Facts:

The case involves Gabriel Garduce Basarte (petitioner) and Noel Jarito (private respondent), both candidates for the position of Municipal Mayor of Silvino Lobos, Northern Samar, during the May 10, 2004 synchronized national and local elections. Basarte represented the Lakas-CMD Party, while Jarito was from the Liberal Party (Raul Daza Wing). On May 29, 2004, the Municipal Board of Canvassers (MBC) canvassed the election returns from various precincts. At approximately 5:30 PM that day, Basarte, through his authorized representative Atty. Anselmo S. AlvaAiz IV, objected to the inclusion of Election Return No. 04101444 from Precinct No. 17A, Barangay Cagda-o, citing that the return was tampered with and that the second page was missing. The MBC denied Basarte's petition on June 1, 2004, asserting that there were no alterations in the election return for the mayoralty position. Basarte subsequently filed a Notice of Appeal and a Petition with the Commission on Elections (CO...

Facts:

Election Context:

• Petitioner Gabriel Garduce Basarte and private respondent Noel Jarito were candidates for Municipal Mayor of Silvino Lobos, Northern Samar in the May 10, 2004 elections. Basarte represented the Lakas-CMD Party, while Jarito was the Liberal Party candidate.

Objection to Election Return:

• On May 29, 2004, during the canvassing of election returns, Basarte, through his representative, objected to the inclusion of Election Return No. 04101444 from Precinct No. 17A, Barangay Cagda-o. The grounds were:
  1. The election return appeared tampered, with altered words and figures.
  2. The second page for local positions was missing.

Municipal Board of Canvassers (MBC) Ruling:

• The MBC denied Basarte’s petition to exclude the election return, stating there were no erasures or alterations for the mayoralty position. The Chairman of the Board of Election Inspectors (BEI) testified that the second page was missing when they received the returns.

Evidence Submitted by Petitioner:

• Basarte submitted affidavits from watchers and voters, including:
  • Boyet Lukban (Lakas-CMD watcher) attested that only 126 votes were cast (74 for Basarte, 52 for Jarito), no pages were missing during counting, and the ballot box was delivered late.
  • Louie Bantilo (Anakpawis watcher) corroborated Lukban’s claims.
  • Affidavits from voters who did not vote due to being in another town, deceased, or double-registered.
  • A Computerized Voter’s List showing discrepancies in the voter count.

COMELEC Proceedings:

• The COMELEC First Division dismissed Basarte’s appeal, affirming the MBC ruling. It held that the BEI’s explanation about the missing page was credible and that the election return appeared regular on its face.
• The COMELEC en banc denied Basarte’s motion for reconsideration, with Commissioner Sadain dissenting.

Proclamation of Jarito:

• On September 11, 2005, Jarito was proclaimed mayor after canvassing votes from 39 precincts, receiving 2,691 votes.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Presumption of Regularity:

   • The presumption of regularity in the performance of official duties by the BEI is not absolute. It can be overturned by clear evidence of irregularities, such as missing pages and unaccounted votes in the election return.

2. Pre-Proclamation Controversies:

   • In pre-proclamation controversies, the COMELEC is generally limited to examining the face of the election returns. However, when irregularities are apparent on the face of the return, the COMELEC must investigate further.

3. Materiality Requirement:

   • For a pre-proclamation controversy to prosper, the petitioner must show that the exclusion of the contested return would materially affect the election results. Basarte failed to meet this burden.

4. Procedural Lapses:

   • While procedural lapses by the COMELEC (e.g., violation of its own rules) are concerning, they do not automatically invalidate its decisions unless they result in grave abuse of discretion or prejudice to the parties.