Professional Documents
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06-Casimiro vs. COMELEC
06-Casimiro vs. COMELEC
______________
* EN BANC.
469
VOL. 171, MARCH 29, 1989 469
had opted to leave the proceedings for reasons of their own. No grave abuse
of discretion can be attributed to the COMELEC, therefore, in upholding the
validity of the canvassing at its Main Office.
Same; Evidence; Reliance should not be placed on mere affidavits.—
Obviously the evidence relied upon mainly by petitioners to support their
charges of fraud and irregularities in the election returns and in the
canvassing consisted of Affidavits prepared by their own representatives.
The self-serving nature of said Affidavits cannot be discounted. As this
Court has pronounced, reliance should not be placed on mere affidavits.
Same; Same; Same; In the absence of clearly convincing evidence, the
election returns and the canvassing proceedings must be upheld.—Aside
from said sworn statements, the records do not indicate any other substantial
evidence that would justify the exclusion of election returns in the
canvassing for being fraudulent in character or a declaration that the
proceedings wherein the returns were canvassed were null and void. The
evidence presented by petitioners is not enough to overturn the presumption
that official duty had been regularly performed (Section 5[m], Rule 131). In
the absence of clearly convincing evidence, the election returns and the
canvassing proceedings 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.
Same; Same; Same; Same; COMELEC cannot be faulted for merely
requiring the parties to submit their respective Memoranda in support of
their respective positions; The policy of election laws is that pre-
proclamation cases should be summarily decided.—Nor can COMELEC be
faulted for merely requiring the parties to submit their respective
Memoranda in support of their respective positions. The requirement under
Section 246 of the Omnibus Election Code is that the parties be notified and
heard. Petitioners were so notified. They were also given an opportunity to
submit evidence in support of their allegations. They were required to
submit a Memorandum in amplification of their position. Such procedure is
fair, valid and acceptable and is consistent with the summary character of
proceedings in election cases. As held in Alonto vs. COMELEC (22 SCRA
878), the policy of election laws is that pre-proclamation cases should be
summarily decided, consistent with the law’s desire that the canvass and
proclamation be delayed as little as possible.
470
471
MELENCIO-HERRERA, J.:
In the local elections of 18 January 1988 Gabriel P. Casimiro was
the UNIDO candidate for Mayor of the Municipality of Las Piñas,
Metro Manila. Alfredo Juntilla and Rosalino Riguera were also
candidates for the same position of Mayor, with Riguera having
been ultimately proclaimed Mayor.
Remigio Ramos and Eduardo Castillo were both candidates for
Vice-Mayor; while Reynaldo Salvador was a candidate for
Councilor, all in the same municipality.
During the canvassing of votes, the following cases, pertinent to
these petitions, were filed before public respondent Commission on
Elections (COMELEC):
472
“22. Both the law and jurisprudence on this matter clearly dictate the
dismissal of this petition. This is beyond the jurisdiction of this electoral
body. The issues should be properly ventilated in an election protest filed
with a court of general jurisdiction.
“WHEREFORE, IN VIEW OF ALL THE FOREGOING, Special
Proceeding Cases Nos. 88-210, 88-218, 88-360 and 88-619 are hereby
dismissed. The order (in Minute Resolution No. 88-251 dated 27 January
1988) restraining the proclamation of any winning candidate is hereby
lifted. The Municipal Board of Canvassers of Las Piñas, Metro Manila, is
hereby ordered to reconvene, complete the canvass if not yet completed, and
proclaim the winning candidates, if warranted.”
“SO ORDERED.” (p. 113, Rollo)
473
continuation of the canvass from Las Piñas to the Comelec Central Office)
is the same issue which has been squarely passed and ruled upon in the
subject Resolution of June 9, 1988, the pending incident is nothing but a
pro-forma motion.
“WHEREFORE, premises considered, the instant Motion for
Clarification and/or Partial Reconsideration filed by movant Gabriel ‘Ben’
Casimiro is hereby DENIED.
“SO ORDERED.” (p. 151, Rollo)
all for allegedly having been issued with grave abuse of discre
tion and in excess of jurisdiction, and praying for judgment:
“x x x
475
II
III
IV
476
VI
“Feb. 2, 1988
477
The letter having clearly referred also to transfer of “the venue of the
canvass”, petitioners cannot justifiably claim that notice was lacking
or that said notice was meant only for the transfer of election
returns. If petitioners’ representatives were absent during the
canvassing it was because they had opted to leave the proceedings
for reasons of their own. No grave abuse of discretion can be
attributed to the COMELEC, therefore, in upholding the validity of
the canvassing at its Main Office.
At any rate, when petitioners objected to the canvassing held by
the Board at the COMELEC Main Office for alleged lack of prior
notice, it actually contested its proceedings. The Board, by
continuing with the canvass, in effect overruled the objections.
Under Section 244 of the Omnibus Election Code, the proceedings
of the Board having been contested, petitioners should have
appealed the matter within five (5) days from the time the contested
ruling or proceeding was held. As found by the COMELEC,
however, said appeal was not made within the reglementary period.
Errors II, III, and IV may be considered jointly.
To substantiate their charge of anomalies and irregularities
including the allegations that many election returns were canvassed
more than once; that ghost precincts were credited with election
returns, and that election returns were tampered with, padded and
were spurious, petitioners relied on the Affidavit of Atty. Florencio
Dalupang, their own Head Watcher/Representative. Petitioners claim
that the totality of the circumstances recited in that Affidavit reveal a
“clear pattern of anomalous acts” and that the Affidavit detailed with
particularity the illegalities committed, as well as the individual
precincts where the anomalies existed; and that said Affidavit meets
the standard of substantial evidence.
Petitioners likewise submitted the Affidavit of Atty. Paterno
Lubaton, one of petitioners’ lawyers, which they claim showed in
detail all the fraud, irregularities and anomalies concerning the
election returns before and during the canvassing of the returns first
in Las Piñas and later at the COMELEC main office.Petitioners
claim that the latter part of the Affidavit also detailed the “patently
partial and biased actuations of the
478
479
480
Petition dismissed.
——o0o——
481