GR L 69932; (October, 1985) (Digest)
G.R. No. L-69932 October 8, 1985
ANTONIO S. CALIMBAS, petitioner, vs. HON. COMMISSION ON ELECTIONS and ARMANDO M. QUIMLAT, respondents.
FACTS
In the 1980 local elections for Mayor of Morong, Bataan, petitioner Antonio Calimbas was proclaimed winner by the Municipal Board of Canvassers with 2,545 votes against respondent Armando Quimlat’s 2,103 votes. Quimlat filed an election protest, specifically alleging massive fraud in Voting Center No. 1 of Mabayo, claiming only 299 voters actually voted but 644 votes were counted. The Court of First Instance dismissed the protest, upholding Calimbas’s victory. On appeal, the COMELEC reversed the trial court. It nullified all votes from Voting Center No. 1, finding 151 excess votes based on a computation that only 229 voters were registered or actually voted, against 380 ballots counted. This annulment changed the result, declaring Quimlat the winner.
ISSUE
Did the COMELEC commit grave abuse of discretion in nullifying the votes from Voting Center No. 1, Mabayo, based on its finding of 151 excess votes?
RULING
Yes, the Supreme Court ruled that the COMELEC gravely abused its discretion. Its fundamental error was equating “registered voters” with “voters who actually voted.” The COMELEC erroneously used the figure 229 as the number of registered voters to compute excess votes. Upon the Supreme Court’s directive, the COMELEC itself submitted the official Certified List of Registered Voters for the center, which showed 491 registered voters. A physical count by court commissioners established that 380 voters actually cast their votes, and 380 ballots were found in the ballot box. Therefore, comparing the actual ballots (380) with the number of actual voters (380) revealed no excess voting. The COMELEC’s reliance on inconsistent data from election minutes, without verifying the official list of voters, was a reversible error. The Court emphasized that the power to nullify elections must be exercised with extreme caution only in cases of fundamental and wanton disregard of the law, which was not present. Consequently, the Supreme Court set aside the COMELEC decision and reinstated the trial court’s judgment proclaiming Antonio Calimbas as the duly elected Mayor.