Title
Baldo, Jr. vs. Commission on Elections
Case
G.R. No. 176135
Decision Date
Jun 16, 2009
A 2004 mayoral election dispute over contested ERs became moot after the term expired, rendering the case academic as no relief could be granted.
Font Size:

Case Digest (G.R. No. 176135)

Facts:

In the 10 May 2004 local elections for mayor of Camalig, Albay, petitioner Carlos Irwin G. Baldo, Jr. and respondent Rommel MuAoz were candidates. During the canvass conducted by the Municipal Board of Canvassers (MBOC), Baldo objected to the inclusion of 26 election returns (ERs) on various grounds such as missing inner seals, incomplete data, absence of signatures and thumbmarks, and alleged preparation under duress. The MBOC overruled his objections on 13 May 2004 and included the ERs. Subsequently, Baldo filed an appeal with the Commission on Elections (COMELEC), docketed as SPC Case No. 04-087, but the COMELEC First Division dismissed the appeal on 12 September 2006. Later, on 8 January 2007, the COMELEC En Banc affirmed the earlier decision—with only a modification directing the summoning of BEIs for additional data in one precinct (No. 127B). Meanwhile, even while the appeal was pending, the MBOC proclaimed MuAoz the winning candidate on 19 May 2004. Baldo also sought to annul that proclamation (SPC No. 04-124) on 21 May 2004. Before this petition was finally determined, new local elections were held on 14 May 2007, in which Baldo emerged victorious and assumed office on 1 July 2007.

Issue:

  1. Whether the COMELEC committed grave abuse of discretion amounting to lack and excess of jurisdiction by:
    • Affirming the MBOC’s ruling that permitted the inclusion of the contested 26 ERs despite alleged defects.
    • Ordering that these ERs be included in the official tally despite their purported material and fatal defects.
  2. Whether the petition remains justiciable or has become moot due to the fact that the term of office allegedly affected by the 2004 elections had expired, and Baldo had since won and assumed office in the subsequent May 2007 elections.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is an AI-powered legal research tool in the Philippines with case digests and full jurisprudence. AI summaries highlight key points but might skip important details or context. Always check the full text for accuracy.