Case Digest (G.R. No. 141952-53)
Facts:
Rodolfo Dumayas, Jr. v. Commission on Elections, G.R. Nos. 141952-53, April 20, 2001, the Supreme Court En Banc, Quisumbing, J., writing for the Court.
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 canvassing on 13 May 1998, Dumayas protested the inclusion in the municipal canvass of election returns from Precincts Nos. 61A, 62A and clustered 63A/64A (Barangay Pantalan), alleging violations of the Omnibus Election Code (Secs. 234–236) and acts of terrorism, intimidation and coercion. Dumayas submitted joint affidavits of his party watchers, a police blotter extract, and corroborating affidavits alleging the presence of certain barangay officials and a police officer armed with an armalite who intimidated voters and watchers, thumbmarked or forced watchers to sign pre-prepared returns, and otherwise interfered with the preparation of election returns.
Respondent Bernal countered with joint affidavits of the Boards of Election Inspectors (BEIs) for the three precincts, and affidavits by the accused barangay officials and PO3 Gilbert Sorongon denying the allegations and attesting that voting, counting and preparation of returns were peaceful, regular and contemporaneous with the tally. On 14 May 1998 the Municipal Board of Canvassers (MBC) denied Dumayas’ objection and proceeded with the canvass; the overall totals showed Bernal ahead by 127 votes.
Dumayas filed a Notice of Appeal to the COMELEC Second Division. By Resolution dated August 4, 1998, the Second Division excluded the three contested returns as tainted with irregularities and directed the MBC to reconvene and proclaim the mayoralty winner after canvassing uncontested returns. Bernal filed a motion for reconsideration with the COMELEC en banc on August 10, 1998; the motion and records were certified elevated to the en banc on August 12, 1998.
Pending resolution and pursuant to the Second Division resolution, the MBC set a reconvening on August 13, 1998, but did not proclaim a mayor because Bernal showed a copy of his motion for reconsideration. The MBC reconvened on August 17, 1998 and, the Vice-Chairman dissenting, proclaimed Dumayas after the Board concluded it had not received the formal certification elevating Bernal’s motion to the en banc. The next day Bernal filed an urgent motion to declare Dumayas’ proclamation void ab initio. On August 25, 1998 the proclaimed Vice‑Mayor Arnold Betita filed Spl. Civil Action No. 98-141 (denominated quo warranto) in the Regional Trial Court (RTC) of Iloilo, with Bernal joining Betita.
Dumayas moved in the COMELEC en banc to expunge Bernal’s motion(s) on the ground that Bernal had abandoned them by filing the RTC action. In a resolution dated August 24, 1999 but promulgated March 2, 2000, the COMELEC en banc denied Dumayas’ motion, revers...(Pro-only)
Issues:
- Did the filing of Spl. Civil Action No. 98-141 (quo warranto-styled action in the RTC) constitute abandonment by Bernal of his motions before the COMELEC en banc?
- Did the COMELEC err in ordering the inclusion of the contested election returns in the canvass (i.e., did the returns properly remain in the canvass notwithstanding allegations of duress, coercion and fabrication)?
- Was the COMELEC en banc resolution promulgated March 2, 2000 void because two commissioners (Gorospe and Guiani) who had earlier participated had retired before promulgation, thus viola...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)