G.R. No. L-37504 - Escay vs. Court of Appeals

The petitioners in these consolidated cases are candidates challenging COMELEC resolutions affecting the canvassing and proclamation of winners in local elections.
The cases consolidated are:

G.R. No. 105227 – Leandro I. Verceles, candidate for Governor of Catanduanes.
G.R. Nos. 105870-74 – Benjamin U. Borja, Jr., candidate for Mayor of Pateros, Metro Manila.
G.R. No. 105939 – Ombawa B. Madum, mayoralty candidate in Marawi City.

Petition seeks the annulment of COMELEC Resolution No. 92-1485 dated May 14, 1992.
Challenge is based on the contention that the resolution enjoining the City/Municipal Board of Canvassers from ruling on objections to election returns for provincial offices violates both the Omnibus Election Code and R.A. No. 7166.

Petition seeks to set aside a COMELEC En Banc resolution dated June 27, 1992.
The resolution denied his appeals for the exclusion of certain election returns and directed the Municipal Board of Canvassers to proceed with canvassing and proclaiming winners despite ongoing disqualification proceedings against respondent Capco, Jr.

The petitioner questions COMELEC Resolution No. 2489 dated June 29, 1992.
The resolution dismissed his petition for a recount of votes in 35 precincts and for declaring failure of election in four precincts, a dismissal that paved the way for the proclamation of respondent Basman as the duly elected mayor.

The issues raised in these petitions are considered pre-proclamation controversies.
No restraining orders were issued and the winning candidates had already been proclaimed.
Under Section 16 of R.A. No. 7166, all pending pre-proclamation cases are automatically terminated at the beginning of the term, with the rulings of the Boards of Canvassers being deemed final.
Notwithstanding the mootness due to proclamation, the petitions contain unresolved controversies regarding the propriety of the actions taken by COMELEC and the local canvassing boards.

The petitions collectively challenge the legality of pre-proclamation decisions affecting the outcome of the elections.
The cases refer to precedents such as Jardiel v. COMELEC and Aves, indicating a framework where certain electoral irregularities could be reconsidered.
However, the court found that while some issues might be technically revisit-able (e.g., the recount in Marawi City), in the present instances they were rendered moot or lacked sufficient merit.

Whether a petition raising a pre-proclamation controversy remains justiciable after the official winners have been proclaimed pursuant to Section 16 of R.A. 7166.
Whether the automatic termination of pre-proclamation cases precludes further judicial review on these issues.

Whether the COMELEC Resolution No. 92-1485 (G.R. No. 105227) unlawfully prevented the local canvassing boards from ruling on objections to election returns for provincial offices.
Whether the COMELEC resolution in G.R. Nos. 105870-74 ordering the canvassing and subsequent proclamation despite pending disqualification proceedings violates the principles underlying the Omnibus Election Code and R.A. No. 7166.

Whether the petition in G.R. No. 105939 that sought a recount of votes in 35 precincts—and the declaration of failure of election in four precincts—presents a sufficiently meritorious issue to warrant judicial intervention.
Whether the number of votes in the contested precincts could materially alter the outcome of the election.

How the running of the period for filing election protests is affected by the pendency of these cases and the proclamation of the winners.