G.R. No. 120426 November 23, 1995
NICOLAS C. CASTROMAYOR, petitioner, vs. COMMISSION ON ELECTIONS and the MUNICIPAL BOARD OF CANVASSERS OF CALINOG, ILOILO, respondents.

FACTS

Petitioner Nicolas C. Castromayor was a candidate for the Sangguniang Bayan of Calinog, Iloilo in the May 8, 1995 elections. The Municipal Board of Canvassers (MBC) convened, canvassed the returns, and proclaimed Castromayor as the eighth and last winning councilor on May 10, 1995, based on a Statement of Votes showing he received 5,419 votes. The following day, the MBC Chairman, Alice M. Garin, discovered a tabulation error: the returns from one precinct had been overlooked, resulting in an undercount of 62 votes for candidate Nilda C. Demorito. The corrected totals showed Demorito with 5,470 votes, or 51 votes more than Castromayor.
The MBC sought authority from the COMELEC to reconvene to correct the error, annul Castromayor’s proclamation, and proclaim Demorito. On May 23, 1995, the COMELEC en banc issued Resolution No. 95-2414, directing the MBC to reconvene for those purposes. Castromayor filed this petition, arguing the COMELEC issued the resolution without prior notice and hearing, violating due process and citing Bince, Jr. v. COMELEC.

ISSUE

Whether the COMELEC en banc committed grave abuse of discretion in issuing Resolution No. 95-2414 directing the MBC to reconvene to annul a proclamation due to a clerical error in the Statement of Votes, without first conducting a hearing with notice to the affected candidate.

RULING

The petition is dismissed. The Supreme Court held that while the COMELEC resolution was procedurally infirm for lack of prior notice and hearing, the defect was cured by the subsequent notice sent to Castromayor for the MBC’s reconvening. The Court accepted the representation of the Solicitor General that the COMELEC resolution merely authorized a proceeding where Castromayor would be heard, and annulment would occur only if warranted after such hearing. The correction of a manifest error in the Statement of Votes is a ministerial, administrative function of the board under COMELEC control. This involves a simple arithmetic correction to align the statement with the election returns, a process distinct from a full-blown pre-proclamation controversy. Since the proclamation was based on an erroneous computation, it was void from the beginning. Consequently, the proper remedy is not an election protest but the correction of the canvass error by the board. The proceedings before the MBC must be summary. The temporary restraining order was lifted.