In Torres v. House of Representatives Electoral Tribunal, the Supreme Court affirmed the House of Representatives Electoral Tribunal’s (HRET) decision to rely on election returns over a physical ballot count where ballot tampering was evident. This ruling reinforces that while ballots are primary evidence in election disputes, their integrity is paramount. When ballots are compromised, election returns, if untainted, serve as reliable evidence to determine the true outcome of an election, ensuring the genuine will of the electorate is upheld.

When Ballots are Tainted: Can Election Returns Restore the Electoral Truth?

The case stemmed from an election protest filed by Jaime T. Torres against Ninfa S. Garin concerning the First Legislative District of Iloilo’s congressional seat. Torres contested Garin’s win, alleging that valid votes in his favor were invalidated, while invalid votes were counted for Garin. Garin counter-protested, accusing Torres of election fraud, particularly in Miag-ao and Tigbauan. During the revision process, discrepancies emerged, especially in 23 precincts of Miag-ao. The HRET found evidence of ballot switching and substitution, prompting a deeper examination of the ballots’ authenticity.

The HRET’s investigation revealed that many ballots lacked the security features of official ballots, such as watermarks and colored pigments. Expert testimony confirmed that these ballots were likely fake. Moreover, the number of fake ballots corresponded to the missing votes for Garin as reflected in the election returns. This led the HRET to conclude that the original ballots had been replaced during the post-counting stage. As a result, the Tribunal gave more credence to the election returns.

“In light of the foregoing, there is no doubt that the official ballots cast in the 23 precincts of Miag-ao have been tampered with and that the authentic ballots, now missing, have been replaced by fake ones.”

The HRET’s decision to rely on the election returns was grounded in the principle that the **integrity of the ballots must be maintained** to serve as primary evidence. In this case, the **ballots’ compromise necessitated reliance on the next best evidence**: the election returns. According to the HRET, these returns “appear untampered and have no signs of alterations.” Moreover, the Supreme Court has consistently held that in election contests, where the accuracy of vote counts is disputed, the **ballots are the best evidence**–*provided that* they are available and have not been tampered with.

This approach aligns with the legal principle articulated in Lerias vs. House of Representatives Electoral Tribunal, which underscores that the **ballots themselves are the best and most conclusive evidence** in election contests, provided they can be produced and remain untainted. However, when the ballots are unavailable or compromised, the election returns become the best available evidence. Moreover, canvassing boards, the COMELEC, and the HRET must exercise extreme caution in rejecting returns and may do so only upon the most convincing proof that the returns are obviously manufactured or fake.

The Supreme Court emphasized that the appreciation of contested ballots and election documents is a factual matter best left to the expertise of the HRET. Judicial review is limited to cases where grave abuse of discretion is evident. Furthermore, the Court stressed that the primary objective of ballot appreciation is to discern and give effect to the voters’ intentions. Consequently, every ballot is presumed valid unless there are clear reasons for its rejection. In the case at bar, the Court saw no grave abuse of discretion on the part of the HRET.

FAQs

What was the key issue in this case?	The key issue was whether the HRET committed grave abuse of discretion in relying on election returns instead of physical ballots in precincts where ballot tampering was evident.
Why did the HRET rely on election returns?	The HRET found evidence of ballot switching and substitution in several precincts, leading them to conclude that the physical ballots were compromised. In light of this, the election returns, which appeared untampered, were deemed more reliable.
What makes a ballot considered “marked” or invalid?	A ballot can be considered marked or invalid if it contains impertinent words, the voter’s name or signature, names of non-candidates, drawings, or numeric figures that serve no purpose other than to identify the ballot. However, not all irregularities invalidate a ballot.
What is the role of the House of Representatives Electoral Tribunal (HRET)?	The HRET is the sole judge of all contests relating to the election, returns, and qualifications of the members of the House of Representatives. It is responsible for resolving election disputes and ensuring the integrity of the electoral process.
What happens if the election returns are also suspected of tampering?	If the election returns are suspected of tampering, the Tribunal would need to consider other forms of evidence to determine the true outcome of the election. The party alleging that the election returns had been tampered with should submit proof of this allegation.
Can decisions of the HRET be appealed?	Decisions of the HRET can be reviewed by the Supreme Court, but only upon a showing of grave abuse of discretion on the part of the tribunal. The Court generally defers to the HRET’s expertise in electoral matters.
What principle guides the appreciation of ballots in election contests?	The cardinal principle is to discover and give effect to the intention of the voters, rather than to frustrate it. Every ballot is presumed valid unless there are clear and sufficient reasons to justify its rejection.
What are pilot precincts, and why are they important?	Pilot precincts are a subset of precincts selected by each party to exemplify the alleged electoral irregularities or fraud. The results from these pilot precincts inform the Tribunal’s decision on whether to dismiss the protest or proceed with further proceedings in the remaining precincts.

The Supreme Court’s decision in Torres v. House of Representatives Electoral Tribunal underscores the judiciary’s commitment to upholding the integrity of the electoral process. This case highlights that when evidence suggests tampering with physical ballots, election returns can be relied upon as a more credible source. It reinforces that the will of the electorate must be protected by employing all legally permissible means.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JAIME T. TORRES, PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND NINFA GARIN, RESPONDENTS., G.R. No. 144491, February 06, 2001