The Supreme Court in Rose Marie D. Doromal v. Hernan G. Biron and COMELEC, emphasized the importance of adhering to established rules when evaluating election returns. The Court underscored that excluding election returns based on tampering requires substantial evidence and caution. The COMELEC must follow the procedures outlined in the Omnibus Election Code (OEC) when discrepancies arise, particularly concerning verifying the authenticity of election returns and protecting the voters’ right to choose their leaders. This case serves as a reminder of the need for meticulous adherence to election laws to preserve the integrity of the electoral process.

Missing Taras and Disputed Ballots: Can Imperfect Election Returns Disenfranchise Voters?

In Dumangas, Iloilo, the 2007 vice-mayoral race between Rose Marie D. Doromal and Hernan G. Biron was hotly contested. During the canvassing of votes, Biron challenged the inclusion of 25 election returns, alleging missing ‘taras’ (tally marks) and discrepancies between the votes stated in the returns and the certificates of votes issued by the Board of Election Inspectors (BEI). The Municipal Board of Canvassers (MBC) initially denied these objections, finding no evidence of tampering. Biron appealed to the COMELEC, which led to the exclusion of 11 election returns, swinging the election in his favor. Doromal then brought the case to the Supreme Court, arguing that the COMELEC had acted with grave abuse of discretion by excluding these returns without proper basis.

The Supreme Court emphasized critical guidelines for appreciating election returns. First, a certificate of votes used to challenge election returns must adhere to Sections 16 and 17 of RA 6646. Next, excluding election returns due to tampering requires clear and convincing evidence. Finally, discrepancies among copies of election returns should follow Section 236 of the OEC. The Court found that the COMELEC had failed to adhere to these principles, thereby disenfranchising voters.

The Court delved into the admissibility of certificates of votes as evidence. Section 17 of RA 6646 allows their use to prove tampering, but only if they comply with Section 16, which mandates specific details. Section 16 of RA 6646 states:

Sec. 16. Certificates of Votes. – After the counting of the votes cast in the precinct and announcement of the results of the election, and before leaving the polling place, the board of election inspectors shall issue a certificate of votes upon request of the duly accredited watchers. The certificate shall contain the number of votes obtained by each candidate written in words and figures, the number of the precinct, the name of the city or municipality and province, the total number of voters who voted in the precinct and the date and time issued, and shall be signed and thumbmarked by each member of the board.

The Court found that the certificates of votes from several contested precincts lacked essential details such as thumbprints of BEI members, the total number of voters, and the time of issuance. Moreover, Biron failed to authenticate these certificates with testimonial or documentary evidence from at least two BEI members as required by Section 17 of RA 6646.

Addressing the COMELEC’s reliance on affidavits from Biron’s poll watchers, the Court deemed them self-serving and inadequate. The Court stated that:

In the absence of clearly convincing evidence, the validity of election returns must be upheld. A conclusion that an election return is obviously manufactured or false and consequently should be disregarded in the canvass must be approached with extreme caution and only upon the most convincing proof. Corrolarily, any plausible explanation, one which is acceptable to a reasonable man in the light of experience and of the probabilities of the situation, should suffice to avoid outright nullification, which results in disenfranchisement of those who exercised their right of suffrage.

The Court found that the affidavits failed to conclusively prove tampering. The missing ‘taras’ in some election returns did not automatically indicate fraud, especially since discrepancies can arise from misaligned carbon copies or other simple errors. The Court noted that discrepancies were minor and did not warrant the exclusion of the election returns.

The Supreme Court emphasized the procedure to follow when discrepancies arise in election returns. Section 236 of the Omnibus Election Code provides a clear path. According to the Court:

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 Court ordered the COMELEC to canvass the disputed election returns. If discrepancies affected the election’s outcome, the COMELEC was instructed to check the integrity of the ballot boxes. If secure, a recount would follow. If the integrity of the ballots was violated, the COMELEC should seal the box for safekeeping. The court underscored that excluding election returns outright, resulting in disenfranchisement, was a highly irregular act.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC committed grave abuse of discretion in excluding certain election returns during the canvassing of votes for the vice mayoralty position in Dumangas, Iloilo. This revolved around allegations of tampering and discrepancies in the election returns.
What is a ‘tara’ in election law?	A ‘tara’ refers to the tally marks used to record votes during the counting process at the precinct level. Each vertical line represents one vote, with every fifth vote marked by a diagonal line crossing the previous four.
Under what conditions can a certificate of votes be used as evidence of tampering?	A certificate of votes can be used as evidence of tampering if it complies with Sections 16 and 17 of RA 6646, which require it to be complete, duly signed and thumbmarked by each member of the BEI, and authenticated by at least two members of the BEI.
What procedure should be followed if there are discrepancies in election returns?	If there are discrepancies in election returns, Section 236 of the Omnibus Election Code should be followed. This involves determining the integrity of the ballot box, and if preserved, ordering the opening of the box to recount the votes.
Why did the Supreme Court find the COMELEC’s actions to be a grave abuse of discretion?	The Supreme Court found that COMELEC acted with grave abuse of discretion by excluding election returns without clear and convincing evidence of tampering, and without following the proper procedures outlined in the OEC. This led to the disenfranchisement of voters and undermined the integrity of the electoral process.
What was the role of poll watchers’ affidavits in this case?	The Supreme Court deemed the poll watchers’ affidavits self-serving and inadequate to establish tampering. The affidavits primarily highlighted procedural lapses and observations made after the tallying process, rather than direct evidence of fraudulent activity during the counting of votes.
What is the significance of Section 236 of the Omnibus Election Code?	Section 236 of the Omnibus Election Code provides a crucial mechanism for addressing discrepancies in election returns. It emphasizes verifying the integrity of the ballot box and ballots, and mandating a recount if necessary, to ensure the true will of the electorate is accurately reflected in the election results.
What was the final order of the Supreme Court in this case?	The Supreme Court nullified the COMELEC’s Resolution and ordered the COMELEC to include the excluded election returns in the canvassing of votes, and to proceed in accordance with Section 236 of the Omnibus Election Code to determine the true results of the election.

This case underscores the judiciary’s commitment to safeguarding the integrity of the electoral process. By requiring strict adherence to established legal procedures and emphasizing the importance of clear evidence, the Supreme Court has set a high standard for fairness and transparency in Philippine elections. Preserving the sanctity of the ballot remains paramount in upholding the democratic principles of the nation.

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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: Doromal v. Biron, G.R. No. 181809, February 17, 2010