Title
Maliksi vs. Commission on Elections
Case
G.R. No. 203302
Decision Date
Mar 12, 2013
Mayoral election protest in Imus, Cavite: Maliksi contested Saquilayan's win. RTC favored Maliksi, but COMELEC reversed. SC ruled COMELEC’s recount violated due process, remanded for proper recount.

Case Digest (G.R. No. 203302)
Expanded Legal Reasoning Model

Facts:

  • Election and Trial Court Proceedings
    • In the 10 May 2010 elections for Imus, Cavite, the Municipal Board of Canvassers proclaimed Homer T. Saquilayan winner with 48,181 votes over Emmanuel L. Maliksi’s 39,682 votes.
    • Maliksi filed Election Protest No. 009-10 in RTC Branch 22, contesting 209 clustered precincts. On 15 November 2011, the RTC declared Maliksi duly elected (41,088 vs. 40,423 votes) and granted execution pending appeal.
  • COMELEC First Division and En Banc Resolutions
    • Saquilayan appealed to COMELEC First Division (EAC (AE) No. A-22-2011). The First Division ordered decryption, printing, and examination of digital ballot images in Compact Flash (CF) cards, applying guidelines on marked, ambiguous, spurious, over-voted, and machine-rejected ballots.
    • After recounting digital images, the First Division found Saquilayan obtained 48,521 votes and Maliksi 40,092 votes; on 15 August 2012 it nullified the RTC decision and declared Saquilayan duly elected.
    • Maliksi moved for reconsideration and inhibition of Commissioners; on 14 September 2012 the COMELEC En Banc denied reconsideration, affirmed the First Division, and held digital images equivalent to original ballots.
    • Maliksi filed a petition for certiorari before the Supreme Court, which issued a temporary restraining order on 11 October 2012 against implementation of the En Banc resolution.

Issues:

  • Whether the COMELEC En Banc committed grave abuse of discretion or lacked jurisdiction in its 14 September 2012 Resolution by:
    • Depriving Maliksi of due process when the First Division ordered decryption, printing, and examination of digital ballot images without notice.
    • Treating ballot images as original evidence instead of mere secondary evidence, to the exclusion of physical ballots.
    • Admitting an issue of ballot and ballot-box tampering allegedly belatedly raised.
    • Denying Maliksi’s motion for inhibition of Commissioners Sarmiento and Velasco.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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