G.R. No. 178259 , March 13, 2009
ARTURO F. PACIFICADOR and JOVITO C. PLAMERAS, JR., Petitioners, vs. COMMISSION ON ELECTIONS (First Division) comprised of HON. COMMISSIONERS RESURRECION BORRA and ROMEO A. BRAWNER, THE NEW SPECIAL PROVINCIAL BOARD OF CANVASSERS OF THE PROVINCE OF ANTIQUE comprised of ATTY. DAISY DACUDAO-REAL, ATTY. JESSIE SUAREZ and ATTY. MAVIL V. MAJARUCON, and SALVACION Z. PEREZ, Respondents.

FACTS

Petitioners Arturo F. Pacificador and Jovito C. Plameras, Jr., and private respondent Salvacion Z. Perez were candidates for Governor of Antique in the May 14, 2007 elections. Prior to the election, petitioners filed a disqualification case against private respondent, alleging she used a public works program as a political rally and distributed checks in violation of election laws. This case remained unresolved. After the election, petitioners filed a petition to suspend the canvassing and/or proclamation, alleging fraud in the preparation of election returns. The initial Provincial Board of Canvassers (Barcenal PBOC) ruled against petitioner Pacificador, who appealed to the COMELEC (PBOC appeal). The COMELEC Second Division denied the suspension petition. The COMELEC First Division then dismissed the PBOC appeal for being filed out of time and created a new PBOC (Mabutay PBOC). Subsequently, upon private respondent’s motion, the COMELEC First Division issued a Resolution on June 22, 2007, relieving the Mabutay PBOC and creating another new PBOC (Majarucon PBOC) composed of COMELEC lawyers, ordering it to convene and proclaim winning candidates. The Majarucon PBOC issued a notice to convene on June 29, 2007. Petitioners filed the present petition for Certiorari, Prohibition, and Injunction to enjoin the proclamation and assail the June 22, 2007 Resolution.

ISSUE

Whether the COMELEC First Division committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing its June 22, 2007 Resolution creating the Majarucon PBOC and ordering the proclamation of winning candidates.

RULING

The Supreme Court dismissed the petition. First, petitioners failed to attach a certified true copy of the assailed June 22, 2007 Resolution, a violation of Section 5, Rule 64 of the Rules of Civil Procedure, which is a sufficient ground for dismissal. On the merits, the Court found no grave abuse of discretion by the COMELEC. The COMELEC has direct control and supervision over boards of canvassers under Section 277 of the Omnibus Election Code and may relieve and substitute their members motu proprio for cause. The relief of the previous PBOC was due to the filing of indirect contempt and insubordination cases against its members, which constitutes valid cause. The Court also noted that the proper remedy after a proclamation is an electoral protest, not a pre-proclamation controversy. Furthermore, the petition for prohibition would not lie as the assailed resolution was final and executory, petitioners not having filed a motion for reconsideration with the COMELEC en banc as required. The proclamation of private respondent on June 29, 2007, also rendered the plea for injunction moot.