Pet 005 Peralta (Digest)
G.R. No. P.E.T. Case No. 005, February 16, 2021
FERDINAND “BONGBONG” R. MARCOS, JR., PROTESTANT, VS. MARIA LEONOR “LENI DAANG MATUWID” G. ROBREDO, PROTESTEE.
FACTS
This is a separate opinion by Chief Justice Peralta in an election protest before the Presidential Electoral Tribunal (PET). The protest included a cause of action for the annulment of election results in Lanao del Sur, Maguindanao, and Basilan. The opinion concurs in the result of the main decision but provides a separate discussion on the applicability of the PET Rules to such a cause of action. The opinion references the landmark case of Abayon v. HRET to establish that electoral tribunals have the jurisdiction to annul election results as a concomitant power to their constitutional mandate to decide election contests. In Abayon, the House of Representatives Electoral Tribunal (HRET) annulled election results in five clustered precincts due to allegations of terrorism, but the Supreme Court ultimately set aside the decision for insufficient evidence, establishing a two-part standard for annulment.
ISSUE
Whether Rule 65 of the 2010 Rules of the Presidential Electoral Tribunal (PET Rules) should apply to the dismissal of election contests based on annulment of election results.
RULING
No. Rule 65 of the PET Rules should not apply. The annulment of election results is a distinct electoral remedy separate from ordinary election protests, which involve revision and recount of votes. Annulment cases require a detailed investigation into fraud, terrorism, violence, or other analogous causes, or a technical examination of the electoral system. The current PET Rules are not equipped to address the extraordinary demands of such contests. In the absence of specific rules, the Tribunal should, in the interim, utilize the Rules of Court and relevant Supreme Court and Tribunal decisions to facilitate the resolution of annulment cases. The Tribunal should be guided by liberalism in handling election contests, as they involve public interest and the need to ascertain the real choice of the electorate.