G.R. No. 141952-53 - Dumayas, Jr. vs. Commission on Elections

Case Summary (G.R. No. 141952-53)

Factual Background

Petitioner Dumayas and respondent Bernal were rival candidates for Mayor of Carles, Iloilo in the May 11, 1998 elections. During the municipal canvass on May 13, 1998 petitioner protested the election returns from precincts 61A, 62A, and 63A/64A of Barangay Pantalan on the ground that the returns were prepared under duress and in violation of Sections 234, 235 and 236 of the Omnibus Election Code, alleging acts of terrorism, intimidation and coercion. Petitioner submitted joint affidavits of his watchers and supporters and a blotter-derived police certification recounting alleged presence and intimidating conduct of local officials and a police officer during voting and counting. Respondent Bernal countered with joint affidavits of the Boards of Election Inspectors for the contested precincts and affidavits by persons alleged to have been present, each categorically denying intimidation or coercion and attesting that voting, counting and preparation of returns were peaceful and regular.

Canvass, Initial Rulings and Proclamation

The Municipal Board of Canvassers denied petitioner's objections on May 14, 1998 and proceeded with canvass producing an overall total of 7,777 votes for Dumayas and 7,904 votes for Bernal. Petitioner filed a Notice of Appeal with COMELEC on May 15, 1998. On August 4, 1998 the COMELEC Second Division resolved to exclude the three contested election returns and directed the MBC to reconvene and proclaim the winning candidate after finishing the canvass. Pending resolution of motions, the MBC reconvened and, on August 17, 1998, proclaimed petitioner Dumayas as winner after excluding the contested returns pursuant to the Second Division resolution.

Motions, Court Filing and Elevation to the En Banc

Private respondent Bernal filed a motion for reconsideration with the COMELEC en banc on August 10, 1998, and an order certifying elevation to the en banc was issued August 12, 1998. Vice-Mayor Arnold Betita thereafter filed a petition docketed Spl. Civil Action No. 98-141 in the Regional Trial Court of Iloilo, which included Bernal as a petitioner, and which the parties and the Commission treated as an action that challenged the legality of Dumayas' proclamation. Petitioner moved to expunge Bernal’s motions from the COMELEC files on the ground that Bernal had abandoned them by filing the court action.

COMELEC En Banc Resolution and Subsequent Proclamation

In a resolution dated August 24, 1999 but promulgated March 2, 2000 the COMELEC en banc reversed the Second Division, annulled Dumayas’ proclamation and constituted a new Municipal Board of Canvassers to complete canvassing and proclaim the true winner. The en banc directed Dumayas to cease performing mayoral functions. On March 13, 2000 the newly constituted MBC proclaimed Felipe Bernal, Jr. as duly elected Mayor of Carles, Iloilo.

Issues Presented to the Court

The Court framed the issues as: (1) whether respondent Bernal’s filing of Spl. Civil Action No. 98-141 before the regular court amounted to abandonment of his motions pending with the COMELEC en banc; (2) whether COMELEC erred in ordering the inclusion of the three contested election returns in the canvass; and (3) whether the COMELEC en banc resolution should be voided under Article IX-A, Section 7, 1987 Constitution because two commissioners who participated earlier had retired before promulgation.

Parties’ Contentions

Petitioner contended that Bernal had abandoned his motions before COMELEC by filing the court action, that the contested returns should have been excluded because they were prepared under duress, and that the en banc resolution was void because two commissioners had retired before promulgation, thereby violating Article IX-A, Section 7. Respondents maintained that Bernal did not abandon his motions, that petitioner failed to prove duress sufficient to exclude returns, and that the en banc acted within its authority.

Ruling of the Supreme Court

The Court dismissed the special civil action for lack of merit and affirmed the COMELEC en banc resolution dated August 24, 1999. The Court ordered costs against petitioner. The decision listed Chief Justice Davide, Jr. and Justices Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez as concurring.

Legal Basis and Reasoning — Effect of Retirement of Signatories

Addressing the retirement issue, the Court relied on Jamil vs. Commission on Elections, 283 SCRA 349 (1997), and held that a vote cast by a member who vacated office before promulgation must be treated as withdrawn. The Court explained that the withdrawal of votes need not void the decision unless it materially alters the result. In the present case the retirement of Commissioners Gorospe and Guiani required cancellation of their votes, but the remaining commissioners at promulgation still formed a quorum and the vote among incumbents was three to one in favor of respondent. The Court therefore found no ground to declare the en banc resolution a nullity on that account.

Legal Basis and Reasoning — Effect of Court Filing on Pending COMELEC Motions

On abandonment, the Court stated the general rule that filing an election protest or quo warranto under the Omnibus Election Code divests COMELEC of power to adjudicate the same controversy, citing Samad vs. COMELEC, 224 SCRA 631 (1993), but noted recognized exceptions enumerated in Laodenio vs. COMELEC, 276 SCRA 705 (1997). The Court examined Spl. Civil Action No. 98-141 and concluded that it was not a quo warranto under the Omnibus Election Code nor a conventional election protest, but rather an action in the nature of annulment of the proclamation and of usurpation brought under succession rules in the Local Government Code. The Court applied the principle that the nature of an action is determined by its averments, and determined that because Betita’s petition sought annulment of the proclamation, it did not constitute an adequate substitute for Bernal’s motions before the COMELEC. Accordingly, Bernal did not abandon his COMELEC remedies and the en banc did not err in refusing to expunge his motions.

Legal Basis and Reasoning — Inclusion of the Contested Returns

Concerning the merits of exclusion, the Court held that the COMELEC en banc properly reversed the Second Division. The Court noted that petitioner relied principally on self-serving affidavits of watchers and supporters; th

Case Syllabus (G.R. No. 141952-53)

Parties and Procedural Posture

Rodolfo Dumayas, Jr. filed a special civil action seeking to nullify the COMELEC en banc Resolution of March 2, 2000 reversing the COMELEC Second Division and annulling his proclamation as Municipal Mayor of Carles, Iloilo.
Commission on Elections promulgated the assailed en banc Resolution which reversed its Second Division and constituted a new Municipal Board of Canvassers to complete canvassing and proclaim the true winner.
Municipal Board of Canvassers of Carles, Iloilo initially denied petitioner’s objections to three contested returns and later proclaimed petitioner mayor pursuant to the Second Division resolution.
Felipe Bernal, Jr. filed motions for reconsideration and to declare petitioner’s proclamation void ab initio before the COMELEC en banc and was later proclaimed mayor by the reconstituted MBC.
Vice-Mayor Arnold Betita filed Spl. Civil Action No. 98-141 in the Regional Trial Court claiming unlawful assumption and seeking annulment of the proclamation, which prompted questions about abandonment of COMELEC motions.

Key Factual Allegations

The May 11, 1998 synchronized elections in Carles, Iloilo precipitated a contest between Dumayas and Bernal for mayor.
Petitioner protested election returns from precincts nos. 61A, 62A, and 63A/64A on grounds of alleged violations of Secs. 234, 235, 236 of the Omnibus Election Code and coercive acts such as terrorism and intimidation.
Petitioner alleged that local barangay officials and police personnel, including SPO3 Gilbert Sorongon, intimidated voters and watchers, that returns were prepared under duress, and that watchers were coerced into signing or thumbmarking pre-prepared returns.
The Municipal Board of Canvassers proceeded to include the contested returns and initially proclaimed totals that placed Bernal ahead of Dumayas after inclusion and later proclaimed Dumayas after exclusion in accordance with the COMELEC Second Division resolution.

Evidence Presented

Petitioner relied principally on joint affidavits of his political watchers and supporters, a police blotter report certification, and a corroborating affidavit of a supporter as proof of intimidation and duress.
Respondent Bernal submitted joint affidavits of the Boards of Election Inspectors for the contested precincts attesting that the elections were peaceful and that no intimidation, coercion, or irregularities occurred.
The contested election returns were observed by the COMELEC to be signed, thumbmarked, and on their face regular without visible signs of tampering.

Issues Presented

Whether Bernal was deemed to have abandoned his COMELEC motions by joining Vice-Mayor Betita’s quo warranto-like petition filed in the RTC.
Whether the COMELEC erred in ordering the inclusion of the three contested election returns in the canvass.
Whether the en banc Resolution of March 2, 2000 was void for contravening Article IX-A, Section 7 of the 1987 Constitution due to the retirement of two commissioners before promulgat