G.R. No. 141952-53 - Dumayas, Jr. vs. Commission on Elections

Petitioner Rodolfo Dumayas, Jr. and respondent Felipe Bernal, Jr. were rival candidates for Mayor of Carles, Iloilo in the 11 May 1998 synchronized elections.
During the canvassing on 13 May 1998, Dumayas protested the inclusion of election returns for Precincts 61A, 62A, and 63A/64A (all in Barangay Pantalan) before the Municipal Board of Canvassers (MBC), alleging violations of Secs. 234–236 of the Omnibus Election Code, and acts of terrorism, intimidation, and coercion.

Petitioner submitted affidavits by his watchers and supporters, a PNP blotter report certification, and other papers attesting to:

Respondent countered with affidavits of BEI members and involved officials denying all allegations and attesting that the elections were peaceful, orderly, and the returns genuine, clean, and properly signed or thumb-marked.

On 14 May 1998, the MBC denied petitioner’s objections and included the contested returns. The initial totals were Dumayas 7,777 votes and Bernal 7,904 votes.
Dumayas appealed to the COMELEC Second Division, which on 4 August 1998 excluded the three returns and directed the MBC to reconvene, canvass the remaining returns, and proclaim the winner.
Bernal filed a motion for reconsideration before the COMELEC en banc (elevated on 12 August 1998). Pending resolution, the MBC reconvened on 17 August 1998 and, excluding the three returns per Second Division resolution, proclaimed Dumayas as Mayor. Bernal then moved to declare that proclamation void ab initio.

On 25 August 1998, Vice-Mayor Arnold Betita filed a quo warranto action (Spl. Civil Action No. 98-141) in the Regional Trial Court of Iloilo against Dumayas (with Bernal as co-petitioner), seeking annulment of Dumayas’ proclamation and Betita’s assumption of the mayoralty under Local Government Code rules on succession.
Petitioner Dumayas moved before the COMELEC en banc to expunge Bernal’s motions, contending they were abandoned by the filing of the RTC quo warranto action.
On 2 March 2000, the COMELEC en banc promulgated a resolution reversing the Second Division, annulling Dumayas’ proclamation, constituting a new MBC, and directing a complete canvass. On 13 March 2000, Bernal was proclaimed Mayor by the new MBC.

Dumayas filed a special civil action in the Supreme Court assailing the COMELEC en banc resolution on three grounds:

That Bernal abandoned his motions before the COMELEC en banc by filing the quo warranto action;
That the COMELEC erred in ordering inclusion of the three contested returns despite clear evidence of duress;
That the March 2, 2000 resolution was void for lack of a quorum, two commissioners having retired before promulgation.

Whether respondent Bernal’s filing of a quo warranto action in the RTC constituted abandonment of his pending motions before the COMELEC en banc.
Whether the COMELEC committed error in ordering the inclusion of the three contested election returns in the canvass despite allegations and evidence of intimidation, duress, and coercion.
Whether the COMELEC en banc resolution of 2 March 2000 is void for having been promulgated without the votes of two retired commissioners, in violation of Article IX-A, Section 7 of the Constitution.