G.R. No. 172278 - Pagaduan vs. Commission on Elections

Lydia R. Pagaduan (petitioner) and Arturo Y. Custodio (respondent) were candidates for Municipal Mayor of Zaragoza, Nueva Ecija.
Arturo Custodio was initially proclaimed winner by the Municipal Board of Canvassers with 6,595 votes against Pagaduan’s 6,140 votes, a margin of 455 votes.

On May 21, 2004, Pagaduan filed an election protest case before the Regional Trial Court (RTC) of Cabanatuan City, Branch 24, under Election Case No. 02-04.
The protest covered irregularities and alleged fraud in the counting of votes in 23 precincts, including issues like missing, broken, or destroyed seals and padlocks of ballot boxes.

In her petition, Pagaduan alleged fraud, miscounting, and other irregularities related to the ballots.
Protestee (Custodio) denied these allegations and moved for dismissal; however, pending the court’s decision, Custodio died.
The counsel for the deceased moved for dismissal claiming mootness, but the RTC allowed intervention by Vice-Mayor elect Teodorico B. Cornes, Jr.
On April 4, 2005, the RTC rendered a decision proclaiming Pagaduan as the duly elected mayor with 6,140 votes against 6,075 votes for the protestee.

Unsatisfied with the RTC decision, Cornes appealed to the Commission on Elections (COMELEC).
On December 12, 2005, the COMELEC First Division reversed the RTC decision, declaring Custodio the winner with 6,473 votes against Pagaduan’s 6,132 votes, and installed Vice-Mayor Cornes, Jr. as mayor pursuant to Section 44 of the Local Government Code.
Subsequently, Pagaduan filed a motion for reconsideration before the COMELEC First Division.
The case was elevated to the COMELEC En Banc, which on April 3, 2006, denied Pagaduan’s motion for reconsideration and modified the vote totals to 6,533 for Custodio and 6,143 for Pagaduan, affirming Custodio’s lead by 391 votes.
In light of Custodio’s death, the COMELEC declared Vice-Mayor Cornes, Jr. as the duly elected Municipal Mayor under Section 44 of the Local Government Code.

Pagaduan petitioned for certiorari before the Supreme Court to set aside the COMELEC resolutions on the following bases:

Grave abuse of discretion by the COMELEC First Division in reversing the RTC’s decision.
Validation of ballots in favor of the deceased Custodio not being supported by evidence.
Failure to observe RTC findings that some ballot boxes had irregularities (missing, broken, or destroyed seals and padlocks).

The petitioner contended that the COMELEC’s liberal interpretation under Section 211 of the Omnibus Election Code overlooked markings and corrections on the ballots, which should have rendered them invalid.

Whether the COMELEC First Division committed grave abuse of discretion in reversing the RTC’s decision that proclaimed Pagaduan as the duly elected mayor.

Specifically, whether the reversal and subsequent validation of ballots in favor of the deceased Custodio were supported by evidence on record.

Whether the COMELEC’s resolution preserving the validity of contested ballots—despite observed irregularities such as missing or damaged padlocks and seals—was in accordance with law.

The petitioner argued that the irregularities and alterations on the ballots should have led to their invalidation.

Whether it was proper for the COMELEC to declare Vice-Mayor elect Teodorico B. Cornes, Jr. as mayor under Section 44 of the Local Government Code following the death of the duly elected mayor.

This raised the issue of whether the automatic succession as provided by law was appropriately applied by the COMELEC.