G.R. No. 113107 - Lucero vs. Commission on Elections

The case arises from the May 11, 1992 synchronized national and local elections for the Second Legislative District of Northern Samar involving five candidates, including petitioners Wilmar P. Lucero and Jose L. Ong, Jr.
The Provincial Board of Canvassers (PBC) of Northern Samar credited Ong with 24,272 votes and Lucero with 24,068 votes, Ong leading by 204 votes.
Results from three precincts in Silvino Lobos were not canvassed:

Suspension of Ong’s proclamation.
Correction of the Certificate of Canvass for Las Navas to increase Lucero’s votes by 20.
A special election for Precinct No. 13 due to failure of election.
Recounts for Precincts 7 and 16 of Silvino Lobos.
Recounts of votes in 52 other precincts to correct manifest errors.

On June 2, 1992, COMELEC ordered the PBC to suspend canvassing procedures.
Ong opposed the suspension and moved to lift it. Lucero opposed, citing the incomplete canvass due to no election in Precinct No. 13 and missing/illegible returns in Precincts Nos. 7 and 16.

Partial dissenting opinion allowed correction of the Certificate of Canvass for Las Navas, requiring retabulation and updated vote count for Lucero.

Lucero filed a motion to constitute a Special Board of Election Inspectors (SBEI) for Precincts 7 and 16.
Ong filed a special civil action for certiorari (G.R. No. 105717) to question COMELEC’s order for recount.
Despite pendency of G.R. No. 105717, COMELEC ordered recount in Precinct No. 16, finding votes for Lucero (43) and Ong (2).
On June 25, 1992, the Supreme Court issued a temporary restraining order suspending implementation of the COMELEC orders.

December 23, 1992 decision (G.R. No. 105717) nullified COMELEC orders of June 2 and June 13, 1992, and directed PBC to finish canvassing and proclaim the winner.
April 22, 1993 modified decision allowed:

Annulment of June 2 order and partial annulment of June 13 resolution (applicable except for Precinct No. 13 special election and Precinct No. 16 recount).
Directed COMELEC to assign SPA No. 92-282 for pre-proclamation issue resolution.
Allowed correction of the municipal certificate of canvass for Las Navas (under Section 15, R.A. 7166).

SPA No. 92-282 raffled to COMELEC First Division, which failed to reach majority; hence case elevated to COMELEC en banc.
November 19, 1993 submission of memoranda by parties to COMELEC en banc.

Inclusion of votes from Precincts 7 and 16 into Silvino Lobos canvass, reflecting varying vote totals for Lucero (29, 30, or 31) and Ong (61 votes in Precinct 7; 43 and 2 votes in Precinct 16).
Retabulation of Lucero’s votes for Las Navas to 2,537.
Submission of new vote computations to COMELEC with no proclamation until authorized.
Call for special election in Precinct No. 13 if necessary after canvass.
Decision on recount in Precinct No. 7 after special election results included.

Both Lucero and Ong filed separate certiorari petitions to the Supreme Court challenging the COMELEC en banc resolution, raising:

Lucero opposed conditional inclusion of Precinct No. 7 votes and premature inclusion which might affect his chances in the special election.
Ong challenged COMELEC’s authority to correct manifest error without appeal and the legitimacy of holding special election nearly two years after the original election.

Whether the ballots of Precinct No. 7 of Silvino Lobos should be counted before determining if a special election is necessary in Precinct No. 13.

Whether the Commission on Elections (COMELEC) committed grave abuse of discretion in ordering the correction of the manifest error in the Municipal Certificate of Canvass of Las Navas.

Whether the COMELEC committed grave abuse of discretion by calling a special election in Precinct No. 13 almost two years after the original election.