G.R. No. L-29026 - Pacis vs. Commission on Elections

PANTALEON PACIS, petitioner, challenged the canvass and proclamation of ATANACIO NEGRE as Mayor-elect of SANCHEZ MIRA, CAGAYAN following the November 14, 1967 elections.
A shooting incident occurred on November 15, 1967 at the polling places Nos. 18, 19, 21 and 22 in Namuac barrio; then Vice Mayor Manuel Franco was killed; inspectors fled and left some election documents, ballot boxes and paraphernalia open and unsealed.
On November 16, 1967 it was discovered that some election returns had been tampered with, sealed or were missing; tally sheets and tally boards were missing in several precincts.

In the earlier related case (first Pacis, L-28455), this Court ordered THE COMMISSION ON ELECTIONS to investigate and to use the true returns from Precincts 18, 19, 21 and 22 and to direct a canvass of all precincts of Sanchez Mira and to proclaim the winning candidate.

Comelec investigation (Case No. RR-607) and May 11, 1968 report — Precinct findings

The ballot box copy (CE Form 58, SN 47118) was clean, sealed (paper seal No. 516360), and duly signed; the ballot-box copy of CE Form 42 bore paper seal No. 516352 and signatures.
The ballot-box copy read: NEGRE, ATANACIO — 39; PACIS, PANTALEON — 110.
Chairman Rizal Lagodon testified the board signed returns, placed ballot-box copy in the ballot box, left other returns unsealed after the shooting, then on November 16 placed all documents in the ballot box and later distributed returns to proper offices; Comelec concluded the ballot-box copy reflected the true result for Precinct 18.

Copies for the Commission, provincial treasurer and municipal treasurer contained erasures and superimpositions as to mayoralty votes; the ballot-box copy was blurred and illegible for mayor and other offices.
Tally sheets and tally boards were missing.
Chairman Violeta Barase testified she remembered NEGRE obtained 73 votes and PACIS 89 votes; she identified a certificate of votes signed by all board members showing 73 votes for NEGRE.
Poll clerk William Valdez corroborated the chairman, admitted writing the figure '9' on Pacis's entry in the Commission copy, and noted 164 voters actually voted.
NBI Questioned Documents Division opined that original erased entries opposite PACIS deciphered as "eighty-nine" and "89" while the now appearing figures read "one fifty nine" and "159".
On the basis of testimonies, the certificate of votes, and the NBI report, Comelec concluded the correct votes were NEGRE — 73 and PACIS — 89.

The different copies exhibited discrepancies between words and figures for mayoralty votes, with figures superimposed or erased.
Chairman Geminia Sumawang testified armed men ordered changes: remove '60' from Negre and reduce him to '9', while increasing Pacis from '119' to '179'; this explained word/figure discrepancies.
Comelec found the words-written entries in the provincial treasurer copy (Negre sixty-nine / Pacis one hundred nineteen) to be the true returns and concluded the correct votes were NEGRE — 69 and PACIS — 119.

All four copies appeared clean and signed; they showed NEGRE — 3 and PACIS — 174.
Chairman Romulo Agadon and LP inspector Santiago Udaundo testified the tally board showed different figures (Negre 83, Pacis 94) and that the return was prepared under duress; poll clerk and NP inspector contradicted them.
Tally sheet and tally board were missing; the ballot box had been left open from the morning of November 15 until the afternoon of November 16.
Comelec concluded the return was prepared "at the point of a gun" and that surrounding circumstances belied its authenticity; Comelec ruled there was no valid return for the office of mayor for Precinct 22.

Precinct 18: ballot-box copy (39 Negre, 110 Pacis) is true and to be used in canvass.
Precinct 19: commission, provincial and municipal copies falsified; true votes are 73 Negre and 89 Pacis; these votes shall be counted.
Precinct 21: three copies falsified; the words in the provincial treasurer copy (Negre 69, Pacis 119) are true and shall be used.
Precinct 22: no valid return for mayor; no vote to be counted.
Municipal Board of Canvassers of Sanchez Mira to convene at Comelec Manila to canvass anew all mayoral votes and to proclaim the elected municipal mayor.

The supervising attorney convened the municipal board; all members took oaths.
Petitioner moved to suspend proceedings to perfect an appeal; the supervising attorney denied the motion; petitioner obtained an order from the Comelec Chairman to continue canvass and hold proclamation in abeyance.
Canvassing used advance copies initially; municipal treasurer later arrived with his copies; a recanvass used municipal treasurer copies except for Precincts 18, 19, 21 and 22.
For Precinct 18 the ballot-box copy was used; for Precinct 19 Comelec's resolution was read and its prescribed votes entered; for Precinct 21 the votes written in words in the provincial treasurer copy were tallied; Precinct 22 no votes were counted.
The statement of votes signed by all board members showed PACIS — 2,102 and NEGRE — 2,...(Subscriber-Only)

Whether THE COMMISSION ON ELECTIONS validly ordered the municipal board of canvassers to use copies other than the municipal treasurer's copy, specifically (a) Comelec's own finding of correct votes and (b) the votes written in words in the provincial treasurer copy.

Whether a court may order a judicial recount when all copies of the election returns for concerned precincts have been tampered with.

Ruling:

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Ratio:

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