ASG Law

Tag: Canvassing Procedures

  • Integrity of Election Returns: When Can a Proclamation be Voided?

    The Supreme Court has affirmed that a proclamation based on an illegal canvass can be voided, even after a candidate has assumed office. This ruling emphasizes the importance of following prescribed procedures during the canvassing of election returns. It underscores the Commission on Elections’ (COMELEC) authority to ensure that election outcomes reflect the genuine will of the electorate by adhering to the legal requirements for canvassing contested election returns and ensuring fair proceedings. Ultimately, it prevents candidates proclaimed without proper canvassing or facing valid objections from consolidating their power.

    Dubious Returns: Was the Mayor’s Proclamation a Travesty of the Electoral Process?

    Raymond P. Espidol, then a re-electionist, was proclaimed the duly-elected municipal mayor of Ramon, Isabela, during the May 10, 2004 elections. His rival, Wilfredo Tabag, filed a petition with the COMELEC for annulment of Espidol’s proclamation, alleging irregularities in the proceedings of the Municipal Board of Canvassers (MBC). Tabag claimed that the MBC acted with grave abuse of discretion in proclaiming Espidol as the winner despite pending and unresolved appeals, petitions for exclusion that lacked proper hearing and written rulings, and returns whose integrity he challenged. The COMELEC en banc affirmed the Second Division’s Resolution that found the MBC did not adhere to canvassing procedures and formally annulled Espidol’s proclamation, which led Espidol to file a petition for certiorari and prohibition before the Supreme Court, arguing that the COMELEC had committed grave abuse of discretion.

    Section 20 of Republic Act (R.A.) No. 7166 outlines the procedures for the disposition of contested election returns. This law requires that any candidate contesting the inclusion or exclusion of election returns must submit their objections orally to the chairman of the board of canvassers, with such objection to be recorded in the minutes. Simultaneously, the objecting party must enter their objection in a prescribed written form and, within 24 hours, submit evidence supporting their claim. This process ensures transparency and provides an opportunity for the board to consider all presented evidence before making a ruling. The law mandates the board to enter its ruling on a prescribed form, authenticated by the signatures of its members.

    In the present case, Tabag’s lawyers sought the exclusion of election returns based on various grounds, including the absence of inner paper seals, lack of signatures from the Board of Election Inspectors (BEI) chairmen, and the absence of thumbprints of the BEI members. The MBC included the contested election returns despite these objections and failed to provide written rulings on these petitions for exclusion. De Guzman, Chairman of the MBC, even admitted the board did not provide any formal or written rulings on the objections raised. Moreover, evidence showed the MBC proclaimed Espidol barely 12 hours after the conclusion of the canvassing of votes, which deprived Tabag of the chance to substantiate his objections with evidence and written arguments.

    Espidol maintained that the MBC should not be faulted for failing to make written rulings on Tabag’s objections, given that most were not reduced to writing, violating Section 20(c) of R.A. No. 7166. The Supreme Court did not agree with this strict construction, opining that a submission of the written objection within 24 hours of the oral objection is substantial compliance with the law. The Supreme Court stated that strict compliance with Section 20(c) is not necessary for objections that are in the interest of fair elections. The Court then explained the issues raised were indeed proper subjects of a pre-proclamation controversy. The lack of signatures and thumbmarks rendered the said election returns materially defective.

    Sec. 234. Material defects in the election returns. – If it should appear that some requisites in form or data had been omitted in the election returns, the board of canvassers shall call for all the members of the board of election inspectors concerned by the most expeditious means, for the same board to effect the correction.

    This landmark case emphasized that the board of canvassers must enter its rulings in writing, stating that failure to do so prejudices the objecting party’s right to elevate the matter to the COMELEC for review. Without written rulings, the COMELEC cannot evaluate the propriety of the inclusion or exclusion of contested returns, potentially leading to a proclamation based on flawed data. The Supreme Court held that Espidol’s proclamation was premature and unlawful. By extension, Tabag was deprived of the opportunity to appeal to the COMELEC. Citing Jamil v. Comelec, the Supreme Court emphasized that when no ruling is issued on the inclusion or exclusion of disputed returns, no complete and valid canvass exists, which is a prerequisite to a valid proclamation.

    In addition to the violations of canvassing procedure, the COMELEC Second Division discovered discrepancies between the votes cast for mayoralty candidates and the number of registered voters who actually voted. The total votes for mayoralty candidates exceeded the actual voters by 858. Likewise, Chairman De Guzman himself admitted the presence of threats and intimidation that hurried the process. Overall, the Court ruled that COMELEC acted within its jurisdiction and the Supreme Court denied the petition.

    FAQs

    What was the main issue in this case? The central issue was whether the COMELEC committed grave abuse of discretion in annulling the proclamation of Raymond Espidol as mayor due to irregularities in the canvassing of election returns.
    What are some grounds for contesting election returns? Election returns can be contested if they are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies. Also, they can be contested if returns were prepared under duress, threats, coercion, or intimidation.
    What did Section 20 of R.A. No. 7166 say about objecting to election returns? This law states that objections must be made orally and in writing, with the objecting party providing evidence within 24 hours. The Board of Canvassers must then rule on these objections in writing.
    Why were the signatures and thumbprints of the BEI members important? Their presence serves as an authentication measure to ensure the integrity of the election returns. The absence of these signatures and thumbprints renders the election returns materially defective.
    Can a winning candidate’s proclamation be annulled after they’ve assumed office? Yes, if the proclamation was based on an illegal canvass or other serious irregularities. The COMELEC’s authority to annul illegal proclamations persists even after the candidate has assumed office.
    What is the remedy if one believes an election was improperly decided? The remedy depends on the stage of the election process. Before proclamation, a party can contest the results via pre-proclamation controversies; after proclamation, the recourse is typically an election protest.
    Why didn’t strict compliance with Section 20(c) matter? Substantial compliance is enough when the written objection is made within 24 hours from when the oral objection was made, and objections are in the interest of fair elections.
    What happens when the number of votes doesn’t match registered voters? This is evidence that there was likely a deliberate attempt to pad the results, indicating a compromised election process and necessitating further review.

    This case serves as a potent reminder of the necessity for election authorities to strictly adhere to the prescribed procedures for canvassing and ruling on contested returns. Ensuring this adherence can prevent fraudulent proclamations. This upholds the sanctity of the ballot and the democratic process itself.

    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: Espidol v. COMELEC, G.R. No. 164922, October 11, 2005

  • Election Protests: Ensuring Fair Canvassing and Valid Proclamations

    Fair Elections Require Complete and Valid Canvassing: A Case of Disputed Returns

    TLDR: This case highlights the critical importance of a complete and valid canvass in Philippine elections. Both proclamations in this case were deemed invalid because the canvassing process was flawed, emphasizing the need for election boards to follow procedures meticulously and for the COMELEC to resolve disputes promptly to ensure the true will of the electorate is upheld. When election returns are contested, the board must follow specific procedures and obtain authorization from the COMELEC before proclaiming a winner. Failure to do so can invalidate the entire process.

    G.R. No. 123648, December 15, 1997

    Introduction

    Imagine casting your vote, believing it will contribute to the democratic process. But what if the election returns from your precinct are contested, and the Board of Canvassers (MBC) fails to properly address the objections? This scenario can lead to disputes, invalid proclamations, and a challenge to the very foundation of a fair election. The case of Abdullah A. Jamil vs. The Commission on Elections illustrates the critical importance of a complete and valid canvass in Philippine elections, emphasizing the need for election boards to follow procedures meticulously and for the COMELEC to resolve disputes promptly.

    In the 1995 mayoral race of Sultan Gumander, Lanao del Sur, Abdullah A. Jamil and Alinader Balindong were the leading candidates. During the canvassing of election returns, objections were raised regarding the validity of returns from several precincts. The ensuing disputes led to two separate proclamations, each claiming victory. The Supreme Court was ultimately tasked with determining which, if any, of these proclamations was valid.

    Legal Context

    Philippine election law is governed primarily by the Omnibus Election Code (OEC) and Republic Act No. 7166, which outline the procedures for conducting elections, canvassing votes, and resolving disputes. Key provisions relevant to this case include:

    • Section 245 of the OEC: This section governs contested election returns, requiring the Board of Canvassers to defer canvassing contested returns and to submit objections to the COMELEC for resolution before proclaiming a winner. The exact provision states: “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 and any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.”
    • COMELEC Rules of Procedure, Rule 18, Section 6: This rule addresses situations where the COMELEC en banc is equally divided in opinion, stating that the motion shall be denied.

    These provisions ensure that all votes are properly counted and that any objections are thoroughly reviewed before a winner is declared. Previous Supreme Court decisions, such as Samad v. COMELEC, have consistently held that an incomplete canvass of votes is illegal and cannot be the basis of a valid proclamation.

    Case Breakdown

    The drama unfolded in Sultan Gumander following the May 8, 1995 elections:

    1. Initial Objections: During the canvassing, private respondent Balindong objected to the inclusion of returns from Precincts 5, 10-1, 20-1, and 20, citing duress, spuriousness, and missing original copies.
    2. Sansarona MBC “Rulings”: The initial MBC, led by Saadia Sansarona, issued “rulings” that merely set aside the returns for further investigation, without making definitive decisions.
    3. Macadato MBC Takes Over: A new MBC, chaired by Casan Macadato, was formed. Macadato conducted investigations and recommended including the returns, but again, without a formal ruling.
    4. Conflicting Appeals: Balindong appealed the inclusion of Precinct 20 returns (SPC No. 95-271), while Jamil appealed the setting aside of returns from Precincts 5, 10-1, and 20-1 (SPC No. 95-272).
    5. First Proclamation: Despite the pending appeals, the Macadato Board proclaimed Jamil as the winner.
    6. COMELEC Intervention: The COMELEC’s Second Division annulled Jamil’s proclamation and ordered a new MBC to proclaim Balindong.
    7. Second Proclamation: The new MBC, led by Darangina Cariga, proclaimed Balindong as the winner.
    8. COMELEC En Banc Deadlock: The COMELEC en banc was evenly divided on Jamil’s motion for reconsideration, resulting in the denial of the motion.

    The Supreme Court highlighted the flaws in both proclamations. Regarding Jamil’s proclamation, the Court emphasized that the Macadato MBC’s investigation report was not a definitive ruling and that “[t]here being no ruling on the inclusion or exclusion of the disputed returns, there could have been no complete and valid canvass which is a prerequisite to a valid proclamation.” Furthermore, the Court cited Section 245 of the Omnibus Election Code, noting that the MBC lacked COMELEC authorization to proclaim a winner while returns were contested.

    As for Balindong’s proclamation, the Court stated that it “was not predicated on a complete and valid canvass, but on supposed ‘rulings’ of the Sansarona MBC which merely ‘set aside for further investigation’ the three (3) challenged election returns from Precinct Nos. 5, 10-1 and 20-1.” The Court reiterated the established rule that an incomplete canvass cannot be the basis of a valid proclamation.

    Practical Implications

    This case underscores the importance of adhering to proper procedures in election canvassing and dispute resolution. For candidates and political parties, it serves as a reminder to:

    • Scrutinize the Canvassing Process: Closely monitor the canvassing of election returns and promptly raise objections to any irregularities.
    • Follow Legal Procedures: Ensure that all objections and appeals are filed in accordance with the prescribed timelines and procedures.
    • Seek COMELEC Authorization: Be aware that the Board of Canvassers cannot proclaim a winner if returns are contested unless authorized by the COMELEC.

    Key Lessons

    • Complete Canvass is Essential: A valid proclamation requires a complete canvass of all election returns.
    • Proper Rulings are Necessary: The MBC must issue definitive rulings on the inclusion or exclusion of contested returns.
    • COMELEC Authorization is Mandatory: Proclamation cannot occur without COMELEC authorization when returns are contested.

    Frequently Asked Questions

    Q: What happens if the Board of Canvassers fails to rule on objections to election returns?

    A: If the Board of Canvassers fails to issue definitive rulings on objections, the canvass is considered incomplete, and any subsequent proclamation may be deemed invalid.

    Q: Can a candidate be proclaimed winner if there are pending appeals regarding contested election returns?

    A: No, the Board of Canvassers cannot proclaim a winner if there are pending appeals regarding contested election returns unless authorized by the COMELEC.

    Q: What is the effect of an incomplete canvass on the validity of an election?

    A: An incomplete canvass is illegal and cannot be the basis of a valid proclamation. It effectively disenfranchises the voters in the affected precincts.

    Q: What recourse does a candidate have if they believe the canvassing process was flawed?

    A: A candidate can file an appeal with the COMELEC, seeking to annul the proclamation and order a new canvass based on proper procedures.

    Q: What is the role of the COMELEC in resolving election disputes?

    A: The COMELEC has the authority to resolve election disputes, including objections to election returns, and to ensure that the canvassing process is conducted fairly and in accordance with the law.

    ASG Law specializes in election law and dispute resolution. Contact us or email hello@asglawpartners.com to schedule a consultation.