G.R. No. 181295; April 2, 2009
Harlin Castillo Abayon, Petitioner, vs. Commission on Elections and Raul A. Daza, Respondents.

FACTS

Petitioner Harlin Castillo Abayon and respondent Raul A. Daza were candidates for Governor of Northern Samar in the May 14, 2007 elections. Daza was proclaimed the winner on May 20, 2007. Abayon filed multiple petitions before the COMELEC, including: a pre-proclamation protest before the Provincial Board of Canvassers on May 19, 2007 (SPC No. 07-037) seeking to exclude Certificates of Canvass (COCs) from three municipalities; a petition to annul Daza’s proclamation on May 21, 2007 (SPC No. 07-070); and petitions for declaration of failure of elections. On June 29, 2007, Abayon filed an election protest (EPC No. 2007-62). The COMELEC First Division dismissed the election protest on October 8, 2007, for being filed out of time, as it was filed beyond the 10-day period from proclamation prescribed by Section 250 of the Omnibus Election Code. The COMELEC en banc affirmed the dismissal on January 28, 2008, ruling that the pendency of Abayon’s petition to annul proclamation (SPC No. 07-070) did not suspend the filing period because its basis (SPC No. 07-037) raised grounds not proper for a pre-proclamation controversy. Abayon filed the present Petition for Certiorari and Prohibition.

ISSUE

1. Whether the mere filing of a pre-proclamation case, regardless of the issues raised, suspends the ten-day period for filing an election protest.
2. Whether an untimely filed election protest may still be considered by the COMELEC.

RULING

1. No. The mere filing of a petition denominated as a pre-proclamation case or one seeking annulment of a proclamation does not automatically suspend the ten-day period for filing an election protest under Section 248 of the Omnibus Election Code. The suspension applies only if the petition is a valid pre-proclamation controversy, meaning it raises issues limited to those enumerated in Section 243 of the Omnibus Election Code: (a) illegal composition or proceedings of the board of canvassers; (b) incomplete, materially defective, tampered, falsified, or discrepant election returns; (c) election returns prepared under duress, threats, coercion, intimidation, or are obviously manufactured or not authentic; and (d) canvassing of substitute or fraudulent returns that materially affected the results. Abayon’s SPC No. 07-037 sought exclusion of COCs on grounds of being prepared under “duress, threats and intimidation,” which, while seemingly falling under Section 243(c), was deemed by the COMELEC to be without merit and not a proper pre-proclamation issue in this context. Consequently, the related petition to annul proclamation (SPC No. 07-070) was also without merit and could not toll the running of the period. The Court upheld the COMELEC’s application of the doctrine from Villamor v. COMELEC that the suspension presupposes a valid pre-proclamation controversy; a manifestly baseless petition cannot suspend the period.
2. No. The Court affirmed the COMELEC’s dismissal of the untimely filed election protest. The 10-day period for filing an election protest for provincial office under Section 250 of the Omnibus Election Code is mandatory and jurisdictional. Since Daza was proclaimed on May 20, 2007, Abayon had until May 30, 2007, to file his protest. He filed it on June 29, 2007, which was nearly 40 days late. The Court found no valid suspension of the period, as none of Abayon’s other petitions (including those for declaration of failure of election, which are not pre-proclamation controversies) effectively tolled the deadline. The COMELEC did not commit grave abuse of discretion in dismissing the protest for being filed out of time. The Petition for Certiorari was dismissed.