GR 135084; (August, 1999) (Digest)
G.R. No. 135084 . August 25, 1999.
MANUEL V. OLONDRIZ, JR., petitioner, vs. COMMISSION ON ELECTIONS and MARITES G. FRAGATA, respondents.
FACTS
Petitioner Manuel V. Olondriz, Jr. and private respondent Marites G. Fragata were candidates for mayor of Juban, Sorsogon in the May 11, 1998 elections. During canvass, a watcher for private respondent noted a discrepancy in the election return from Precinct No. 22-A: the votes for petitioner were written as “66” in figures but “fifty-six (56)” in words. The Municipal Board of Canvassers (MBC) credited petitioner with 66 votes, resulting in a total of 4,500 votes for petitioner and 4,498 for private respondent, a margin of 2 votes. The MBC denied private respondent’s objection and later denied her petition to suspend proclamation. On May 16, 1998, the MBC denied private respondent’s notice of appeal and proclaimed petitioner as winner. Private respondent filed with the COMELEC a petition to annul the canvass and proclamation. On May 27, 1998, the COMELEC Second Division declared the proclamation null and void and ordered the MBC to reconvene, open the ballot box for Precinct No. 22-A following Section 236 of the Omnibus Election Code, and proclaim the winning candidate. The MBC reconvened, opened the ballot box, examined the return (finding no tampering and that tally marks totaled 66), but did not recount the ballots. It again proclaimed petitioner. The COMELEC en banc, on August 28, 1998, denied petitioner’s motion for reconsideration and affirmed the Second Division’s resolution, specifically directing a physical recount of the ballots for petitioner in Precinct No. 22-A to correct the return if necessary.
ISSUE
Whether or not respondent COMELEC committed grave abuse of discretion in ordering the opening of the ballot box and the recount of the votes cast therein.
RULING
No, the COMELEC did not commit grave abuse of discretion. Section 236 of the Omnibus Election Code authorizes a recount where a discrepancy exists between votes in words and figures in the same return and the difference affects the election results. The recount is a mathematical count to determine the true result, not an appreciation of ballots or determination of validity. The circumstances warrant a physical recount to ascertain the true election result, ensuring public interest and the sovereign will of the electorate are upheld. The petition for certiorari was dismissed.