G.R. No. 167101 ; January 31, 2006
MANUEL A. ALEJANDRO, Petitioner, vs. COMMISSION ON ELECTIONS, TINGA, DAMIAN L. CO, and the CHICO-NAZARIO, and MUNICIPAL BOARD OF CANVASSERS OF ALICIA, ISABELA, Respondents.

FACTS

Petitioner Manuel A. Alejandro and private respondent Damian L. Co were candidates for Vice-Mayor of Alicia, Isabela in the May 10, 2004 elections. After canvass, Alejandro was proclaimed winner on May 13, 2004. On May 24, 2004, Co filed a petition to annul the proclamation, alleging manifest errors in the MBC’s tally. Co presented evidence that based on a correct summation of all election returns from 156 precincts, he actually garnered 11,401 votes against Alejandro’s 11,152, giving him a 249-vote margin. The Election Officer, as MBC Chairperson, admitted errors in the preparation of the statement of votes and supported the need for correction.
Alejandro opposed, arguing the petition was filed out of time. He contended it was essentially a pre-proclamation controversy for correction of manifest errors, which under COMELEC rules must be filed within five days from proclamation, or by May 18, 2004. Alternatively, even if treated as a petition to annul proclamation, the reglementary period is ten days, expiring on May 23, 2004. Co filed on May 24, 2004, one day late.

ISSUE

Whether the COMELEC committed grave abuse of discretion in taking cognizance of and granting Co’s petition despite allegedly being filed beyond the reglementary period.

RULING

The Supreme Court upheld the COMELEC’s resolutions, finding no grave abuse of discretion. The legal logic centers on the nature of the petition and the COMELEC’s constitutional mandate. The Court distinguished between a pre-proclamation controversy, which is summary and based solely on election returns, and a petition to annul a proclamation based on a complete nullification of the canvass due to manifest errors. Co’s petition, supported by the MBC Chair’s admission and detailed comparative tables, fell under the latter category, as it alleged that the canvass itself was fundamentally flawed, not merely containing computational errors.
On the timeliness issue, the Court ruled that the ten-day period for filing a petition to annul proclamation is not jurisdictional. The COMELEC, under its broad constitutional powers to enforce election laws, may suspend its own rules in the interest of justice to prevent a miscarriage thereof, especially when the will of the electorate is at stake. The evidence of manifest errors was clear and substantial, showing Co as the actual winner. Strict application of procedural technicalities would subvert the true will of the voters. Therefore, the COMELEC acted within its discretion in ordering the MBC’s reconvening to correct the errors and proclaim the rightful winner, Damian L. Co.