Title
Sales vs. Commission on Elections
Case
G.R. No. 174668
Decision Date
Sep 12, 2007
Election protest between mayoral candidates dismissed as moot after term expiration, rendering no practical relief or justiciable controversy.
election protest
mayoral position
literate voters
A

Case Digest (G.R. No. 174668)

Facts:

  • Parties and capacities in the contested local elections
  • Marlon T. Sales (Sales) was a candidate for Mayor in Pagudpud, Ilocos Norte in the 10 May 2004 local elections.
  • Thelma Benemerito (Benemerito) was also a candidate for Mayor in Pagudpud, Ilocos Norte in the 10 May 2004 local elections.
  • The Municipal Board of Canvassers proclaimed Sales as the duly elected Mayor of Pagudpud, Ilocos Norte.
  • Initiation of the election protest before the Regional Trial Court
  • Benemerito filed an election protest before the RTC questioning the results in 54 precincts in Pagudpud, Ilocos Norte.
  • Benemerito’s ground for the protest was that literate voters were allowed to vote as illiterates in the 10 May 2004 local elections.
  • Sales, in his Answer to the protest, asserted that Benemerito’s allegations were misplaced and unsubstantiated.
  • Sales instituted a counter-protest also assailing the results of the 10 May 2004 local elections.
  • The RTC issued an Order creating two revision committees following the filing of the protest and counter-protest.
  • On 7 April 2005, the RTC declared that the revision of ballots in all precincts subject of the protest and counter-protest was already terminated.
  • Proceedings on verification of voter registration and motions relating to ballot matching
  • Benemerito prayed for the verification of the Voter’s Registration Record.
  • Sales opposed the verification.
  • The RTC denied Sales’s opposition and proceeded with the verification of the Voter’s Registration Record.
  • On 17 May 2005, Benemerito filed a Motion for Matching of Ballots Cast with Lower Detachable Coupons, praying that the matching be conducted within the premises and under the supervision of the court.
  • The RTC denied the motion in an Order dated 22 June 2005, reasoning that:
1) before the motion could be granted, Benemerito had to show by competent evidence after due hearing that literate voters were allowed to vote as illiterates in the contested elections; and 2) inasmuch as the matching would violate the sanctity of the ballots, a waiver by the voters had to be shown.
  • Benemerito filed a Motion for Partial Reconsideration with the RTC seeking:
1) the setting aside of the 22 June 2005 Order insofar as it required the presentation of waiver of literate voters; 2) the setting of a hearing for the presentation of evidence to prove that many literate voters were allowed to vote as illiterates; and 3) the issuance of another Order granting relief on the Motion for Matching of Ballots.
  • The RTC granted Benemerito’s Motion for Partial Reconsideration on 27 July 2005.
  • Sales filed a Motion for Reconsideration of the 27 July 2005 Order, but the RTC denied it in an Order dated 16 August 2005.
  • Review by the COMELEC and subsequent denial of reconsideration
  • Sales appealed to the COMELEC via a Petition for Certiorari, alleging grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the RTC in issuing its Order...(Subscriber-Only)

Issues:

  • Justiciability of the controversy after expiration of the contested mayoral term
  • Whether the Petition should still be resolved on the merits despite the expiration on 30 June 2007 of Sales’s contested term of office.
  • Alleged grave abuse of discretion in COMELEC’s affirmance of RTC Orders
  • Whether the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in affirming the RTC Orders dated 27 July 2005 and 16 August 2005.
  • Whether the RTC’s rulings—relating to verification of voter registration and Benemerito’s motions, including...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
Unlock Full Case Digest

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms