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PHILIPPINE SUPREME
COURT
DECISIONS
SONIA R. LORENZO,
G.R.
No.
158371
-versus- COMMISSION ON
ELECTIONS,
BENJAMIN S. ABALOS, SR.,
D E C I S I O N
YNARES-SANTIAGO, J.:chanroblesvirtuallawlibrary Petitioner Sonia R. Lorenzo and respondent Nestor B. Magno were rival candidates for Mayor of San Isidro, Nueva Ecija in the local elections of May 14, 2001. A certain Carlos Montes, resident of San Isidro, filed with the Commission on Elections a petition, docketed as SPA 01-153, for the disqualification of respondent Magno as a candidate on the ground of his conviction by the Sandiganbayan of four counts of Direct Bribery. On May 7, 2001, the COMELEC Second Division issued a Resolution disqualifying respondent Magno. This was affirmed on appeal by the COMELEC En Banc on May 12, 2001.chanrobles virtuallaw libraryred The aforesaid Resolution was disseminated for implementation by the Municipal Board of Canvassers of San Isidro. Hence, on May 18, 2001, petitioner Lorenzo was proclaimed as the Mayor-elect of San Isidro.chanrobles virtuallaw libraryred Meanwhile, respondent Magno brought a petition for certiorari before this Court, assailing his disqualification by the COMELEC, which petition was docketed as G.R. No. 147904. On October 4, 2002, this Court rendered a Decision reversing and setting aside the two challenged Resolutions of the COMELEC dated May 7 and 12, 2001, and declaring that Magno was under no disqualification to run for mayor of San Isidro, Nueva Ecija in the May 14, 2001 elections. The relevant portion of the Decision reads:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
On October 21, 2002, respondent Magno filed an Omnibus Motion with the COMELEC in SPA 01-153, seeking:chanroblesvirtuallawlibrary
The COMELEC En Banc thereafter issued a Resolution dated May 13, 2003, wherein it (a) ordered the creation of new Boards of Election Inspectors for all precincts in the municipality of San Isidro, for the purpose of counting the votes cast for Magno and preparing new election returns for submission to the Municipal Board of Canvassers of San Isidro; and (b) constituted a new Municipal Board of Canvassers for the purpose of canvassing said election returns and submitting the results to the COMELEC.chanrobles virtuallaw libraryred Subsequently, on May 22, 2003, the COMELEC partially modified the above Resolution to order the immediate constitution of a new Municipal Board of Canvassers, it appearing that the old Municipal Board of Canvassers of San Isidro, Nueva Ecija had already canvassed all the election returns for all precincts except the votes for Magno. The COMELEC reiterated the directive in an Order dated June 10, 2003, and ordered the immediate implementation and execution thereof.chanrobles virtuallaw libraryred Hence, the instant petition for certiorari and mandamus, assailing the validity of the Resolution dated May 13, 2003 and the Orders dated May 22, 2003 and June 10, 2003.chanrobles virtuallaw libraryred On June 17, 2003, this Court directed public respondents to observe the status quo prevailing before the filing of the petition.chanrobles virtuallaw libraryred Petitioner argues that the COMELEC's order for the canvass of votes defies this Court's ruling in G.R. No. 147904 that Magno should have filed an election protest.chanrobles virtuallaw libraryred We find in favor of the respondent.cralaw:red Well settled is the doctrine that election contests involve public interest, and technicalities and procedural barriers should not be allowed to stand if they constitute an obstacle to the determination of the true will of the electorate in the choice of their elective officials.[2] Also settled is the rule that laws governing election contests must be liberally construed to the end that the will of the people in the choice of public officials may not be defeated by mere technical objections.[3] In an election case, the court has an imperative duty to ascertain by all means within its command who is the real candidate elected by the electorate.[4]chanrobles virtuallaw libraryred As a general rule, the proper remedy after the proclamation of the winning candidate for the position contested would be to file a regular election protest or a petition for quo warranto.[5] This rule, however, admits of exceptions, to wit:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
This case falls squarely within the fifth exception to the general rule, i.e. the proclamation of Lorenzo as Mayor of San Isidro was null and void. As of May 18, 2001, the date on which Lorenzo was proclaimed Mayor-elect of San Isidro, the question as regards Magno's qualifications for said post was still pending, and was raised as an issue before this Court in certiorari proceedings in G.R. No. 147904. The question of Magno's qualifications for the office of Mayor was not resolved until October 4, 2002, when we expressly ruled that Magno was qualified for said post.[7]chanrobles virtuallaw libraryred Since the question of Magno's eligibility for the position of Mayor was still pending, the canvass which excluded Magno from the list of qualified candidates was an incomplete canvass, and Lorenzo's proclamation, on the basis thereof, was illegal. An incomplete canvass is illegal and cannot be the basis of a valid proclamation.[8]chanrobles virtuallaw libraryred In a long line of cases, we have affirmed the power of the COMELEC to annul an illegal canvass and an illegal proclamation,[9] which respondent COMELEC has implicitly done in its Resolution of May 13, 2003 and Orders of May 22, 2003 and June 10, 2003.chanrobles virtuallaw libraryred Moreover, as correctly argued by the Solicitor General, respondent Magno cannot be faulted for his failure to file an election protest.[10] The question of his qualification or disqualification for the position of Mayor had not yet been settled as of the expiration of the ten-day reglementary period. As such, Magno was not yet eligible to file an election protest and, therefore, the fact that no such protest was filed should not be an impediment to his proclamation as mayor if the results of the canvass of the new Municipal Board of Canvassers would show that he garnered the highest number of votes.chanrobles virtuallaw libraryred Petitioner's other contentions - that she was denied due process,[11] and that the COMELEC Chairman modified an en banc resolution without notice and hearing[12] - deserve scant consideration. chanrobles virtuallaw libraryred First, the records of the case clearly show that petitioner was given full opportunity to participate in SPA 01-153, both via due notice of and attendance at hearings and the opportunity to submit memoranda and pleadings.chanrobles virtuallaw libraryred Second, there was no substantial modification of the COMELEC's En Banc Resolution dated May 13, 2003. The Orders issued by respondent COMELEC Chairman dated May 22, 2003 and June 10, 2003 were merely to implement the COMELEC En Banc's Resolution, with the end goal of canvassing the votes cast in the most expeditious way possible.chanrobles virtuallaw libraryred WHEREFORE, in view of the foregoing, the petition is DISMISSED. The Resolution dated May 13, 2003, and the Orders dated May 22, 2003 and June 10, 2003 of the Commission on Elections, which (a) ordered the creation of a new Board of Election Inspectors for all precincts in the municipality of San Isidro in Nueva Ecija; and (b) ordered the immediate constitution of a new Municipal Board of Canvassers in San Isidro, Nueva Ecija, are hereby AFFIRMED.cralaw:red SO ORDERED. chanrobles virtuallaw libraryred Davide, Jr., C.J., Puno,
Vitug, Panganiban, Quisumbing, Sandoval-Gutierrez, Carpio,
Austria-Martinez,
Corona, Carpio Morales, Callejo, Sr., Azcuna and Tinga, JJ., concur.chanrobles virtuallaw libraryred
Endnotes:chanroblesvirtuallawlibrary
[1]
Nestor B. Magno v. Commission on Elections and Carlos C. Montes, G.R.
No.
147904, 4 October 2002.chanrobles virtuallaw libraryred
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