GR 182221; (February, 2010) (Digest)
G.R. No. 182221 , February 3, 2010
THEMISTOCLES A. SAÑO, JR., Petitioner, vs. COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF DULAG, LEYTE, FERDINAND A. SERRANO, in his capacity as Acting Chairman of the Municipal Board of Canvassers of Dulag, Leyte, and MANUEL SIA QUE, Respondents.
FACTS
Petitioner Themistocles A. Saño and private respondent Manuel Sia Que were candidates for Municipal Mayor of Dulag, Leyte in the May 14, 2007 elections. During canvassing, Saño sought to exclude the Election Returns (ERs) from five precincts (Precinct Nos. 49-A, 31-A, 58-A, 30-A, and 90-A) on grounds of massive fraud, illegal proceedings, and tampered/falsified/manufactured returns. He filed a written Petition for Exclusion with the Municipal Board of Canvassers (MBOC) on May 15, 2007. Saño also moved for the inhibition of the MBOC Chairperson, Lydia Camposano, alleging bias. Camposano later inhibited herself, and Ferdinand Serrano was designated as Acting Chairperson. Serrano ruled to open and canvass the contested ERs. Despite Saño filing a Notice of Appeal, the MBOC proceeded to canvass the contested ERs and proclaimed Que as the winner. Saño filed a Petition for Annulment of Proclamation before the COMELEC. The COMELEC First Division dismissed the petition, finding the grounds raised were proper for an election protest, not a pre-proclamation controversy, and that the MBOC did not gravely abuse its discretion. The COMELEC En Banc affirmed the dismissal.
ISSUE
Whether the COMELEC committed grave abuse of discretion in dismissing Saño’s petition and upholding the proclamation of Que, based on the propriety of the grounds raised in a pre-proclamation controversy.
RULING
The Supreme Court DENIED the petition and AFFIRMED the COMELEC Resolutions. The Court held that the grounds invoked by Saño—massive fraud, illegal proceedings, and tampered/falsified/manufactured election returns—are not proper in a pre-proclamation controversy. In a pre-proclamation controversy, the board of canvassers and the COMELEC are limited to examining the election returns on their face for apparent authenticity and regularity. Allegations requiring the reception of evidence beyond the face of the returns, such as fraud or irregularities in the conduct of the election itself, are beyond the scope of a pre-proclamation controversy and must be raised in a regular election protest. The Court found that the contested election returns appeared regular and authentic on their face, and the MBOC properly examined them and heard the explanations of the Board of Election Inspectors. The MBOC’s actions did not constitute grave abuse of discretion. The proper remedy for Saño’s allegations of fraud and irregularities is an election protest.