest filed by private respondent with the Commission on Elections (Comelec) contesting the results of the election in all 520 precincts on the grounds of miscounting, misreading and misappreciation of votes, substitute voting, disenfranchisement of voters, substitution and padding of votes, and other alleged irregularities

After an initial hearing on private respondents protest and petitioners answer, the Second Division issued on November 17, 2004 an order directing the collection of the ballot boxes from the contested precincts and their delivery to the Comelec.

Revision of the contested ballots commenced in mid-January of 2005[3] and concluded on February 2, 2005. The revision report indicated a reduction in petitioners vote count from 44,792 votes to 39,752 and an increase in that of private respondent from 22,474 to 39,184 votes. Shortly thereafter, petitioner filed a motion for technical examination of contested ballots on the ground that thousands of ballots revised by the revision committees were actually spurious ballots that had been stuffed inside the ballot boxes sometime after the counting of votes but before the revision proceedings. The Second Division denied the motion.

On March 17, 2005, the first hearing set for the presentation of his evidence, petitioner was directed to pre-mark his exhibits and formalize his intention to have his witnesses subpoenaed.

In an order dated April 25, 2005,[4] the Second Division ruled that the testimonies of the proposed witnesses were unnecessary inasmuch as the Comelec had the authority and wherewithal to determine by itself the ballots authenticity and, for that reason, denied the motion and directed petitioner to file forthwith his formal offer of evidence.

Asserting his right to present evidence in his defense, petitioner filed on May 6, 2005 a motion for reconsideration of the April 25, 2005 order. In an order dated May 12, 2005, the Second Division denied the motion.

On June 15, 2005, petitioner filed in this Court a petition for certiorari[7] under Rule 65 of the Rules of Court (docketed as G.R. No. 1628253) assailing the April 25 and May 12, 2005 orders of the Comelecs Second Division for having been rendered with grave abuse of discretion.

Meanwhile, the Second Division continued with the proceedings and, following the submission of the parties memoranda, considered EPC No. 2004-61 submitted for resolution.
In a resolution[8] dated January 23, 2006, the Second Division then composed of only two sitting members, namely, Presiding Commissioner Mehol Sadain (now retired) and Commissioner Florentino Tuason, Jr. declared private respondent Imperial the winning candidate for mayor of Legaspi City and ordered petitioner Rosal to vacate said office and turn it over peacefully to private respondent.

On January 30, 2006, petitioner filed a motion for reconsideration of the Second Divisions resolution. The motion was denied by the Comelec en banc in a resolution dated May 29, 2006.[10] In due time, petitioner came to this Court with a petition for certiorari and prohibition assailing the Comelec en banc resolution. The case was docketed as G.R. No. 172741 and consolidated with G.R. No. 168253

ISSUE :

HELD : an interlocutory order rendered by a division of the Comelec, cannot be assailed by means of a special civil action for certiorari, as only final orders of the Comelec en banc can be brought to the Supreme Court by that mode.
We disagree. Section 1, Rule 65 of the Rules of Court,
In fine, Kho tells us that an interlocutory order of a Comelec division should be challenged at the first instance through a proper motion, such as a motion for reconsideration, filed with the division that rendered the order. If that fails and no other plain, speedy and adequate remedy (such as recourse to the Comelec en banc) is available, the party aggrieved by the interlocutory order may elevate the matter to the Supreme Court by means of a petition for certiorari on the ground that the order was issued without or in excess of jurisdiction or with grave abuse of discretion.

As made abundantly clear by the foregoing provisions, the mode of preserving the ballots in this jurisdiction is for these to be stored safely in sealed and padlocked ballot boxes which, once closed, shall remain unopened unless otherwise ordered by the Comelec in cases allowed by law.

We summarize the foregoing doctrines: (1) the ballots cannot be used to overturn the official count as reflected in the election returns unless it is first shown affirmatively that the ballots have been preserved with a care which precludes the opportunity of tampering and all suspicion of change, abstraction or substitution; (2) the burden of proving that the integrity of the ballots has been preserved in such a manner is on the protestant; (3) where a mode of preserving the ballots is enjoined by law, proof must be made of such substantial compliance with the requirements of that mode as would provide assurance that the ballots have been kept inviolate notwithstanding slight deviations from the precise mode of achieving that end; (4) it is only when the protestant has shown substantial compliance with the provisions of law on the preservation of ballots that the burden of proving actual tampering or the likelihood thereof shifts to the protestee and (5) only if it appears to the satisfaction of the court or Comelec that the integrity of the ballots has been preserved should it adopt the result as shown by the recount and not as reflected in the election returns.

The procedure adopted by the Second Division was a complete inverse of the one outlined above and was contrary to reason. There was complete arbitrariness on its part.

First, there was no indication at all that it ever considered the condition of the ballot boxes at the time they were delivered to the Comelec for revision

Second, it placed the burden of proving actual tampering of the ballots on petitioner herein (the protestee below) notwithstanding private respondents previous manifestation that most of the ballot boxes bore overt signs of tampering[28] and only 79 ballot boxes were found intact.


Third, instead of diligently examining whether the ballot boxes were preserved with such care as to preclude any reasonable opportunity for tampering with their contents, the Second Division made the probative value of the revised ballots dependent solely on whether spurious ballots were found among them.

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