In the Philippines, election disputes are serious business, and how these disputes are resolved can significantly impact who holds office. The Supreme Court case of Joselito R. Mendoza v. Commission on Elections and Roberto M. Pagdanganan clarifies what happens when the Commission on Elections (COMELEC) can’t reach a majority decision on an election protest. The Court ruled that if the COMELEC En Banc is equally divided or lacks a majority after a rehearing, and the case originated in the COMELEC, the election protest must be dismissed, it emphasized the importance of adhering to the COMELEC’s own rules and procedures to ensure fairness and transparency in resolving election disputes.

Bulacan’s Gubernatorial Battle: Can a Divided COMELEC Decide an Election’s Fate?

The case revolves around the 2007 gubernatorial election in Bulacan. Joselito Mendoza was initially proclaimed the winner, but Roberto Pagdanganan filed an election protest alleging massive fraud. The COMELEC’s Second Division sided with Pagdanganan, annulling Mendoza’s proclamation. Mendoza then appealed to the COMELEC En Banc, which is the entire commission sitting together. However, the En Banc was deadlocked, with an equal number of votes for and against Mendoza. This deadlock raised a critical legal question: What happens when the COMELEC can’t reach a majority decision? Does the lower division’s ruling stand, or does the entire protest get thrown out?

The Supreme Court turned to the COMELEC Rules of Procedure, specifically Section 6, Rule 18, which addresses situations where the Commission is equally divided. This section states:

Sec. 6. Procedure if Opinion is Equally Divided. – When the Commission en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall be reheard, and if on rehearing no decision is reached, the action or proceeding shall be dismissed if originally commenced in the Commission; in appealed cases, the judgment or order appealed from shall stand affirmed; and in all incidental matters, the petition or motion shall be denied.

The Court emphasized the plain language of this rule. Since Pagdanganan’s election protest was initially filed with the COMELEC, the Court reasoned that the protest should be dismissed. The Court rejected arguments that the Second Division’s decision should stand, clarifying that there is no concept of an “appeal” within the COMELEC itself.

The Court also addressed concerns that this interpretation would undermine the COMELEC’s authority. It explained that the rule was designed to expedite election cases, ensuring a clear outcome even when the Commission is divided. Either the lower court decision is affirmed, or the original action is dismissed. This prevents cases from dragging on indefinitely due to internal disagreements within the COMELEC.

A key part of the Court’s reasoning involved interpreting Section 3, Article IX(C) of the Constitution, which outlines the COMELEC’s structure and powers. The Court noted that all election cases are initially heard and decided by a division. Motions for reconsideration are then decided by the En Banc. The Court interpreted this as one integrated process: a hearing and decision in the division, followed by a decision on reconsideration by the En Banc.

Here’s a comparison of how the process works for cases originally filed in the COMELEC versus those appealed to it:

Case Type	Division Decision	En Banc Outcome (No Majority)
Originally Filed in COMELEC	Decision Made	Protest Dismissed
Appealed to COMELEC	Decision Made	Lower Court Decision Affirmed

The Supreme Court also found that the COMELEC committed a grave abuse of discretion by ignoring its own rules and proceeding with resolutions that annulled Mendoza’s proclamation despite the lack of a majority vote. This underscored the importance of the COMELEC adhering to its own procedures.

Acting Chief Justice Carpio wrote a separate concurring opinion, agreeing with the result but for a different reason. Carpio focused on the fact that the COMELEC had not properly appreciated the contested ballots. Specifically, the COMELEC invalidated ballots based on handwriting analysis without considering the possibility of assisted voters or clearly specifying the markings that led to the invalidation. Carpio emphasized the need for caution when invalidating ballots, stating that every ballot should be presumed valid unless there is a clear reason to reject it.

Justice Carpio Morales also wrote a separate opinion, where she argued that the petitioner wasn’t guity of forum shopping and the petition wasn’t premature. She however dissented on what happens when the COMELEC en banc doesn’t reach the necessary majority after a rehearing, and submitted that, on the merits of the case, the COMELEC gravely abused its discretion amounting to lack or excess of jurisdiction.

The dissenting justices, Leonardo-De Castro and Abad, argued that the COMELEC’s failure to obtain a majority vote on Mendoza’s motion for reconsideration should not result in the dismissal of the election protest. They believed that the Second Division’s decision should stand. They maintained that the COMELEC Rules should be interpreted in harmony with the Constitution, preserving the division’s power to hear and decide election cases.

This case serves as a reminder of the critical role of procedural rules in ensuring fairness and transparency in election disputes. It highlights the importance of the COMELEC adhering to its own rules, even when faced with complex and politically charged situations. It also emphasizes the need for a clear and consistent approach to ballot appreciation, ensuring that every vote is counted fairly.

FAQs

What was the key issue in this case?	The key issue was what happens when the COMELEC En Banc is unable to reach a majority decision on a motion for reconsideration in an election protest case. Specifically, whether the original protest is dismissed, or the lower division’s ruling stands.
What did the Supreme Court rule?	The Supreme Court ruled that if the COMELEC En Banc is equally divided or lacks a majority after a rehearing, and the case originated in the COMELEC, the election protest must be dismissed.
Why was the COMELEC’s decision overturned?	The COMELEC’s decision was overturned because it did not follow its own rules of procedure. The Court found that the COMELEC ignored its own decree in annulling the proclamation of the petitioner.
What is the significance of Section 6, Rule 18 of the COMELEC Rules?	Section 6, Rule 18 outlines the procedure to follow when the COMELEC En Banc is equally divided or lacks the necessary majority. It mandates the dismissal of the action or proceeding if originally commenced in the COMELEC.
What happens in appealed cases when the COMELEC is divided?	In appealed cases, the judgment or order appealed from stands affirmed. This distinction is based on whether the case originated in the COMELEC or was appealed to it from a lower court.
What does it mean to say there is no “appeal” within the COMELEC?	It means that the motion for reconsideration is part of the original action and thus the first decision cannot be affirmed if the second vote yields no majority.
What was the concurring opinion about?	The concurring opinion focused on the COMELEC’s failure to properly appreciate the contested ballots. It emphasized the need for caution when invalidating ballots and the importance of considering assisted voters.
What does the dissenting opinion say?	The dissenting justices argued that the COMELEC’s failure to obtain a majority vote on the motion for reconsideration should not result in the dismissal of the election protest. They believed that the Second Division’s decision should stand.

This case offers a clear illustration of the importance of procedural rules and consistent application in election law. It also highlights the tension between ensuring a decisive outcome and respecting the integrity of the electoral process.

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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: Mendoza v. COMELEC, G.R. No. 191084, March 25, 2010