Case Summary (G.R. No. 135468)
Election Results and Initial Proceedings
Following the elections, on May 13, 1998, the Municipal Board of Canvassers proclaimed the duly elected members of the Sangguniang Bayan, with Angelia receiving 7,765 votes, placing him in eighth position, while Tan received 7,761 votes, ranking him ninth. Tan subsequently filed a petition for quo warranto on May 25, 1998, arguing that election returns inaccurately credited him with fewer votes and inaccurately counted Angelia’s votes.
COMELEC's Annulment of Proclamation
On June 12, 1998, Angelia took his oath of office. Meanwhile, Tan withdrew his quo warranto case and later filed a petition with the COMELEC on June 23, 1998. Tan's evidence included affidavits from poll clerks and voters that supported his claims of vote miscounting. On August 18, 1998, the COMELEC ruled in favor of Tan, annulling Angelia’s proclamation and ordering the Municipal Board of Canvassers to correct the election returns and proclaim the winning candidates accordingly.
Procedural Issues and Petition for Certiorari
Angelia contended that the COMELEC violated his constitutional right to due process by issuing the annulment without prior notice and hearing, as per his petition for certiorari. He subsequently filed this petition with the Supreme Court, asserting that the announcement of the COMELEC was premature as he had filed a motion for reconsideration.
Examination of Legal Procedures
The Supreme Court held that Angelia’s petition was properly filed as the COMELEC’s resolution was not open for reconsideration, thus requiring Angelia to pursue certiorari directly. The Court addressed procedural fairness and concluded that while the COMELEC's failure to provide notice and hearing was a procedural misstep, the identification of manifest errors warranted a re-examination of the election returns without a full trial.
Manifest Errors in Election Returns
The discrepancies in the election returns, as highlighted by the evidentiary submissions, included Tan being credited with 82 votes rather than the correct 92, and Angelia being credited with 18 votes rather than 13. Based on the COMELEC Resolution No. 2962, which established that the tally in the “taras” or tally prevailed over the written totals, the Supreme Court found that the errors discovered were manifest and corrected through administrative actions without necessitating the opening of ballot boxes.
Supreme Court Decision and Modifications
The Supreme Court affirmed the COMELEC's August 18 resolution with modifications. It explicitly directed the Municipal Board of Canvassers to reconvene with due
...continue readingCase Syllabus (G.R. No. 135468)
Case Background
- The case involves a petition for certiorari under Rule 65 of the Rules of Civil Procedure, filed by Dioscoro O. Angelia against the Commission on Elections (COMELEC) and Florentino R. Tan.
- The petition seeks to annul the resolution dated August 18, 1998, by the COMELEC that annulled Angelia's proclamation as a member of the Sangguniang Bayan of Abuyog, Leyte, and ordered corrections in election returns.
Election Context
- In the May 11, 1998 elections, Dioscoro O. Angelia and Florentino R. Tan were candidates for the Sangguniang Bayan of Abuyog, Leyte.
- After the canvass on May 13, 1998, the Municipal Board of Canvassers proclaimed the following candidates as duly elected:
- Placido A. Deloy - 9,681 votes
- Emmanuel L. Gacis - 9,164 votes
- Edmundo P. Sano - 8,720 votes
- Clementino Rudas - 8,277 votes
- Francis Raymundo Realino - 8,173 votes
- Carmelita P. Piscos - 7,898 votes
- Marcelo G. Ganoza - 7,835 votes
- Dioscoro O. Angelia - 7,765 votes
- Florentino R. Tan - 7,761 votes (ranked ninth)
Dispute and Legal Actions
- On May 25, 1998, Tan filed a petition for quo warranto with the Regional Trial Court, claiming discrepancies in the votes credited to him and Angelia.
- He alleged that he was credited with only 82 votes instead of 92 in Precinct Nos. 84-A/84-A-1, and that Angelia was credited with 18 votes instead of 13 in Precinct No. 23-A.
- Tan's claims indicated that he actually received 7,771 votes, while Angelia received only 7,760 votes.
- On June 12, 1998, Angelia assumed office, and on June 23, 1998, Tan withdrew his