Case Digest (G.R. No. 176135)
Facts:
The case of Carlos Irwin G. Baldo, Jr. vs. Commission on Elections (COMELEC), et al., focused on the municipal election for mayor in Camalig, Albay, held on May 10, 2004. The respondents included Rommel MuAoz and the Municipal Board of Canvassers (MBOC) of Camalig. Following the election, on May 11, 2004, Baldo contested the inclusion of 26 election returns (ERs) due to several alleged discrepancies, such as missing signatures, lack of necessary seals, and claims that some ERs were prepared under duress. Despite his objections, the MBOC proceeded to overrule Baldo's claims and included the contentious ERs in the final canvass, leading to the proclamation of MuAoz as the new municipal mayor on May 19, 2004. Baldo filed an appeal with the COMELEC regarding the MBOC’s decision, which was lodged under SPC Case No. 04-087. Concurrently, he initiated another petition to annul MuAoz's proclamation, also with COMELEC, designated as SPC No. 04-124. On September 12, 2006, the COME
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:
- 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.
- 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)