GR L 31566 Zaldivar (Digest)
G.R. No. L-31566, August 31, 1970
ROGELIO O. TIGLAO, Petitioner, v. THE COMMISSION ON ELECTIONS, CORNELIO SANGA and THE BOARD OF CANVASSERS OF PAMPANGA, Respondents.
FACTS
The case involves petitions for correction of election returns from six precincts in San Luis, Pampanga, following the November 11, 1969 national elections. The original returns showed candidate Cornelio Sanga leading Rogelio Tiglao by 247 votes. On January 27, 1970, petitions were filed by the boards of inspectors alleging that during the preparation of the returns, armed men caused confusion, leading to errors crediting Tiglao with fewer votes than he actually obtained. The Court of First Instance of Pampanga, through Judge Honorio Romero, heard these petitions ex parte on January 28, 1970, without notice to other candidates. The judge ordered corrections based solely on the testimony of one witness per precinct, without examining the actual returns. The corrections increased Tiglao’s votes by 292 across the six precincts, overturning Sanga’s lead. The corrected returns also showed a discrepancy of 273 more votes for Representative than the number of voters who voted.
ISSUE
Whether the correction proceedings conducted by the Court of First Instance of Pampanga under Section 154 of the Revised Election Code were valid, and whether the court could order the opening of ballot boxes for an arithmetical recount in such proceedings.
RULING
Justice Zaldivar concurred in the dispositive portion annulling the proceedings and decision of the lower court and ordering a new hearing with notice and a summary recount of ballots. However, he dissented from the rationale. He concurred only to remedy the anomalous situation, agreeing that the proceedings were irregular and illegal, appearing as a device to overcome Sanga’s lead. He dissented on the interpretation of Section 154, arguing it only contemplates correction of honest mistakes discovered after the announcement of results, not a recount of ballots. He viewed the Court’s order to open ballot boxes as an extraordinary remedy to prevent injustice, not as a precedent under Section 154, which he believed should remain a summary proceeding without raising controversial issues or requiring a recount.