G.R. No. 135468 May 31, 2000
DIOSCORO O. ANGELIA, petitioner, vs. COMMISSION ON ELECTIONS and FLORENTINO R. TAN, respondents.

FACTS

Petitioner Dioscoro O. Angelia and private respondent Florentino R. Tan were candidates for the Sangguniang Bayan of Abuyog, Leyte in the May 11, 1998 elections. After canvass, Angelia was proclaimed the eighth and last winning candidate with 7,765 votes, while Tan ranked ninth with 7,761 votes. Tan later filed a petition for annulment of proclamation with the COMELEC, alleging manifest errors in the election returns from two precincts. He claimed that in Precinct Nos. 84-A/84-A-1, the tally showed 92 votes for him, but the written total was only 82. In Precinct No. 23-A, the tally for Angelia showed 13 votes, but the written total was 18. He supported his petition with affidavits from the poll clerks of both precincts admitting the clerical oversights.
The COMELEC en banc granted Tan’s petition. It annulled Angelia’s proclamation and ordered the Municipal Board of Canvassers (MBOC) to reconvene, correct the manifest errors in the subject returns, and proclaim the winning candidate(s) based on the corrected totals. The MBOC complied, corrected the totals, and subsequently proclaimed Tan as the winning candidate. Angelia filed this certiorari petition, arguing the COMELEC violated his right to due process by resolving the case without giving him notice and hearing.

ISSUE

Whether the COMELEC committed grave abuse of discretion, amounting to lack or excess of jurisdiction, in annulling the proclamation without providing petitioner due notice and hearing.

RULING

The Supreme Court found no grave abuse of discretion in the COMELEC’s substantive ruling but modified the procedure to uphold due process. The Court affirmed that the discrepancies constituted “manifest errors” correctible under Section 5 of COMELEC Rule 27, as they were evident on the face of the election returns—a clear variance between the tally and the written totals. Citing COMELEC Resolution No. 2962, the rule is that the tally prevails over the written figures in such cases. The correction is a purely administrative, pre-proclamation remedy that does not require opening ballot boxes or examining ballots.
However, the Court agreed with Angelia that he was denied due process. While the COMELEC correctly identified a manifest error, it should have ensured the MBOC conducted a hearing with prior notice to all affected parties before making the corrections, as required by Rule 27, §7 of the COMELEC Rules of Procedure. The Court, citing Castromayor v. COMELEC, held that the proper procedure is for the canvassing board to reconvene, provide notice and hearing, and then effect the corrections. Thus, the COMELEC resolution was AFFIRMED but MODIFIED to order the MBOC of Abuyog, Leyte, to reconvene and, after notice to the parties and a proper hearing, effect the necessary corrections on the specified returns and proclaim the winning candidate(s) based on the amended results.