G.R. No. 134826 July 6, 1999
RENE CORDERO, petitioner, vs. COMMISSION ON ELECTIONS, MUNICIPAL BOARD OF CANVASSERS OF ESTANCIA, ILOILO; and TRUMAN LIM, respondents.

FACTS

In the May 1998 elections, Rene Cordero and Truman Lim were candidates for mayor of Estancia, Iloilo. During the canvassing by the Municipal Board of Canvassers (MBOC), Cordero, through counsel, orally objected to the inclusion of election returns from numerous precincts, alleging they were tampered with, altered, manufactured, or lacked material data. The MBOC overruled these objections and included the returns. Cordero subsequently filed two separate appeals with the Commission on Elections (Comelec) seeking the exclusion of these contested returns.
The Comelec (Second Division) dismissed Cordero’s appeals. It found that he failed to comply with the mandatory procedure under Section 36 of Comelec Resolution No. 2962, which requires that any objection to the inclusion or exclusion of election returns must be reduced to writing using a prescribed Comelec form, with supporting evidence attached. The Comelec ruled that Cordero’s appeals were not accompanied by these accomplished forms and evidence, warranting summary dismissal. It then directed the MBOC to reconvene, finish the canvass, and proclaim the winning candidate. The Comelec en banc denied Cordero’s motion for reconsideration.

ISSUE

Whether the Comelec committed grave abuse of discretion in dismissing Cordero’s appeals for failure to attach the prescribed written objections and supporting evidence.

RULING

The Supreme Court ruled that the Comelec did not commit grave abuse of discretion. The procedure for pre-proclamation controversies is strictly governed by Republic Act No. 7166 and implementing Comelec resolutions. The law mandates that any objection to an election return during canvassing must be made in writing, specifically on the form prescribed by the Comelec, and must be accompanied by supporting evidence. This requirement is not merely directory but mandatory. An appeal to the Comelec from a ruling of the board of canvassers that fails to include these written objections and evidence shall be summarily dismissed.
The Court emphasized that the purpose of this formal requirement is to ensure that objections are properly substantiated at the earliest stage, preventing delay in the canvassing and proclamation process based on mere oral allegations. Cordero’s failure to submit his objections on the required forms and to append his evidence—despite having submitted affidavits later—constituted a fatal procedural lapse. The Comelec’s dismissal was therefore a correct application of the law, not an arbitrary exercise of power. The Court affirmed the Comelec Resolutions and lifted the temporary restraining orders it had issued earlier.