GR 178456; (January, 2008) (Digest)
G.R. No. 178456, January 30, 2008
Randy C. Cambe, Petitioner, vs. The Commission on Elections; The Municipal Board of Canvassers of Lasam, Cagayan; and Dominador M. Go, Respondents.
FACTS
Petitioner Randy C. Cambe and private respondent Dominador M. Go were candidates for the eighth and final seat in the Sangguniang Bayan of Lasam, Cagayan, in the May 14, 2007 elections. During canvassing, Go moved to exclude Election Return No. 9601666, alleging it was manufactured as the votes for vice-mayor exceeded the number of registered voters. The Municipal Board of Canvassers (MBC) issued a notice for Cambe to comment within 24 hours. On May 22, 2007, the MBC granted Go’s petition, excluded the return, and proclaimed Go the winner.
Cambe received a copy of the MBC ruling on May 25, 2007. On May 28, he filed a notice of appeal with the MBC, and on May 30, an appeal memorandum with the COMELEC. On June 28, 2007, the COMELEC en banc issued Resolution No. 8212, which, pursuant to Section 16 of R.A. 7166, deemed terminated all pre-proclamation cases not found meritorious based on evidence thus far presented. Cambe’s appeal (SPC Case No. 07-212) was not on the list of cases to continue, so it was deemed dismissed, affirming the MBC ruling.
ISSUE
Whether the COMELEC en banc committed grave abuse of discretion in dismissing Cambe’s appeal through Resolution No. 8212, thereby affirming the MBC’s exclusion of the election return and the proclamation of Go.
RULING
Yes, the COMELEC committed grave abuse of discretion. The Supreme Court ruled that the COMELEC’s blanket dismissal via Resolution No. 8212, without reviewing the merits of Cambe’s specific appeal, was arbitrary. Section 16 of R.A. 7166 requires the COMELEC to make a determination, based on evidence thus far presented, that a pre-proclamation case appears meritorious before it can order proceedings to continue beyond the start of the term. The COMELEC’s resolution effectively dismissed cases by mere listing, without an examination of the individual records to assess their apparent merit.
The Court found that Cambe’s appeal raised substantial issues warranting review, including whether the MBC correctly excluded the return based on statistical improbability without a prior judicial recount and whether Cambe was denied due process when his written opposition was filed only after the MBC had already ruled. By failing to evaluate these substantive issues and instead dismissing the case through a general resolution, the COMELEC abdicated its constitutional duty to adjudicate and exercised its power in a capricious manner. The proclamation of Go was annulled, the COMELEC was ordered to resolve the appeal on its merits, and the contested Sangguniang Bayan seat was declared vacant pending final resolution.