Philippine Supreme Court Resolutions > Year 2007 > July 2007 Resolutions > [G.R. No. 172249 : July 03, 2007] SANLAKAS, REP. BY WILSON M. FORTALEZA, PETITIONER, VERSUS BENJAMIN S. ABALOS, SR., RESURRECCION Z. BORRA, FLORENTINO A. TUASON, JR., ROMEO A. BRAWNER, AND RENE V. SARMIENTO, AS THE NATIONAL BOARD OF CANVASSERS; BETTY B. PIZANA, ALLEN FRANCIS B. ABAYA, AND MANUEL T. LUCERO, AS THE SUB-COMMITTEE FOR PARTY-LIST, RESPONDENTS.:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 3, 2007

G.R. No. 172249 - SANLAKAS, rep. by WILSON M. FORTALEZA, petitioner, versus BENJAMIN S. ABALOS, SR., RESURRECCION Z. BORRA, FLORENTINO A. TUASON, JR., ROMEO A. BRAWNER, and RENE V. SARMIENTO, as The National Board of Canvassers; BETTY B. PIZANA, ALLEN FRANCIS B. ABAYA, and MANUEL T. LUCERO, as The Sub-Committee for Party-List, respondents.

Before us is a petition for certiorari and mandamus under Rule 65 to annul Commission on Elections (COMELEC) Resolution No. 7657 dated April 27, 2006,^[1] and compel public respondents to implement the Resolution^[2] dated February 28, 2005 of the Second Division of the COMELEC in SPC No. 04-304.^[3]

Petitioner, a party-list candidate in the May 10, 2004 elections, filed with the COMELEC a petition for correction of manifest errors in the Municipal Certificates of Canvass of Votes in the Provinces of Camarines Sur, Cebu, Negros Occidental and Leyte. Petitioner alleged that there were manifest errors in the copying of the figures into the Certificates of Canvass, which if rectified, would show that petitioner met the 2% threshold requirement under Republic Act No. 7941^[4] and was entitled to a seat in the House of Representatives. The petition, docketed as SPC No. 04-304, was assigned to the Second Division of the COMELEC.

On February 28, 2005, the COMELEC Second Division promulgated its Resolution. The COMELEC Second Division found that the Certificates of Canvass in 16 municipalities and one city, namely, the Municipalities of Julieta and Javier of Leyte; the Municipality of Escalante, Negros Occidental; the Municipalities of Baao, Balatan, Bombon, Buhi, Bula, Cabusao, Calabanga, Camaligan, Canaman, Caramoan, Del Gallego and Gainza in Camarines Sur; and the City of Lapu-lapu and the Municipality of Tudela in Cebu, appeared not to have reflected the correct number of votes garnered by petitioner. Thus, the COMELEC Second Division ordered the correction of the Certificates of Canvass to reflect the true and actual number of votes garnered by petitioner. The COMELEC Second Division decreed,

WHEREFORE, premises considered, the instant petition is hereby GRANTED.

Accordingly, the National Board of Canvassers is hereby directed to RECONVENE, and with proper notice to all parties concerned, to make the necessary corrections in the Certificates of Canvass of Votes to reflect therein the true and actual number of votes garnered by Petitioner Sanlakas Sectoral Party. After the corrections have been made, the National Board of Canvassers shall then DETERMINE whether or not Petitioner�s total votes has reached 2% of the votes garnered by all party list organizations, and proceed to PROCLAIM Petitioner should the 2% threshold requirement be satisfied.^[5]

On March 31, 2005, the COMELEC Second Division granted petitioner's motion for execution of judgment and directed respondents, which comprised the National Board of Canvassers (NBC) for the 2004 National Elections for Party-List, to reconvene and implement said Resolution.^[6]

On October 11, 2005, the COMELEC Second Division issued an Order^[7] directing the Clerk of the COMELEC to immediately make the corresponding entry of judgment. COMELEC Second Division Clerk Ma. Josefina E. Dela Cruz issued an Entry of Judgment^[8] on October 12, 2005.

On April 4, 2006, the COMELEC Second Division directed the respondent NBC members, through its Sub-Canvassing Committee, to reconvene and comply with the Resolution of February 28, 2005.^[9]

The Sub-Committee issued the corresponding notice to all party-list candidates and reconvened on April 24, 2006. During the proceedings, however, the Sub-Committee was faced with the following issues: (1) whether the Election Records and Statistics Department of the COMELEC had in its possession the source documents used as basis by the COMELEC Second Division in its Resolution dated February 28, 2005 and whether these should be submitted to the Sub-Committee for use in its proceedings, and (2) whether the findings as to the corrected number of votes garnered by petitioner indicated in the Resolution of February 28, 2005 may be used as basis by the Sub-Committee in effecting the necessary correction without looking into other documents such as the Municipal Certificate of Canvass or Statement of Votes.

The Sub-Committee referred the issues to the COMELEC's Law Department and reset the proceedings to April 26, 2006, then again to April 28, 2006.

On April 26, 2006, Atty. Alioden D. Dalaig, Director IV, Law Department, in compliance with the referral, submitted a memorandum to the COMELEC en banc. Atty. Dalaig reported that an examination, conducted by Ma. Agnes T. Carreon, Head, Audit Group of the COMELEC, had shown that the Statements of Votes by Precinct in the possession of the Election Records and Statistics Department and used as basis by the COMELEC Second Division in its Resolution of February 28, 2005, were not authentic.

Thus, to effect the necessary correction in the votes of petitioner in the Certificates of Canvass and arrive at the true results of the election, Atty. Dalaig recommended that the COMELEC constitute special boards of canvassers composed of COMELEC employees for the localities concerned. Atty. Dalaig recommended that said boards of canvassers prepare new certificates of canvass using the COMELEC copy of the election returns � a procedure similar to the procedure in Section 30 of Rep. Act No. 7166^[10] for ascertaining the actual number of votes cast for President and Vice-President where doubt exists as to the veracity of number of votes stated in the certificate of canvass or supporting statement of votes by precinct.

Atty. Dalaig further recommended that new Provincial Boards of Canvassers of Leyte, Camarines Sur, Negros Occidental and Cebu likewise be constituted to make the proper changes in their respective Provincial Certificates of Canvass using the corrected Municipal Certificates of Canvass. The Sub-Committee shall then make the necessary changes in the votes petitioner obtained and make the proper report to the NBC.^[11]

On April 27, 2006, the COMELEC issued the assailed Resolution No. 7657 approving the recommendations. The COMELEC en banc ruled:

The Commission RESOLVED, as it hereby RESOLVES, to approve the following recommendations to wit:

1. To constitute a Special Municipal Board of Canvassers for the sixteen (16) municipalities concerned and a Special City Board of Canvasser of the City of Lapu-Lapu composed of employees of the Commission to make the proper corrections in their respective Municipal Certificate of Canvass by canvassing the votes for Sanlakas Sectoral Party using the Election Returns, copy for the Commission and thereafter prepare the corresponding municipal certificate of canvass;
   
   
2. To constitute a Special Provincial Board of Canvassers for the provinces of Leyte, Camarines Sur, Negros Occidental and Cebu to make the necessary corrections in the votes obtained by Sanlakas Party in their respective Provincial Certificate of Canvass using the corrected municipal certificate of canvass; and
   
   
3. To convene the Sub-Committee on Party-List to make the necessary changes in the votes obtained by Sanlakas Sectoral Party; and to make the proper report to the National Board of Canvassers.^[12]

Pursuant to Resolution No. 7657, the Sub-Committee cancelled the scheduled proceedings on April 28, 2006 and suspended the proceedings until further notice.

Petitioner now comes to this Court contending that respondents Benjamin S. Abalos Sr., Resurrection Z. Borra, Florentino A. Tuason Jr., Romeo A. Brawner, and Rene V. Sarmiento had no jurisdiction to issue Resolution No. 7657 "because (1) as National Board of Canvassers, their duty in the execution of the Resolution of February 28, 2005 is purely ministerial; or (2) as COMELEC en banc, the issues resolved in Resolution No. 7657 [were] not brought before it by any proper party in SPC No. 04-304 and, therefore, [the COMELEC] had no jurisdiction over the case."

Petitioner argues that the COMELEC Second Division Resolution of February 28, 2005 already corrected the manifest errors in the Certificates of Canvass using the Statements of Votes by Precinct in the possession of the Election Records and Statistics Department of the COMELEC as source documents. The NBC, therefore, should have simply effected the mere clerical task of entering the corrected number of votes into the Certificates of Canvass to reflect the corrected total of 267,679 votes stated in the Resolution. The only task left for the NBC, according to petitioner, was the task of determining whether it met the 2% threshold requirement.^[13]

Petitioner adds that the sole issue that the Sub-Committee wanted resolved was whether the corrections to the Certificates of Canvass were to be based on the February 28, 2005 Resolution or the Statements of Votes per Precinct as source documents. Yet, respondent members of the NBC, without any jurisdiction over SPC No. 04-304, either as the COMELEC en banc or as the NBC, constituted Special Municipal, City, and Provincial Boards of Canvassers in the assailed Resolution No. 7657 to make the corrections in the Certificates of Canvass by canvassing the votes for petitioner using the election returns. In short, respondents deviated from the mandates of the final and executory Resolution of February 28, 2005 and wanted to conduct canvass proceedings instead of proceedings for the correction of manifest errors.^[14]

Defending the validity of the COMELEC's action, the Office of the Solicitor General argues that COMELEC Resolution No. 7657 was a valid exercise of the COMELEC's power under Section 2 (1) Article IX (C) of the Constitution^[15] to enforce and administer all laws and regulations relative to the conduct of an election.

In view of the recently held May 14, 2007 national and local elections, however, we are constrained to declare the petition dismissed as the issues have become moot and academic.

WHEREFORE, the petition is hereby DISMISSED.

Gutierrez, J., on leave.

Endnotes:

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^[1] Rollo, pp. 34-41.

^[2] Id. at 22-29.

^[3] Entitled "In Re: Petition for Correction of Manifest Errors in the Municipal Certificates of Canvass of Votes of the Provinces of Camarines Sur, Cebu, Negros Occidental and Leyte in the Number of Votes Obtained by the Sanlakas Sectoral Party During the Party List Election of May 10 2004... "

^[4] An Act Providing for the Election of Party-List Representatives through the Party-List System and Appropriating Funds Therefor.

^[5] Rollo, pp. 28-29.

^[6] Id. at 54-56.

^[7] Id. at 52-53.

^[8] Id. at 50-51.

^[9] Id. at 30-33.

^[10] SEC. 30. Congress as the National Board of Canvassers for the Election of President and Vice-President; Determination of Authenticity and Due Execution of Certificates of Canvass....

x x x x

When it appears that any certificate of canvass or supporting statement of votes by precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, upon request of the Presidential or Vice-Presidential candidate concerned or his party, Congress shall, for the sole purpose of verifying the actual number of votes cast for President and Vice-President, count the votes as they appear in the copies of the election returns submitted to it.

^[11] Rollo, pp. 39-40.

^[12] Id. at 40-41.

^[13] Id. at 8-9, 11-13.

^[14] Id. at 13.

^[15] Section 2. The Commission on Election shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

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