Facts:

The case centers around Hermilina N. Abainza (the petitioner) and Ernesto C. Arellano (the private respondent), both candidates for a position on the Sangguniang Bayan of Jovellar, Albay, during the synchronized national and local elections held on May 14, 2007. Following the election, the Municipal Board of Canvassers proclaimed the results on May 15, 2007, declaring the duly elected members of the Sangguniang Bayan. Notably, Arellano received 2,983 votes, which positioned him ninth, while Abainza, with 3,014 votes, was proclaimed as a councilor. However, on May 21, 2007, Arellano filed a petition for correction, arguing that the tally of votes in Clustered Precinct Nos. 46-A/47-A contained an error. The Municipal Board of Canvassers met, and on June 29, 2007, Abainza took her oath of office. Subsequently, on September 3, 2007, the Commission on Elections (COMELEC) issued a resolution nullifying Abainza's proclamation due to the manifest error—specifically, a discrepancy in

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Facts:

Parties and Election Context

• Petitioner Hermilina N. Abainza and private respondent Ernesto C. Arellano were candidates for the position of member of the Sangguniang Bayan in Jovellar, Albay during the May 14, 2007 synchronized national and local elections.
• The Municipal Board of Canvassers, on May 15, 2007, proclaimed the eight winning candidates based on their vote totals.

Election Results and Proclamation

• The winning candidates and their corresponding vote counts were as follows:
• Mirabete, Moises – 4,111 votes
• Vibar, Eddie Ll. – 3,604 votes
• Quirona, Felipe M. – 3,589 votes
• Nobleza, Jose Jr. A. – 3,414 votes
• Romualdo, Victor M. – 3,119 votes
• Millano, Precioso O. – 3,107 votes
• Lovendino, Wiro A. – 3,018 votes
• Abainza, Hermelina N. – 3,014 votes
• Private respondent Arellano, having garnered 2,983 votes, occupied the ninth slot and was not initially proclaimed.

Manifest Error and Subsequent Developments

• An election return (No. 2900930) from Clustered Precinct Nos. 46-A/47-A contained a glaring clerical error: it documented only fourteen (14) votes for private respondent instead of the actual one hundred fourteen (114) votes.
• This “manifest error,” being obvious to the eye and readily apparent without requiring further evidentiary support, undermined the accuracy of the vote tally.
• On May 21, 2007, private respondent filed a petition for the correction of this error.
• Despite the error, petitioner Abainza took her oath of office on June 29, 2007 based on the proclaimed results.

COMELEC Resolutions and Further Petitions

• On September 3, 2007, the COMELEC 1st Division issued a Resolution annulling petitioner Abainza’s proclamation as councilor, citing the manifest error in the tally that affected the election return.
• Petitioner subsequently filed a motion for reconsideration, which was denied by the COMELEC en banc in a Resolution dated January 30, 2008.
• Thereafter, petitioner elevated the matter through a petition for certiorari before the Supreme Court.

Issue:

Jurisdictional Question

• Whether the COMELEC possesses the original jurisdiction to hear and decide a petition for the correction of a manifest error, especially in a case where a candidate has already been proclaimed and taken oath of office.

Nature and Timing of the Correction

• Whether a petition for correction of manifest errors qualifies as a pre-proclamation controversy under the COMELEC Rules of Procedure even after a candidate’s proclamation.
• Whether the petition for correction, being filed beyond the prescribed period (i.e., more than five days after the proclamation), should be dismissed on procedural grounds or allowed under a liberal interpretation of the rules in the interest of justice.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)