Title
Abayon vs. Commission on Elections
Case
G.R. No. 181295
Decision Date
Apr 2, 2009
Abayon’s election protest dismissed as untimely; pre-proclamation petitions alleging duress did not suspend the 10-day filing period under election law.
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Case Digest (G.R. No. 181295)

Facts:

Election Background

  • Harlin Castillo Abayon (petitioner) and Raul A. Daza (respondent) were candidates for the Office of Governor of Northern Samar during the 14 May 2007 elections.
  • On 19 May 2007, Abayon filed a pre-proclamation protest (SPC No. 07-037) before the Provincial Board of Canvassers (PBoC) of Northern Samar, seeking to exclude the Certificates of Canvass (COCs) from the Municipalities of Capul, Rosario, and Bobon, alleging they were prepared under duress, threats, and intimidation.

Proclamation of Daza

  • On 20 May 2007, Daza was proclaimed the winning candidate, garnering 101,819 votes against Abayon’s 98,351 votes, with a margin of 3,468 votes.

Subsequent Petitions Filed by Abayon

  • On 21 May 2007, Abayon filed three petitions with the COMELEC:
    1. SPC No. 07-069: Petition to exclude the COC of Catubig, Northern Samar, alleging it was prepared under duress.
    2. SPC No. 07-070: Petition to declare Daza’s proclamation null and void.
    3. SPA No. 07-460: Petition for the declaration of failure of elections in Capul, Rosario, and Bobon.
  • On 24 May 2007, Abayon filed SPC No. 07-484: Petition for the declaration of failure of election in Catubig and for special elections.
  • On 29 June 2007, Abayon filed EPC No. 2007-62: Election protest contesting Daza’s proclamation.

COMELEC Resolutions

  • SPC No. 07-069 was denied by the COMELEC Second Division on 2 July 2007.
  • SPC No. 07-484 was dismissed by the COMELEC en banc on 9 July 2007.
  • SPA No. 07-460 was dismissed by the COMELEC en banc on 29 January 2008.
  • EPC No. 2007-62 (election protest) was dismissed by the COMELEC First Division on 8 October 2007 for being filed out of time. The COMELEC en banc affirmed this dismissal on 28 January 2008.

Timeliness of Election Protest

  • Under Section 250 of the Omnibus Election Code, an election protest must be filed within 10 days from the proclamation (by 30 May 2007). Abayon filed his protest on 29 June 2007, almost 40 days late.
  • Abayon argued that the filing of SPC No. 07-070 (petition to annul Daza’s proclamation) suspended the 10-day period. However, the COMELEC ruled that SPC No. 07-070 was not a valid pre-proclamation case, as it was based on SPC No. 07-037, which raised issues not proper for a pre-proclamation controversy.

Issue:

  • (Unlock)

Ruling:

  • (Unlock)

Ratio:

  1. Pre-Proclamation Controversies: Under Section 243 of the Omnibus Election Code, pre-proclamation controversies are limited to specific issues, such as illegal composition of the board of canvassers, incomplete or tampered election returns, and returns prepared under duress. Abayon’s petitions did not fall under these categories, as they involved allegations of duress and coercion, which are not proper pre-proclamation issues.

  2. Suspension of the 10-Day Period: Section 248 of the Omnibus Election Code provides that the filing of a petition to annul or suspend a proclamation suspends the 10-day period for filing an election protest. However, this applies only if the petition raises valid pre-proclamation issues. Since Abayon’s petitions did not, the 10-day period was not suspended.

  3. Public Interest vs. Technicalities: While the Court acknowledged the importance of determining the true will of the electorate, it emphasized that procedural rules, such as the 10-day period for filing election protests, must be strictly followed to ensure the orderly administration of justice.

  4. Jurisprudence: The Court cited Villamor v. COMELEC and Dagloc v. COMELEC, which held that not all petitions labeled as pre-proclamation cases suspend the 10-day period. Only those raising valid pre-proclamation issues can do so.

Conclusion:

The Supreme Court upheld the COMELEC’s dismissal of Abayon’s election protest for being filed out of time. The Court ruled that the mere filing of a pre-proclamation case does not suspend the 10-day period unless it raises valid pre-proclamation issues. Since Abayon’s petitions did not meet this requirement, his election protest was untimely and properly dismissed.


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