G.R. No. L-16360; January 29, 1960
FILEMON SALCEDO, JR., petitioner, vs. COMMISSION ON ELECTIONS, ET AL., respondents.

FACTS

The municipality of Bansud, Oriental Mindoro, was newly created by Republic Act No. 2514 . In the first election for its municipal offices on November 10, 1959, Filemon Salcedo Jr. and Leon Mampusti were among the candidates for mayor. On November 24, 1959, the Provincial Board of Oriental Mindoro, acting as the municipal board of canvassers pursuant to Section 167(b) of the Revised Election Code, proclaimed Salcedo as mayor-elect. Mampusti filed a petition with the Commission on Elections (COMELEC) to annul this canvass and proclamation, arguing it was invalid because the provincial board, not the municipal council of the new municipality, conducted it. On December 3, 1959, the COMELEC issued a resolution: (1) annulling the canvass and proclamation; (2) ordering the municipal board of canvassers of the new municipality to convene, canvass the returns, and proclaim the winning candidates; and (3) ordering the provincial board to deliver all election returns to the municipal treasurer. Salcedo then filed this petition for certiorari, arguing the COMELEC had no power to annul the proclamation as its authority was merely administrative. Respondents countered that the provincial board’s canvass and proclamation were null and void because its members (Governor Francisco Infantado, Leonardo Macasaet, and Jose Basa) were all candidates for reelection and thus disqualified under Section 28 of the Revised Election Code. They also argued that even if qualified, the provincial board could not lawfully act as the municipal board of canvassers since a municipal council already existed, and that the canvass was invalid for failing to include the election return from Precinct No. 5.

ISSUE

Whether the Commission on Elections acted correctly in annulling the canvass and proclamation made by the Provincial Board of Oriental Mindoro.

RULING

The petition is dismissed. The Supreme Court upheld the COMELEC’s resolution annulling the canvass and proclamation. The Court ruled that the Provincial Board of Oriental Mindoro erroneously acted as the municipal board of canvassers. While Section 167(b) of the Revised Election Code states that for the first election in a new municipality, the provincial board shall act as the board of canvassers, this provision must be interpreted in conjunction with Section 10 of the same Code. Section 10 provides that “In the absence of a municipal or city council, the provincial board shall perform the duties of the former with respect to the first election in the new political subdivision.” The logical inference is that the provincial board can only assume the functions of a municipal board of canvassers if the municipal council has not yet been constituted. Since a municipal council for Bansud was already in existence at the time of the canvass, the provincial board had no authority to act. Furthermore, the members of the provincial board were all disqualified under Section 28 of the Revised Election Code, as they were candidates for reelection. Finally, the provincial board’s canvass was also invalid for failing to include the election return from Precinct No. 5. Therefore, the COMELEC acted properly in nullifying the canvass and proclamation. The preliminary injunction issued by the Court was dissolved, and costs were imposed on the petitioner.