Case Digest (G.R. No. L-22248)
Facts:
- In the November 12, 1963 elections, Paterno Javier and Felix Lomugdang were candidates for the municipal mayor of Culasi, Antique.
- During the canvassing, it was found that in Precinct No. 4, Lomugdang was credited with only 23 votes in the election return, while the tally board showed he had 83 votes.
- The Board of Inspectors of Precinct No. 4 recognized this as a clerical error and filed a verified petition with the Municipal Board of Canvassers to correct the election return.
- Atty. Tomas del Castillo, the COMELEC representative in Culasi, instructed the Board of Canvassers to suspend the canvassing of the election return for Precinct No. 4.
- Despite this directive, the Board of Canvassers proceeded and proclaimed Javier as the elected mayor.
- Lomugdang filed a petition for a judicial recount in the Court of First Instance of Antique, which was dismissed following Javier's proclamation.
- On November 26, 1963, COMELEC annulled Javier's proclamation, suspended the Board of Canvassers, and authorized Atty. Del Castillo to appoint substitutes for a new canvass.
- Javier filed a petition with the Supreme Court, claiming COMELEC overstepped its jurisdiction and that the Board of Canvassers was functus officio after the proclamation.
Issue:
- (Unlock)
Ruling:
- Yes, the Supreme Court ruled that COMELEC had the authority to annul Javier's proclamation and suspend the Board of Canvassers.
- Yes, the defiance of the COMELEC representative's directive was a valid cause for the removal and substitution of the Board of Canvassers.
- No, the dismissal of Lomugda...(Unlock)
Ratio:
- The Supreme Court held that the COMELEC representative's directive to suspend the canvassing and proclamation was valid due to the clear clerical error in Precinct No. 4's election return.
- The Board of Canvassers' continuation of the canvass and proclamation of Javier, in violation of this directive, rendered the proclamation null and void.
- The Court emphasized th...continue reading
Case Digest (G.R. No. L-22248)
Facts:
In the elections held on November 12, 1963, Paterno Javier and Felix Lomugdang were candidates for the position of municipal mayor of Culasi, Antique. During the canvassing of election returns, it was discovered that in Precinct No. 4, Lomugdang was credited with only 23 votes in the election return, whereas the tally board showed he had obtained 83 votes. Recognizing this discrepancy as a clerical error, the Board of Inspectors of Precinct No. 4 filed a verified petition with the Municipal Board of Canvassers to correct the election return to reflect the accurate vote count. Atty. Tomas del Castillo, the representative of the Commission on Elections (COMELEC) assigned to Culasi, instructed the Board of Canvassers to suspend the canvassing of the election return for Precinct No. 4 concerning the mayoral position. Despite this directive, the Board of Canvassers proceeded with the canvassing and proclaimed Javier as the elected mayor. Consequently, Lomugdang filed a petition for a judicial recount in the Court of First Instance of Antique, which was dismissed following Javier's proclamation. On November 26, 1963, COMELEC annulled Javier's proclamation, suspended the members of the Board of Canvassers, and authorized Atty. Del Castillo to appoint substitutes to conduct a new canvass. Javier then filed a petition with the Supreme Court, claiming that COMELEC had overstepped its jurisdiction and that the Board of Canvassers had become fu...