GR 171821; (October, 2006) (Digest)
G.R. No. 171821, October 9, 2006
DANILO “DAN” FERNANDEZ, petitioner, vs. COMMISSION ON ELECTIONS and TERESITA LAZARO, respondents.
FACTS
Petitioner Danilo Fernandez and private respondent Teresita Lazaro were candidates for Governor of Laguna in the May 10, 2004 elections. During the provincial canvass, Fernandez orally moved to suspend proceedings, alleging tampering in the election returns from San Pablo City and Biñan which purportedly inflated Lazaro’s votes. The Provincial Board of Canvassers (PBOC) denied the motion, ruling such issues must first be raised before the respective City/Municipal Boards of Canvassers. The PBOC proclaimed Lazaro as the winner on May 16, 2004.
Fernandez subsequently filed a petition with the COMELEC First Division to annul the proclamation, alleging irregularities in the PBOC proceedings. The First Division initially ordered an examination of certain election returns but later dismissed the petition. The COMELEC En Banc denied Fernandez’s motion for reconsideration, prompting this petition for certiorari alleging grave abuse of discretion, particularly the COMELEC’s failure to mention the outcome of the ordered examination of election returns.
ISSUE
Whether the COMELEC committed grave abuse of discretion in affirming the dismissal of the petition to annul the proclamation.
RULING
The Supreme Court dismissed the petition, finding no grave abuse of discretion. Grave abuse of discretion implies a capricious, whimsical, or arbitrary exercise of judgment equivalent to lack of jurisdiction. The COMELEC correctly applied mandatory procedural rules governing pre-proclamation controversies.
The law, specifically Section 17 of R.A. 7166 in relation to the Omnibus Election Code, requires that objections on the preparation, transmission, receipt, custody, or appreciation of election returns and certificates of canvass must be brought initially before the appropriate board of canvassers. The objection must be made orally and in writing at the precise time the questioned return is presented for inclusion in the canvass, with supporting evidence submitted within 24 hours. Fernandez failed to comply with this mandatory procedure. He raised oral objections only before the provincial board, not the concerned city/municipal boards. His objections were also unsubstantiated by timely evidence.
Furthermore, his belated attempt in his COMELEC memorandum to raise issues involving additional localities (Calamba City and four municipalities) constituted a substantial amendment to his pleading, violating due process. The summary nature of canvassing proceedings necessitates strict adherence to procedural timelines to prevent delay and frustrate the electorate’s will. Liberal construction of election laws is inapplicable here, as it is reserved for upholding the people’s voice, not for excusing procedural lapses by a losing candidate. The COMELEC’s resolutions were thus legally sound.