Case Digest (G.R. No. 162035)
Facts:
The case involves Gilberto Cantoria as the petitioner and Ciriaco Lomboy as the private respondent. The events leading to this case began with the barangay elections held on July 15, 2002, in Poblacion East, Sta. Maria, Pangasinan, where both Cantoria and Lomboy were candidates for the position of Barangay Captain. Cantoria received 233 votes, while Lomboy garnered 231 votes, leading to Cantoria's proclamation as the duly elected Barangay Captain. However, on July 19, 2002, Lomboy filed an election protest, which was assigned as Election Case No. 314 in the Municipal Trial Court (MTC) of Santa Maria, Pangasinan. The MTC ordered a revision of the ballots, which revealed discrepancies in the vote counts. The Revision Committee found that Cantoria actually received only 228 votes, while Lomboy maintained his 231 votes. Consequently, on September 5, 2002, the MTC ruled in favor of Lomboy, declaring him the duly elected Barangay Captain. Cantoria appealed this decision to the ...
Case Digest (G.R. No. 162035)
Facts:
- Election Context: In the July 15, 2002 election for Barangay Captain in Poblacion East, Sta. Maria, Pangasinan, petitioner Gilberto Cantoria and private respondent Ciriaco Lomboy were the only competing candidates.
- Initial Vote Count: Petitioner garnered 233 votes, while private respondent received 231 votes. Petitioner was proclaimed the winner.
- Election Protest: On July 19, 2002, private respondent filed an election protest (Election Case No. 314) with the Municipal Trial Court (MTC) of Santa Maria, Pangasinan.
- Revision of Ballots: A Revision Committee, upon agreement of the parties, revised the ballots and found that petitioner received 228 votes, while private respondent received 231 votes.
- MTC Decision: On September 5, 2002, the MTC declared private respondent Ciriaco Lomboy as the duly elected Barangay Captain.
- COMELEC Appeal: Petitioner appealed to the Commission on Elections (COMELEC), arguing that the MTC erred in ruling certain ballots as marked ballots. The COMELEC dismissed the appeal on January 29, 2004, affirming the MTC decision.
- Petition to Supreme Court: Petitioner filed a special civil action for certiorari with the Supreme Court, alleging grave abuse of discretion by the COMELEC.
Issue:
- Whether the COMELEC committed grave abuse of discretion in affirming the MTC decision.
- Whether the MTC erred in its appreciation of the contested ballots, specifically:
- Ballots with the nickname "Boyet Cantoria" or "Boy Boyet."
- Ballots with the names "Cristo Eleiser Lomboy" and "Adong Lomboy."
- Ballots with the name "Acong."
- A ballot where the space for Punong Barangay was blank, but private respondent's name was written in the space for Kagawad Sangguniang Barangay.
Ruling:
The Supreme Court dismissed the petition for lack of merit. The Court held that:
- The special civil action for certiorari is not a substitute for a lost or lapsed remedy of appeal. Petitioner failed to file a Motion for Reconsideration within the reglementary period, making the COMELEC's resolution final and executory.
- Petitioner failed to show grave abuse of discretion by the COMELEC. The MTC's decision was in accordance with the law, and the COMELEC did not err in affirming it.
- The MTC correctly applied the rules on ballot appreciation, including the idem sonans rule, which allows votes to be counted for a candidate if the name written sounds similar to the candidate's registered name or nickname.
Ratio:
- Finality of COMELEC Decisions: A decision of the COMELEC becomes final and executory if no Motion for Reconsideration is filed within the prescribed period. Petitioner's failure to file such a motion barred him from seeking relief via certiorari.
- Grave Abuse of Discretion: Certiorari is only available when there is a showing of grave abuse of discretion, which was not present in this case. The MTC and COMELEC acted within their jurisdiction and in accordance with the law.
- Ballot Appreciation Rules: The MTC correctly applied the rules on ballot appreciation, including the idem sonans rule, which ensures that votes are counted for a candidate if the name written is phonetically similar to the candidate's registered name or nickname.