G.R. No. L-58578 November 2, 1982
JOSE GEROMO, petitioner, vs. COMMISSION ON ELECTIONS, HON. ASAALI S. ISNANI and PACIANO GUILLEN, respondents.

FACTS

In the January 30, 1980 local elections, petitioner Jose Geromo was proclaimed Mayor of Molave, Zamboanga del Sur, with 4,993 votes against private respondent Paciano Guillen’s 4,886. Guillen filed an election protest. The Court of First Instance, after a revision of ballots from specified voting centers and consideration of a certification (Exhibit “B”) from the Election Registrar detailing votes from unprotested precincts, annulled Geromo’s proclamation. The court credited Guillen with 5,219 votes and Geromo with 4,952, declaring Guillen the duly elected mayor. The COMELEC affirmed this decision.

ISSUE

The primary issues are: (1) the admissibility and evidentiary value of Exhibit “B”; and (2) the validity of the election results in certain voting centers.

RULING

The Supreme Court dismissed the petition, affirming the lower court and COMELEC rulings. On the first issue, the Court held Exhibit “B” admissible as a public document, being an official certification by the Election Registrar. It constitutes prima facie evidence of the facts stated therein. The Court found no merit in the claim that COMELEC did not review it, as the record showed it was part of the evidence. On the second issue, the Court upheld the trial court’s factual findings regarding the contested voting centers, including the appreciation of ballots and the dismissal of allegations of irregularities like ballot box switching. The trial court meticulously examined the ballot boxes and ballots, and its findings, affirmed by COMELEC, are binding absent a clear showing of grave abuse of discretion. The Court found no such abuse, noting the detailed and judicious procedures followed by both the trial court and COMELEC in evaluating the evidence.