Case Digest (G.R. No. L-25467)
Facts:
Lucas v. Cauton, G.R. No. L-25467, April 27, 1967, the Supreme Court En Banc, Zaldivar, J., writing for the Court.
In the November 9, 1965 national elections petitioner Lucas V. Cauton and respondent Pablo Sanidad, together with Godofredo S. Reyes, were candidates for Representative of the Second Congressional District of Ilocos Sur. During the provincial canvass by the Provincial Board of Canvassers of Ilocos Sur, Sanidad observed that the entries for votes in the election-return copies presented by the Provincial Treasurer for precincts in the municipalities of Candon, Santiago and Sta. Cruz differed from the copies held by the Liberal Party.
Sanidad petitioned the Commission on Elections (COMELEC) to open the ballot boxes in all precincts of Candon, Santiago and Sta. Cruz to retrieve the ballot-box copies of the election returns and asked that the Provincial Board be restrained from proclaiming a winner. COMELEC issued a restraining order, conducted hearings, and found uniform alterations in the copies of the returns held by the Municipal Treasurer, the Provincial Treasurer and COMELEC for certain precincts as compared with the Liberal Party copies.
By resolution dated December 22, 1965, COMELEC directed the immediate opening of the impounded ballot boxes (then in custody of the 1st PC Zone) for the sole purpose of retrieving the ballot-box return copies. Pursuant thereto envelopes taken from the ballot boxes were brought to Manila on December 23, 1965. On that same date petitioner filed before this Court a petition for certiorari and prohibition with preliminary injunction seeking to annul COMELEC’s resolution of December 22, 1965 and to enjoin COMELEC from opening the envelopes or removing them from the ballot boxes; the Court gave due course to the petition but denied a preliminary injunction.
COMELEC’s committee opened the envelopes on December 28, 1965 and examined and recorded the returns in a formal hearing. Respondent Sanidad filed a recount petition in the Court of First Instance of Ilocos Sur (Election Case No. 16‑N) pursuant to Section 163 of the Revised Election Code based on the discrepancies. Petitioner moved in this Court to enjoin the CFI from proceeding with the recount; that motion was denied by the Court in a February 17, 1966 resolution. COMELE...(Subscriber-Only)
Issues:
- Did the Commission on Elections act without or in excess of its jurisdiction in issuing the December 22, 1965 resolution ordering the opening of the ballot boxes in Candon, Santiago and Sta. Cruz?
- Does Section 157 of the Revised Election Code restrict the opening of ballot boxes to criminal prosecution or court-ordered proceedings so that COMELEC may not order opening of ballot boxes to secure ballot‑box copies for purposes of ensuring an honest canvass ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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