The Supreme Court ruled that the Commission on Elections (COMELEC) must adhere to due process in pre-proclamation cases, particularly concerning the exclusion of election returns. This decision emphasizes that proclamations based on improperly excluded returns are void, protecting the right to appeal and ensuring fair representation of voters’ will. This case highlights the necessity of following established procedures to maintain the integrity of electoral processes and prevent disenfranchisement.

Contested Votes: Can an Election Be Halted Prematurely?

The case of Randy C. Cambe v. COMELEC and Dominador M. Go arose from the May 14, 2007, local elections in Lasam, Cagayan, where Randy Cambe and Dominador Go were candidates for Sangguniang Bayan members. After an election return (No. 9601666) was challenged by Go for alleged irregularities, the Municipal Board of Canvassers (MBC) excluded it, leading to Go’s proclamation as the eighth member of the Sangguniang Bayan. Cambe contested this decision, arguing that the exclusion was improper and that the COMELEC erred in affirming the MBC’s ruling. At the heart of the matter was whether the COMELEC and the MBC followed proper procedure in excluding the contested election return and proclaiming Go, especially considering the potential disenfranchisement of voters.

One of the central issues addressed by the Supreme Court was the COMELEC’s jurisdiction in pre-proclamation controversies. The Court reiterated that, according to Section 3, Article IX-C of the Constitution, election cases, including pre-proclamation disputes, should initially be heard at the division level. This constitutional provision ensures a two-tiered adjudication process within the COMELEC. The rationale is to provide an initial review by a smaller panel before escalating to the full commission. The court emphasized that this structure allows for a more deliberate consideration of election-related disputes. It also prevents the COMELEC en banc from being overburdened with cases at the first instance.

The Court cited the constitutional mandate:

SEC. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.

This provision establishes a clear procedural hierarchy within the COMELEC. In the Cambe case, the COMELEC en banc’s direct involvement was deemed a violation of this constitutional framework, thus impacting the validity of its resolution.

Building on this principle, the Supreme Court examined the validity of Go’s proclamation. It emphasized the mandatory requirements outlined in Section 20 of Republic Act No. 7166, which governs the process following a board’s ruling on a petition for exclusion. The law requires that the board suspend the proclamation to allow the aggrieved party to file a notice of appeal within 48 hours and an appeal with the COMELEC within five days.

Section 20 of R.A. No. 7166 states:

(f) After all the uncontested returns have been canvassed and the contested returns ruled upon by it, the board shall suspend the canvass. Within forty-eight (48) hours therefrom, any party adversely affected by the ruling may file with the board a written and verified notice of appeal; and within an unextendible period of five (5) days thereafter, an appeal may be taken to the Commission.

(g) Immediately upon receipt of the notice of appeal, the board shall make an appropriate report to the Commission, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report.

(h) On the basis of the records and evidence elevated to it by the board, the Commission shall decide summarily the appeal within seven (7) days from receipt of the said records and evidence. Any appeal brought before the Commission on the ruling of the board, without the accomplished forms and the evidence appended thereto, shall be summarily dismissed.

(i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the objections brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.

The Supreme Court found that the MBC failed to comply with these requirements, as it immediately proclaimed Go after excluding the election return. This failure deprived Cambe of his right to appeal, rendering Go’s proclamation void ab initio. The Court highlighted that such a hasty proclamation undermines the integrity of the electoral process, potentially disenfranchising voters without due process.

Moreover, the Court also addressed the proper treatment of the questioned election return. It reiterated the general rule that canvassing boards should not look beyond the face of the returns if they appear authentic and duly accomplished. However, this rule does not apply when there is a prima facie showing that the return is not genuine. In such cases, the COMELEC has the authority to determine whether there is a basis for excluding the contested election return. This principle ensures that patently irregular returns do not undermine the integrity of the election results.

In this case, Election Return No. 9601666 presented a clear irregularity: the total votes cast for the vice-mayoralty position exceeded both the total number of voters who actually voted and the total number of registered voters. Such a discrepancy raised serious doubts about the authenticity of the return, justifying a closer examination by the COMELEC. The Court referenced Sections 235 and 236 of the Omnibus Election Code (OEC), which outline the procedure for handling tampered or falsified election returns. The OEC provides a mechanism for verifying the integrity of the returns and, if necessary, ordering a recount to determine the true results of the count.

Sections 235 and 236 of the OEC state:

Sec. 235. When election returns appear to be tampered with or falsified.-If the election returns submitted to the board of canvassers appear to be tampered with, altered or falsified after they have left the hands of the board of election inspectors, or otherwise not authentic, or were prepared by the board of election inspectors under duress, force, intimidation, or prepared by persons other than the member of the board of election inspectors, the board of canvassers shall use the other copies of said election returns and, if necessary, the copy inside the ballot box which upon previous authority given by the Commission may be retrieved in accordance with Section 220 hereof. If the other copies of the returns are likewise tampered with, altered, falsified, not authentic, prepared under duress, force, intimidation, or prepared by persons other than the members of the board of election inspectors, the board of canvassers or any candidate affected shall bring the matter to the attention of the Commission. The Commission shall then, after giving notice to all candidates concerned and after satisfying itself that nothing in the ballot box indicate that its identity and integrity have been violated, order the opening of the ballot box and, likewise after satisfying itself that the integrity of the ballots therein has been duly preserved shall order the board of election inspectors to recount the votes of the candidates affected and prepare a new return which shall then be used by the board of canvassers as basis of the canvass.

SEC. 236. Discrepancies in election returns. – In case it appears to the board of canvassers that there exists discrepancies in the other authentic copies of the election returns from a polling place or discrepancies in the votes of any candidate in words and figures in the same return, and in either case the difference affects the results of the election, the Commission, upon motion of the board of canvassers or any candidate affected and after due notice to all candidates concerned, shall proceed summarily to determine whether the integrity of the ballot box had been preserved, and once satisfied thereof shall order the opening of the ballot box to recount the votes cast in the polling place solely for the purpose of determining the true result of the count of votes of the candidates concerned.

The Supreme Court concluded that the MBC acted improperly by outrightly excluding Election Return No. 9601666 without complying with the established procedures. The COMELEC compounded this error by failing to recognize the irregularity of the MBC’s actions. This precipitate exclusion resulted in the unjustified disenfranchisement of the voters, impacting the very essence of representative democracy. The court underscored the necessity of adhering to statutory processes to protect the sanctity of the ballot and ensure fair election outcomes.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC followed the correct procedure when excluding an election return and proclaiming a winner, particularly concerning the right to appeal and due process.
Why did the Supreme Court rule against the COMELEC?	The Supreme Court ruled against the COMELEC because the COMELEC en banc heard the case in the first instance instead of a division, and the MBC failed to suspend the proclamation, depriving the petitioner of his right to appeal. This violated constitutional and statutory requirements for pre-proclamation controversies.
What is a pre-proclamation controversy?	A pre-proclamation controversy is a dispute affecting the proceedings of the board of canvassers, raised by a candidate or political party, concerning issues like incomplete or tampered election returns.
What does it mean for a proclamation to be void ab initio?	A proclamation that is void ab initio means it is invalid from the beginning, as if it never had any legal effect, due to serious procedural or legal errors.
What is the role of the Municipal Board of Canvassers (MBC)?	The MBC is responsible for canvassing election returns, ruling on objections, and proclaiming winners, but it must follow legal procedures to ensure fairness and due process.
Why is it important to follow the correct procedure in pre-proclamation cases?	Following the correct procedure ensures fairness, protects the right to appeal, and prevents the disenfranchisement of voters, maintaining the integrity of the electoral process.
What should the COMELEC do when an election return appears tampered?	The COMELEC should examine other copies of the return, and if still questionable, open the ballot box for a recount, ensuring the integrity of the ballots is preserved.
What was the discrepancy in Election Return No. 9601666?	The total votes cast for the vice-mayoralty position exceeded the total number of voters who actually voted and the total number of registered voters.

The Supreme Court’s decision in Cambe v. COMELEC serves as a reminder of the critical importance of adhering to procedural safeguards in election law. This case reinforces the need for the COMELEC and lower boards to respect due process, ensuring that every vote is properly counted and that candidates have a fair opportunity to contest election results. By setting aside the COMELEC’s resolution and declaring the Sangguniang Bayan seat vacant, the Court has prioritized electoral integrity and the protection of voters’ rights.

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: Randy C. Cambe v. COMELEC, G.R. No. 178456, January 30, 2008