Title
Santos vs. Commission on Elections
Case
G.R. No. 164439
Decision Date
Jan 23, 2006
Santos contested Asistio's 2004 Caloocan City councilor election win, alleging vote manipulation. COMELEC dismissed his petition; Supreme Court ruled Santos guilty of forum shopping, dismissing his case.
petition
annulment
proclamation
A

Case Digest (G.R. No. 164439)

Facts:

  • Background of the Election and the Candidates
    • Jeffrey L. Santos and Macario E. Asistio III were candidates for Councilor for the Second District of Caloocan City in the May 10, 2004 elections.
    • The City Board of Canvassers proclaimed Asistio as councilor-elect on May 18, 2004 based on the official canvass of votes.
    • Vote Tally:
      • Asistio secured 45,163 votes, filling the sixth and last slot for councilor.
      • Santos garnered 44,558 votes, placing him seventh.
  • The Petition and Alleged Voting Irregularities
    • Santos filed a petition for annulment of Asistio’s proclamation on May 28, 2004 (SPC No. 04-233) with the COMELEC.
    • Grounds of the Petition:
      • Allegation of “dagdag-bawas” — that Santos’ votes were erroneously reduced and Asistio’s erroneously increased.
      • Evidence Submitted: Santos relied on certified true copies of NAMFREL’s election returns and original Certificates of Votes from poll watchers.
      • Santos claimed that, based on this evidence, he actually obtained 46,361 votes against Asistio’s 45,514 votes.
    • Relief Sought:
      • Nullification of the proclamation of Asistio.
      • Declaration of Santos as the duly elected Councilor.
  • COMELEC Proceedings and Resolutions
    • COMELEC First Division Resolution (June 29, 2004):
      • Dismissed SPC No. 04-233 for lack of merit.
      • Key Points in the ruling:
        • The absence of Santos’ watchers and counsel during the initial canvassing was not sufficient ground for annulment.
ii. The documents prepared by Santos, though based on certified copies of NAMFREL’s returns and poll watchers’ Certificates of Votes, were ruled inadmissible as evidence. iii. Santos was urged to assail the canvassing proceedings through a pre-proclamation controversy or an election protest within ten days after the proclamation, rather than through an annulment petition.
  • COMELEC En Banc Resolution No. 7257 (June 29, 2004):
    • Issued as an omnibus resolution addressing pending cases from the May 10, 2004 elections.
    • Under Section 16 of R.A. 7166, it provided for termination of pre-proclamation cases (except those which appeared meritorious or subject to further orders by the Supreme Court or COMELEC).
    • The resolution dismissed cases filed without the timely payment of the filing fee and those not filed within the reglementary period.
    • Importantly, the list annexed to Resolution No. 7257 did not include SPC No. 04-233, effectively terminating the case.
  • Subsequent Developments and the Petition to the Supreme Court
    • Santos filed a motion for reconsideration with the COMELEC En Banc on July 9, 2004, challenging the earlier resolution of the COMELEC First Division.
    • On August 30, 2004, Santos filed a petition for certiorari before the Supreme Court, assailing both the COMELEC First Division’s June 29 resolution and Resolution No. 7257 issued by the COMELEC En Banc.
    • During the proceedings:
      • Asistio, in his comment, accused Santos of forum shopping.
      • The COMELEC En Banc had addressed Santos’ motion for reconsideration on September 15, 2004, affirming the earlier resolution, though this fact came to light only when Asistio’s comment alerted the Court.
    • Santos’ Argument:
      • In his reply, Santos maintained that his petition before the Supreme Court solely challenged Resolution No. 7257, not the First Division’s resolution.
      • He argued that the exclusion of SPC No. 04-233 from the active list in Resolution No. 7257 rendered the case terminated to finality, a claim he said he learned on July 22, 2004.
      • However, Santos admitted that his motion for reconsideration was still pending before the COMELEC En Banc at the time of filing his petition for certiorari.

Issues:

  • Whether Santos is guilty of forum shopping by concurrently pursuing different remedies for the same electoral dispute:
    • The Court had to determine if Santos’ simultaneous filing of a motion for reconsideration with the COMELEC En Banc and a petition for certiorari before the Supreme Court constituted forum shopping.
  • Whether the COMELEC First Division committed grave abuse of discretion in dismissing SPC No. 04-233:
    • The consideration revolved around the admissibility of evidence and procedural irregularities in the canvassing process.
  • Whether the COMELEC En Banc committed grave abuse of discretion in excluding SPC No. 04-233 from the list of cases annexed to Resolution No. 7257:
    • The Court evaluated if the exclusion was proper or if it prejudiced Santos’ right to have his electoral protest heard.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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