Facts:

• Petitioner Sally A. Lee and respondent Leovic R. Dioneda were mayoral candidates in Sorsogon City during the May 14, 2001 elections.
• Dioneda objected to Election Return No. 41150266 for Precinct No. 28A2 in Barangay Bucalbucalan due to missing entries for the congressman position and the involvement of non-BEI pollwatchers in filling up the returns.
• The Board of Canvassers (BOC) included the return, finding it clear and regular.
• The COMELEC later excluded the return and nullified Lee's proclamation as mayor.
• Lee filed a petition for certiorari, arguing that the COMELEC lacked jurisdiction to investigate election irregularities in a pre-proclamation controversy.
• The Supreme Court made its decision on July 4, 2003, with Justice Carpio Morales as the ponente.

Issue:

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Ruling:

1. Jurisdiction of COMELEC

   • The Supreme Court ruled that the COMELEC has the power to exclude election returns with a prima facie showing of irregularities.

2. Procedural Lapses

   • The Court found no procedural lapses in the promulgation of the COMELEC's resolutions.

3. Basis for Decision

   • The Court upheld the COMELEC's decision to exclude...(Unlock)

Ratio:

• The Supreme Court held that the restriction on COMELEC's power to merely examine returns without investigating irregularities applies only when the returns appear authentic and duly accomplished on their face.
• In this case, there was a prima facie indication that the return was not genuine due to missing critical entries.
• Sections 234 and 237 of the Omnibus Election Code provide the procedure for ha...continue reading