Case Summary (G.R. No. 162035)
Applicable Law and Procedural History
The procedural backdrop includes Election Case No. 314, wherein Lomboy protested the election results, leading to a revision of the contested ballots by a Revision Committee. The MTC's decision on September 5, 2002, was appealed by Cantoria to the COMELEC, which upheld the lower court's ruling in a resolution on January 29, 2004. Cantoria filed a special civil action for certiorari with the Supreme Court, seeking to annul COMELEC's resolution without having filed a motion for reconsideration.
Petitioner’s Arguments
Cantoria argued that the COMELEC erred in affirming the MTC's decision, claiming that certain ballots were improperly credited. He contended that:
- Ballots containing the nickname "Boyet Cantoria" should be counted in his favor.
- Ballots with the names "Cristo Eleiser Lomboy" and "Adong Lomboy" were incorrectly counted for Lomboy.
- Ballots with "Aconga" were unfairly credited to Lomboy, as it is not his registered name.
- A blank vote for Punong Barangay, where Lomboy's name was improperly written, was wrongly credited to Lomboy.
Respondent’s Counterarguments
Lomboy contended that COMELEC's resolution was final and executory due to Cantoria's failure to file a motion for reconsideration. He argued that the issuance of a restraining order was no longer valid since COMELEC lost jurisdiction upon the resolution's execution. Additionally, Lomboy maintained that Cantoria's allegations pertain to mere errors in judgment rather than grave abuse of discretion.
Findings of the Court
The Court determined that the petition lacked merit, emphasizing that certiorari is not a substitute for a lapsed remedy of appeal and that the proper recourse for Cantoria was to file a motion for reconsideration. The Court cited the COMELEC Rules, which state that decisions become final if no motion for reconsideration is filed within the specified period, underscoring the need for timely procedural actions.
Evaluation of Ballots and Abuse of Discretion
The Court examined Cantoria’s claims concerning the ballots. It found that:
- The MTC correctly credited votes for "Boyet Cantoria" and "Boy Boyet" to him.
- The MTC disallowed ballots with "Cristo Eleiser Lomboy," as they did not represent the respo
Case Syllabus (G.R. No. 162035)
Case Overview
- The case involves a special civil action for certiorari with a prayer for a Temporary Restraining Order and/or Preliminary Injunction.
- The petitioner, Gilberto Cantoria, seeks to annul the Commission on Elections (COMELEC) Resolution dated January 29, 2004.
- The resolution affirmed the Municipal Trial Court (MTC) of Santa Maria, Pangasinan's decision declaring Ciriaco Lomboy as the duly elected Barangay Captain of Poblacion East.
Antecedent Facts
- In the July 15, 2002 election for Barangay Captain, Cantoria received 233 votes, while Lomboy received 231 votes, leading to Cantoria's proclamation as the winner.
- Lomboy filed an election protest (Election Case No. 314) with the MTC on July 19, 2002, leading to a revision of the ballots.
- The Revision Committee concluded that Cantoria actually received 228 votes, and Lomboy 231 votes.
- The MTC rendered a decision on September 5, 2002, declaring Lomboy as the duly elected barangay captain.
Proceedings Before the COMELEC
- Cantoria appealed the MTC's decision to the COMELEC, arguing that the trial court erred in its interpretation of certain ballots.
- The COMELEC's Second Division dismissed Cantoria's appeal for lack of merit in its resolution dated January 29, 2004, affirming the MTC's ruling.
Petitioner’s Arguments
- Cantoria raised several points of error against the COMELEC:
- Ballots with the nicknames "Boyet Cantoria" and "Boy Boy" should be credited to him as his registered nicknames.
- Ballots with the names "Cristo Eleiser Lomboy" and "Adong Lomboy" were count