Case Digest (G.R. No. 203302)
Facts:
Emmanuel L. Maliksi and Homer T. Saquilayan contested the May 10, 2010 mayoral election in Imus, Cavite; the Municipal Board of Canvassers proclaimed Saquilayan winner, Maliksi filed Election Protest No. 009-10, and the RTC, after revision, on November 15, 2011 declared Maliksi duly elected.
Saquilayan appealed to the Commission on Elections (COMELEC) (EAC (AE) No. A-22-2011); the COMELEC First Division inspected ballot boxes, found the integrity of ballots compromised, ordered decryption/printing of the digital ballot images stored in the CF cards, and on August 15, 2012 nullified the RTC decision and declared Saquilayan winner; the COMELEC En Banc affirmed on September 14, 2012, prompting this petition for certiorari.
Issues:
- Did the COMELEC En Banc commit grave abuse of discretion in issuing its September 14, 2012 Resolution?
- Was due process denied when the COMELEC First Division ordered decryption, printing, and examination of the ballot images on appeal?
- Are the digital ballot images in the CF cards merely secondary evidence to be used only when physical ballots are unavailable?
- Were there adequate grounds to require the inhibition of Commissioners Sarmiento and Velasco?
Ruling:
The petition was dismissed and the September 14, 2012 Resolution of the COMELEC En Banc affirming the August 15, 2012 Resolution of the COMELEC First Division was affirmed, thereby declaring Homer T. Saquilayan the duly-elected Mayor of Imus, Cavite; the temporary restraining order was lifted and the decision was made immediately executory.
The Court held that Maliksi was not deprived of due process, that the digital ballot images are the functional equivalent of the official physical ballots, that evidence of tampering justified resort to the images, and that the motion for inhibition lacked merit.
Ratio:
The Court found that Maliksi received notice and opportunities to be heard through prior motions, orders, delivery of COMELEC orders, and his motion for reconsideration, which satisfied due process in administrative proceedings. The Court relied on precedent, including Vinzons-Chato, and on Rule 4 of A.M. No. 01-7-01-SC, holding that electronically generated ballot images and their printouts are equivalent to originals where they accurately reflect the data; the COMELEC reasonably credited the encrypted images as more secure (encryption, decryption controls, secured storage) and determined that physical ballots had been tampered, so recounting physical ballots would perpetuate fraud.
Doctrine:
- The digital ballot images stored in CF cards and their printouts are the functional equivalent of the official physical ballots under R.A. No. 9369 and Rule 4 of A.M. No. 01-7-01-SC.
- Administrative due process is satisfied by a fair opportunity to be heard, including written pleadings and motions for reconsideration.
- A COMELEC Division, through its presiding commissioner, may take measures deemed proper, including decryption and printing of ballot images, when the integrity of ballots is shown to be compromised.
- Where recounted physical ballots are shown to be tampered, those tampered revision results cannot be admitted to overturn the official count.
- A motion for inhibition of commissioners requires a showing of grounds; mere prior dissent in a related procedural matter does not by itself require inhibition.