Title
De Leon vs. Imperial
Case
G.R. No. L-5758
Decision Date
Mar 30, 1954
Clerical error in vote count led to COMELEC's correction post-election; SC ruled COMELEC lacked authority after statutory period expired.

Case Summary (G.R. No. 47899)

Facts of the Case

During the canvass, de Leon was erroneously credited with 3,160 votes instead of the actual 3,060 votes he received. Gutierrez received 3,098 votes, which would have made him the rightful eighth councilor. After four months, on April 12, 1952, Gutierrez filed a petition with the Commission on Elections (COMELEC) to correct this error. The Commission ordered a reconvass on May 31, 1952, which resulted in Gutierrez being declared the winner, prompting de Leon to file a petition for certiorari to annul this proclamation.

Legal Questions Presented

The principal legal question relates to whether the Commission on Elections has the power to correct a clerical error made by the municipal board of canvassers after the expiration of the contest period and after the erroneously proclaimed candidate had already taken office. This hinges on the interpretation of the powers granted to the Commission under the Revised Election Code and constitutional provisions governing electoral processes.

Applicable Law

Article X, Section 2 of the 1987 Philippine Constitution grants the Commission on Elections exclusive authority over the administration of election laws. The Revised Election Code delineates the procedure for canvassing, emphasizing that boards of canvassers cannot modify their results post-announcement without a court directive. Sections 163, 168, and 174 establish timelines and procedural frameworks for addressing election protests and corrections, specifying the limited circumstances under which amendments can occur after proclamations.

Commission's Authority and Limitations

The Court held that any changes to election results post-proclamation must be executed through judicial means, reinforcing the idea that the right to the office becomes vested once the deadline for contesting the election has passed. The Commission's role, while significant in managing electoral processes, does not extend to re-evaluating or correcting errors that have been formalized in proclamations without a corresponding court order. This interpretation safeguards against diluting the finality and integrity of election outcomes.

Judicial Findings

The Court reviewed past decisions, underscoring that once a candidate assumes office and the statutory contest period lapses, the electoral process must reflect stability and predictability. The petitioner's assertion of the Commissio

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