GR 113107; (July, 1994) (Digest)
G.R. No. 113107 & G.R. No. 113509 July 20, 1994
WILMAR P. LUCERO, petitioner, vs. COMMISSION ON ELECTIONS and JOSE L. ONG, JR., respondents. ( G.R. No. 113107 )
JOSE L. ONG, JR., petitioner, vs. COMMISSION ON ELECTIONS and WILMAR P. LUCERO, respondents. (G.R. No. 113509)
FACTS
This case involves the election for the Second Legislative District of Northern Samar held on May 11, 1992, where Wilmar P. Lucero and Jose L. Ong, Jr. were candidates. The initial canvass by the Provincial Board of Canvassers (PBC) showed Ong leading by 204 votes, but this tally excluded the results from three precincts in Silvino Lobos: Precinct No. 7 (illegible returns), Precinct No. 13 (ballot boxes snatched, no election held), and Precinct No. 16 (all election returns missing). Lucero filed SPA No. 92-282 with the COMELEC seeking, among other reliefs, a correction of the Las Navas certificate of canvass, a special election in Precinct No. 13, and a recount of votes in Precincts Nos. 7 and 16. The COMELEC initially ordered a recount in Precincts Nos. 7 and 16, which Ong challenged in G.R. No. 105717 . The Supreme Court, in its final resolution on April 22, 1993, annulled the COMELEC’s orders for a recount in Precinct No. 7 and the 52 other precincts, but affirmed the order for a special election in Precinct No. 13 and a recount in Precinct No. 16. It also ordered the correction of the Las Navas certificate of canvass and directed the COMELEC to resolve the pre-proclamation issues. Pursuant to this, the COMELEC en banc promulgated a resolution on January 7, 1994, directing the special Provincial Board of Canvassers to include in the canvass: (1) the recounted votes from Precinct No. 16 (43 for Lucero, 2 for Ong); (2) the votes from the “COMELEC copy” of the election return for Precinct No. 7 (61 for Ong, and 29, 30, or 31 for Lucero); and (3) the corrected total for Lucero in Las Navas (2,537 votes). Both Lucero and Ong filed petitions assailing this COMELEC resolution.
ISSUE
The main issue is whether the COMELEC en banc acted with grave abuse of discretion in issuing its January 7, 1994 resolution, specifically in its directives concerning the inclusion of votes from Precinct No. 7 and Precinct No. 16 of Silvino Lobos, and the correction of the certificate of canvass for Las Navas.
RULING
The Supreme Court DISMISSED both petitions for lack of merit and AFFIRMED the COMELEC resolution dated January 7, 1994. The Court held:
1. Regarding Precinct No. 16: The COMELEC correctly included the votes from the recount (43 for Lucero, 2 for Ong) as ordered by the Supreme Court in its final resolution in G.R. No. 105717 dated April 22, 1993. That decision had affirmed the COMELEC’s authority to recount the ballots in that precinct.
2. Regarding Precinct No. 7: The COMELEC did not order a recount but instead directed the inclusion of the votes from the “COMELEC copy” of the election return. This was proper because the Supreme Court, in its April 22, 1993 resolution, had annulled the order for a recount in Precinct No. 7. Faced with illegible returns, the COMELEC correctly resorted to the other authentic copies of the election return as provided by law. The use of the “COMELEC copy” was justified since the copy intended for the municipal board of canvassers was illegible.
3. Regarding Las Navas: The correction of the certificate of canvass, changing Lucero’s votes from 2,517 to 2,537, was explicitly mandated by the Supreme Court’s April 22, 1993 resolution, which held it was a correction of a manifest error allowed under Section 15 of R.A. No. 7166 .
4. Regarding Precinct No. 13: The COMELEC was directed to hold a special election in this precinct, as its failure to do so earlier constituted grave abuse of discretion. The number of registered voters (213) was sufficient to affect the election results given the close margin between the candidates.
The Court emphasized the need for immediate action to end the deprivation of representation for the district and directed the COMELEC to constitute the necessary boards of canvassers to complete the canvass and proclaim the winner with dispatch.