G.R. No. L-31374 January 21, 1970
REP. FELIPE J. ABRIGO, petitioner, vs. THE COMMISSION ON ELECTIONS, HON. FELIX T. CARO, as Presiding Judge of the Court of First Instance of Samar, Branch VIII, THE PROVINCIAL BOARD OF CANVASSERS OF EASTERN SAMAR, THE MUNICIPAL TREASURER OF ORAS EASTERN SAMAR and VICENTE O. VALLEY, respondents.

FACTS

Petitioner Felipe J. Abrigo and respondent Vicente O. Valley were candidates for Congressman of Eastern Samar in the 1969 elections. The provincial board of canvassers commenced canvass on November 26, 1969. Respondent Valley objected to certain returns, claiming discrepancies between the provincial treasurer’s copies and certificates of votes given to watchers. The Commission on Elections (Comelec) transferred the canvass to Manila. On December 5, Valley petitioned Comelec to authorize the use of municipal treasurer’s copies for specific precincts. Comelec authorized Valley to photograph the municipal treasurer’s copies. The canvassing board concluded its canvass on December 12, showing Abrigo leading by 286 votes (23,389 to 23,103), excluding 42 votes for Valley from Precinct 5-A, Oras. The board was deadlocked on signing the certificate of canvass and proclamation. On December 13, Valley filed a petition for recount (Election Case 42) in the Court of First Instance of Eastern Samar for nine precincts of Oras. On December 15, the respondent judge issued a preliminary injunction directing the board to refrain from proclaiming Abrigo. On December 18, Comelec issued a resolution directing the board to refrain from proclaiming a winner. On December 22, Abrigo filed the present petition with the Supreme Court, seeking to stop the respondent judge, nullify the injunction and Comelec resolution, and direct his proclamation, citing that the congressional term would start on December 30, 1969.

ISSUE

The primary issue is whether the respondent judge acted without or in excess of jurisdiction or with grave abuse of discretion in taking cognizance of Election Case 42 and issuing the preliminary injunction to restrain the provincial board of canvassers from proclaiming a winner.

RULING

The Supreme Court ruled that the respondent judge acted without jurisdiction. The power to order a recount of votes in a congressional election is vested exclusively in the House of Representatives Electoral Tribunal (HRET) once a candidate has been proclaimed and has assumed office. At the time of the filing of Election Case 42 and the issuance of the injunction, no proclamation had been made. However, the proper remedy for Valley, who was contesting the authenticity of the election returns, was an appeal to the Comelec from the rulings of the provincial board of canvassers regarding the inclusion or exclusion of returns, not a petition for recount in the Court of First Instance. The Comelec has exclusive authority to review such rulings of the board. The respondent judge, therefore, had no jurisdiction to entertain the petition for recount or to issue the injunction restraining the board. The Supreme Court made the injunction permanent, nullified the Comelec resolution of December 18, 1969, and directed the provincial board of canvassers to reconvene and proclaim petitioner Felipe J. Abrigo as the duly elected Congressman for Eastern Samar. The decision was immediately executory.