Title
Baddiri vs. Commission on Elections
Case
G.R. No. 165677
Decision Date
Jun 8, 2005
A 2004 election case involving a manifest error in vote tabulation for a Sulu Board Member candidate, corrected by the Provincial Board of Canvassers and upheld by COMELEC and the Supreme Court.
ruling
nullify
manifest error
A

Case Summary (G.R. No. 165677)

Factual Background

Petitioner, private respondent Loong and private respondent Hassan were candidates for Board Member, Sangguniang Panlalawigan, First District of Sulu in the May 10, 2004 elections. During canvass proceedings on May 17, 2004, respondent Loong discovered an alleged manifest error in the Certificate of Canvass (CoC) for the Municipality of Patikul that credited Baddiri with 4,873 votes although the supporting Statement of Votes by Precincts (SOVP) totaled 2,873 votes. The Municipal Board of Canvassers of Patikul executed an affidavit admitting an error in the addition of votes for Baddiri.

Proceedings Before the Provincial Board of Canvassers

On May 17, 2004, Loong filed a Petition for Correction of Manifest Error with the Provincial Board of Canvassers of Sulu. Petitioner filed an Opposition on May 18, 2004. On May 19, 2004, the Provincial Board granted the petition, relying on the municipal affidavit and because no proclamation had yet been made. The Provincial Board ordered correction of the Patikul CoC.

Consequence of the Correction and Appeal

After correction of the Patikul CoC, the recalculated totals placed Loong third and Hassan fourth, while Baddiri dropped to sixth and was excluded from the four winning seats. Petitioner filed an appeal with the COMELEC on May 20, 2004 (docketed SPC No. 04-159). Hassan moved to intervene to protect his interest as the fourth placer; the motion was granted.

Proceedings Before the COMELEC

The COMELEC First Division promulgated a Resolution on July 8, 2004 dismissing Baddiri’s appeal and affirming the Provincial Board’s ruling, directing reconvening and proclamation for Hassan. Petitioner moved for reconsideration. The COMELEC en banc denied the motion on October 1, 2004, affirmed the First Division Resolution, directed correction of the Patikul CoC and referral of the matter to the Law Department for investigation of the municipal board’s alleged inadvertence.

Petition for Certiorari and Issues Presented

Petitioner sought certiorari relief and injunctive relief from the Supreme Court, alleging grave abuse of discretion by the COMELEC in the resolutions of July 8 and October 1, 2004. He raised grounds that the COMELEC disregarded jurisdictional rules, that no manifest error existed, that the Provincial Board admitted evidence favoring petitioner, that Loong’s belated objection was estopped, and that petitioner’s due process rights were violated. The Court identified three principal issues: (1) whether a manifest error existed in Patikul’s CoC; (2) whether the Provincial Board had jurisdiction to entertain the correction petition; and (3) whether the COMELEC gravely abused its discretion in affirming the Provincial Board.

Petitioner’s Contentions

Petitioner argued there was no manifest error under Section 32 of COMELEC Resolution No. 6669 because none of the enumerated grounds for manifest error applied to the Patikul CoC. He contended that any correction should have been made by the Municipal Board of Canvassers, invoking Section 31 of Resolution No. 6669, and that Loong’s belated objection was barred by estoppel and deprived petitioner of due process. Petitioner also alleged the petition for correction was unverified and thus defective.

COMELEC’s Position and Findings

The COMELEC First Division found that the error fell squarely under subparagraph 5 of Section 32 of Resolution No. 6669—a mistake in the addition of votes—since the SOVP totals for Baddiri summed to 2,873 while the CoC showed 4,873. The en banc reviewed the original SOVP and found no tampering and confirmed the municipal board’s admission that the correct total was 2,873. The COMELEC invoked Rule 27, Sec. 7 to justify correction before proclamation and relied upon its discretion under Rule 1, Secs. 3–4 to construe and, if necessary, suspend procedural rules in the interest of justice.

Analysis — Manifest Error

The Supreme Court held that the COMELEC’s factual finding of a 2,000-vote addition error was supported by substantial evidence. The Court observed that the SOVP annexes demonstrated the correct precinct totals summing to 2,873 and that the municipal affidavit admitted the error. The Court treated the COMELEC’s factual determination as binding where supported by substantial evidence and rejected petitioner’s contention that no manifest error existed.

Analysis — Jurisdiction to Correct

The Court addressed petitioner’s argument that only the Municipal Board could correct the CoC. It explained that Section 7, Rule 27 of the COMELEC Rules of Procedure authorizes a Board of Canvassers to correct manifest errors before proclamation, and that either the Municipal or the Provincial Board may act. Because the canvass for the subject position was pending before the Provincial Board and the petition was filed there before proclamation, the Provincial Board properly exercised jurisdiction. The Court further

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