Case Summary (G.R. No. 203302)
Antecedent Facts
• The Municipal Board of Canvassers proclaimed Saquilayan with 48,181 votes over Maliksi’s 39,682.
• Maliksi filed Election Protest No. 009-10 before the RTC of Imus, Cavite, challenging results in 209 clustered precincts.
• The RTC (Branch 22) conducted a manual revision and, in its 15 November 2011 decision, found Maliksi had 41,088 votes to Saquilayan’s 40,423, declaring Maliksi the duly elected mayor by 665 votes.
Trial Court Decision and Execution Pending Appeal
• RTC declared Saquilayan’s proclamation annulled and ordered him to cease exercising mayoral functions.
• Maliksi’s motion for execution pending appeal was granted on 28 November 2011.
• Saquilayan separately petitioned the COMELEC for certiorari (SPR (AE) No. 106-2011) to enjoin execution pending appeal; a First Division order of 20 December 2011 was not implemented due to dissenting votes.
Proceedings Before the COMELEC First Division
• On appeal (EAC (AE) No. A-22-2011), the First Division inspected ballot boxes, found alleged tampering, and ordered decryption, printing, and examination of digital ballot images stored in Compact Flash (CF) cards.
• The First Division applied six guidelines in appraising contested ballots: marked ballots, multi-shaded ballots, ambiguous votes, spurious ballots, over-votes, and rejected ballots.
• After recounting digital images in appealed precincts, it computed:
– Maliksi: 10,922 votes (appealed precincts) + 29,170 (non-appealed) = 40,092
– Saquilayan: 12,613 votes (appealed) + 35,908 (non-appealed) = 48,521
– Saquilayan led by 8,429 votes
• By Resolution of 15 August 2012, the First Division nullified the RTC decision and declared Saquilayan duly elected. The Law Department was directed to investigate alleged ballot-box tampering and Maliksi’s photocopying of an official ballot.
COMELEC En Banc Resolution
• Maliksi moved for reconsideration and voluntary inhibition of Commissioners Sarmiento, Velasco, and Lim.
• On 14 September 2012, the En Banc denied reconsideration and affirmed the First Division resolution.
• It upheld the use of digital ballot images under Section 1 and 2 of the Rules on Electronic Evidence (A.M. 01-7-01-SC) and R.A. 9369, finding them equivalent to original ballots.
• It noted an unprecedented 8,387 double-shaded ballots in Maliksi’s pilot precincts, concluding these were deliberately tampered.
• The En Banc ruled there was no denial of due process since Maliksi never objected to the decryption order and was afforded opportunities to be heard.
• The En Banc refused Maliksi’s inhibition motion for lack of basis.
Issues Presented to the Supreme Court
- Whether Maliksi was deprived of due process by the First Division’s decryption and examination of digital ballot images on appeal without notice.
- Whether digital ballot images constitute mere secondary evidence, usable only if original ballots are unavailable or compromised.
- Whether allegations of ballot and ballot-box tampering were belatedly raised.
- Whether there were grounds for inhibiting Commissioners Sarmiento and Velasco.
Supreme Court Majority Ruling (Carpio, J.)
• Petition for certiorari is dismissed; En Banc did not commit grave abuse of discretion.
• Due Process
– Maliksi was aware of and participated in trial-court and COMELEC proceedings regarding printing of digital ballot images.
– He received orders of 28 March 2012 and 17 April 2012, with personal service on his counsel, and filed motions and objections.
– Due process satisfied by opportunity to be heard in pleadings and motions for reconsideration.
• Evidentiary Value of Digital Images
– Under A.M. 01-7-01-SC Rules on Electronic Evidence and R.A. 9369, digital images and printouts are original-equivalent, not secondary evidence.
– Encryption, secure storage, and restricted decryption ensure integrity.
• Ballot-Box Tampering
– Issue was raised before the RTC in June 2010, and COMELEC found double-shading evidence of tampering.
– First Division acted under its powers (Section 6(f), Rule 2 of COMELEC Rules).
• Inhibition of Commissioners
– En Banc resolution appropriately addressed and denied the motion; concurrence by signatories obviates separate explanations.
• Decision is immediately executory; temporary restraining order lifted.
Case Syllabus (G.R. No. 203302)
Antecedent Facts
- In the May 10, 2010 municipal elections for Imus, Cavite, the Municipal Board of Canvassers proclaimed Homer T. Saquilayan winner with 48,181 votes over Emmanuel L. Maliksi’s 39,682 votes.
- Maliksi filed Election Protest No. 009-10 before the Regional Trial Court (RTC), Branch 22, of Imus, Cavite, contesting the count in 209 clustered precincts.
- On November 15, 2011, the RTC declared Maliksi duly elected with 41,088 votes to Saquilayan’s 40,423 votes (margin of 665), annulled Saquilayan’s proclamation, and ordered execution pending appeal.
- Saquilayan appealed to the COMELEC First Division (EAC (AE) No. A-22-2011) and sought certiorari to enjoin execution (SPR (AE) No. 106-2011).
COMELEC First Division Resolution (August 15, 2012)
- Upon inspection, it found apparent compromise of ballot integrity and alleged ballot-box tampering.
- Ordered decryption, printing, and examination of digital images stored in Compact Flash (CF) cards.
- Adopted six guidelines in appreciating contested ballots:
• Marked ballots (preserve voter intent unless unmistakable identification marks)
• Double-shaded ballots (use digital image to verify no over-voting)
• Ambiguous marks (give effect to voter intent; presume validity)
• Spurious ballots (PCOS-accepted images deemed authentic absent proof)
• Over-voting (stray votes not invalidating whole ballot)
• Rejected ballots (may be admitted if genuine upon further examination) - After recounting digital images, found Maliksi had 40,092 votes (29,170 in non-appealed clustered precincts; 10,922 in appealed) and Saquilayan 48,521 votes (35,908; 12,613), a margin of 8,429 in favor of Saquilayan.
- Nullified RTC decision and declared Saquilayan duly elected; d