G.R. No. L-25467 April 27, 1967
LUCAS V. CAUTON, petitioner, vs. COMMISSION ON ELECTIONS and PABLO SANIDAD, respondents.

FACTS

In the November 9, 1965 elections, petitioner Lucas V. Cauton and respondent Pablo Sanidad were candidates for Representative in the second congressional district of Ilocos Sur. During the canvass by the Provincial Board of Canvassers, respondent Sanidad brought to the Board’s attention that the entries of votes in the copies of election returns from the municipalities of Candon, Santiago, and Sta. Cruz presented by the Provincial Treasurer differed from the entries in the copies possessed by the Liberal Party. Respondent Sanidad filed a petition with the Commission on Elections (COMELEC) praying for the opening of the ballot boxes in all precincts of those municipalities to retrieve the election returns deposited therein for use in the canvass, and for an order to restrain the Provincial Board from proclaiming a winner. The COMELEC issued the restraining order and set the petition for hearing. After hearing, the COMELEC found that it had been clearly established that the copies of election returns for the COMELEC and the Provincial Treasurer for the municipalities had uniform alterations showing different numbers of votes compared with the Liberal Party copies. On December 22, 1965, the COMELEC issued an order directing the immediate opening of the impounded ballot boxes from those municipalities solely for the purpose of retrieving the corresponding election returns (copies for the ballot box) to enable the aggrieved party to establish a discrepancy between copies for the purpose of obtaining judicial remedy under Section 163 of the Revised Election Code. The ballot boxes were opened, and the envelopes containing the election returns were brought to Manila. Petitioner Lucas V. Cauton filed before the Supreme Court a petition for certiorari and prohibition with preliminary injunction, praying that the COMELEC resolution of December 22, 1965 be annulled and set aside, alleging that the COMELEC acted without or in excess of its jurisdiction.

ISSUE

Whether the Commission on Elections acted without or in excess of its jurisdiction in issuing the resolution dated December 22, 1965, ordering the opening of the ballot boxes used in all precincts of Candon, Sta. Cruz, and Santiago, Ilocos Sur, for the purpose of retrieving the election returns to enable an aggrieved party to establish a discrepancy between copies of the returns.

RULING

The Supreme Court dismissed the petition, holding that the order of December 22, 1965 was perfectly within the power of the Commission on Elections to issue. The Court ruled that in issuing the resolution, the COMELEC simply performed a function authorized by the Constitution to have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections. The COMELEC has the power to decide all administrative questions affecting elections and to investigate and act on the propriety or legality of the canvass of election returns made by the board of canvassers. The power exercised by the COMELEC is administrative and supervisory, intended to secure the proclamation of the winning candidate based on the true count of the votes cast. The purpose is not to help a candidate win but to bring about the canvass of the true results of the elections. The Court further held that ballot boxes may be opened not only in election contests or for prosecution of election frauds but also when they are the subject of any official investigation ordered by a competent authority, which includes the COMELEC. The investigation in this case was in connection with the apparent tampering of election returns, which is within the COMELEC’s power to administer and enforce election laws.