Case Digest (G.R. No. 205855)
Facts:
In Joseph Peter S. Sison v. Commission on Elections, G.R. No. 134096, decided en banc on March 3, 1999, petitioner Joseph Peter S. Sison filed before the Commission on Elections (COMELEC) a petition in SPC No. 98-134 under Section 6 of the Omnibus Election Code, seeking to suspend the canvassing of votes and/or proclamation in Quezon City and to declare a failure of elections on the ground of “massive and orchestrated fraud and acts analogous thereto.” During the preparation and custody of election returns, petitioner alleged numerous irregularities: inclusion of returns without inner seals, removal of copies by inspectors, missing or falsified returns, unauthorized persons introducing documents into the canvassing area, discarded canvassing materials, misplacement of returns in ballot boxes, and manufactured returns in Barangay New Era. While this petition was pending, the Quezon City Board of Canvassers proceeded to proclaim winners, including the vice mayoralty candidate.Case Digest (G.R. No. 205855)
Facts:
- Initiation of Petition
- Petitioner Joseph Peter S. Sison filed before the COMELEC SPC No. 98-134 under Section 6 of the Omnibus Election Code (BP Blg. 881, as amended), seeking to suspend the canvassing of votes and/or proclamation in Quezon City and to declare a failure of elections.
- He alleged “massive and orchestrated fraud and acts analogous thereto” occurring after voting and during preparation, custody or canvass of returns, which resulted in a failure to elect.
- Allegations of Fraud
- Election returns lacking inner seals were included in the canvass and copies meant for the City Board were removed by Board inspectors.
- Returns were allegedly tampered with, altered or falsified.
- Minutes of the City Board of Canvassers noted missing returns in certain precincts.
- Some returns contained no vote data for the vice-mayoralty.
- Suspicious persons introduced documents into the canvassing area.
- COMELEC disposal materials found in trash, including minutes, keys, locks and seals.
- Inspectors admitted placing returns in ballot boxes due to fatigue.
- Ballot boxes were kept in a restricted area without watchers’ access.
- Returns in Barangay New Era exhibited manufactured voting patterns.
- COMELEC Resolution and Proclamation
- While SPC No. 98-134 was pending, the Quezon City Board of Canvassers proclaimed winners, including the vice-mayor.
- On June 22, 1998, the COMELEC dismissed the petition for (a) insufficient evidence and (b) grounds not being among pre-proclamation issues under Section 17 of RA 7166.
- Petition for Certiorari
- Petitioner filed a Rule 65 petition in the Supreme Court, challenging the COMELEC resolution for lack of due process (no hearing or presentation of evidence) and asserting that returns and minutes sufficed as evidence.
Issues:
- Did the COMELEC commit grave abuse of discretion in dismissing SPC No. 98-134?
- Was petitioner’s remedy properly grounded in failure of elections (Section 6) or pre-proclamation controversy (Sections 241-248, BP 881 as amended by RA 7166)?
- Did the petition present sufficient evidence to warrant suspension of canvassing or declaration of failure of elections?
- Was petitioner deprived of due process by not being allowed to present evidence before the COMELEC?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)