G.R. No. 174668 - Sales vs. Commission on Elections

Case Summary (G.R. No. 174668)

Factual Background

Sales and Benemerito both ran for Mayor in Pagudpud, Ilocos Norte in the 10 May 2004 local elections. The Municipal Board of Canvassers proclaimed Sales as the duly elected mayor. Benemerito then filed an election protest before the RTC, contesting results in 54 precincts on the theory that literate voters were allowed to vote as illiterates.

In his Answer, Sales maintained that Benemerito’s allegations were misplaced and unsubstantiated and he filed a counter-protest assailing the election results as well. The RTC, after the protest and counter-protest were filed, issued an order creating two revision committees. It later declared, on 7 April 2005, that the revision of ballots in all precincts subject of the parties’ respective pleadings had already been terminated.

Benemerito subsequently sought verification of the Voter’s Registration Record, while Sales opposed it. The RTC denied Sales’s opposition and proceeded with the verification. On 17 May 2005, Benemerito filed a Motion for Matching of Ballots Cast with Lower Detachable Coupons, requesting that the matching be conducted within the court premises and under court supervision. The RTC denied this motion in an order dated 22 June 2005, reasoning that before the matching could be allowed, Benemerito had to show through competent evidence after due hearing that literate voters were indeed allowed to vote as illiterates in the contested elections. The RTC also emphasized that because such acts would violate the sanctity of the ballots, a waiver by voters had to be shown.

Benemerito filed a Motion for Partial Reconsideration of the 22 June 2005 order. She prayed, among others, for the setting aside of that portion requiring proof of waiver; for a hearing to present evidence showing that many literate voters were allowed to vote as illiterates; and for an order granting her request for matching. The RTC granted the motion on 27 July 2005. Sales moved for reconsideration of the RTC’s 27 July 2005 order, but the RTC denied the motion in an order dated 16 August 2005.

RTC Orders Subject of Review

The petition before the Supreme Court targeted the RTC rulings, as affirmed by COMELEC, that shaped the evidentiary course of the election protest. The 27 July 2005 Order set a hearing for the reception of evidence to establish whether literate voters were allowed to vote as illiterates in the 10 May 2004 elections. The RTC’s 16 August 2005 Order denied Sales’s motion for reconsideration of that 27 July 2005 ruling. According to the procedural posture reflected in the COMELEC resolutions, the RTC’s earlier denial of the matching motion had been premised on the need for evidence, after hearing, and the showing of a waiver to avoid impairment of the ballot’s sanctity. The RTC later reversed course by partially granting Benemerito’s partial reconsideration.

The Parties’ Contentions Before COMELEC and in the Petition

Sales elevated the RTC rulings to the COMELEC by filing a Petition for Certiorari, alleging grave abuse of discretion amounting to lack or excess of jurisdiction when the RTC issued its orders dated 27 July 2005 and 16 August 2005. On 7 June 2006, the COMELEC issued a resolution dismissing Sales’s petition for lack of merit and directed the RTC “to proceed with dispatch” with the hearing and disposition of Election Protest No. 01-04. Sales moved for reconsideration, but COMELEC denied the motion in its resolution dated 18 September 2006.

Sales then filed the present Supreme Court Petition for Certiorari under Rule 65, imputing grave abuse of discretion to COMELEC in affirming the RTC orders.

Mootness Due to Expiration of the Contested Term

While the petition was still pending, elections were held on 14 May 2007, and the winners assumed office by 1 July 2007. Critically, Sales’s term as mayor of Pagudpud, Ilocos Norte—arising from the contested 10 May 2004 election—expired on 30 June 2007. The Court noted that Benemerito first raised the matter of mootness and Sales later admitted it. With the expiration of the tenure of the contested mayoralty position on 30 June 2007, the Supreme Court treated the controversy as no longer presenting an actual, practical relief that the Court could grant.

The Court applied the settled principle that courts will not decide a moot question where no practical relief can be provided. It treated the mootness as depriving the case of a justiciable controversy, stating that it is unnecessary to indulge in academic discussion of a case presenting a moot question because a judgment thereon cannot produce practical legal effect or enforcement.

Doctrinal Basis and Authorities Applied

In resolving the petition, the Court relied on Malaluan v. COMELEC, which held that expiration of the term of office contested in an election protest renders the petition moot and academic insofar as it concerns the petitioner’s right to the mayoralty seat. The Court also referred to Yorac v. Magalona, explaining that when the appeal in an election case becomes moot due to the expiration of the mayor’s term, dismissal follows unless a decision on the merits would still have practical value. The Court further invoked the general rule that a case becomes moot when there is no more actual controversy or no useful purpose can be served by deciding the case.

The Court additionally cited Garcia v. COMELEC, for the proposition that when issues have become moot and academic, there is no justiciable controversy, and a declaration would have no practical value. It also invoked Gancho-on v. Secretary of Labor and Employment, which charac

Case Syllabus (G.R. No. 174668)

Marlon T. Sales filed a Petition for Certiorari under Rule 65 of the Rules of Court to challenge two COMELEC resolutions and the RTC orders affirmed therein.
Sales assailed the COMELEC Resolution dated 7 June 2006 that affirmed the RTC Orders dated 27 July 2005 and 16 August 2005.
Sales likewise challenged the COMELEC Resolution dated 18 September 2006 that denied his motion for reconsideration.
Commission on Elections, and Hon. Conrado A. Ragucos, in his capacity as Presiding Judge of RTC Branch 19, Bangui, Ilocos Norte, and Thelma Benemerito were impleaded as respondents.
The Court dismissed the petition because events rendered it moot and academic.

Parties and Procedural Posture

Sales was a candidate for Mayor of Pagudpud, Ilocos Norte in the 10 May 2004 local elections.
Benemerito was likewise a candidate for Mayor of Pagudpud, Ilocos Norte in the 10 May 2004 local elections.
After the filing of an election protest and counter-protest, the matter progressed through RTC orders, then to COMELEC review via a petition for certiorari.
The RTC issued interlocutory orders in the election protest proceedings concerning evidence-taking and ballot-related measures.
The COMELEC dismissed Sales’ petition for lack of merit in a resolution dated 7 June 2006 and denied reconsideration in a resolution dated 18 September 2006.
While the petition was pending before the Court, the national and local elections were held on 14 May 2007, and the new winners assumed office on 1 July 2007.
The challenged mayoralty term, which resulted from the 10 May 2004 elections, expired on 30 June 2007, and Sales’ term ended before the Court could rule on the merits.
The Court treated the expiration of the contested term as dispositive of justiciability and dismissed the petition without passing upon the merits.

Key Factual Allegations

The election was the 10 May 2004 local elections for Mayor of Pagudpud, Ilocos Norte.
The Municipal Board of Canvassers proclaimed Sales as the duly elected Mayor.
Benemerito filed an election protest before the RTC, contesting results in 54 precincts on the ground that literate voters were allowed to vote as illiterates.
In his Answer, Sales asserted that the protest allegations were misplaced and unsubstantiated and he filed a counter-protest questioning the election results.
The RTC created two revision committees after the filing of the protest and counter-protest.
The RTC declared on 7 April 2005 that the revision of ballots in all precincts subject of the protest and counter-protest was terminated.
Benemerito later prayed for the verification of the Voter’s Registration Record, which Sales opposed.
The RTC denied Sales’ opposition and proceeded with verification of the Voter’s Registration Record.
On 17 May 2005, Benemerito moved for matching of ballots cast with lower detachable coupons, requesting that it be done within the court premises and under court supervision.
The RTC denied the matching motion in an order dated 22 June 2005, reasoning that before granting matching, Benemerito had to show by competent evidence after due hearing that literate voters were allowed to vote as illiterates and that, inasmuch as matching would violate the sanctity of ballots, a waiver by voters had to be shown.
Benemerito filed a Motion for Partial Reconsideration, seeking to set aside the waiver requirement, to obtain a hearing to present evidence proving that many literate voters were allowed to vote as illiterates, and to obtain an order granting the matching relief.
The RTC granted the partial reconsideration in an order dated 27 July 2005, and Sales sought reconsideration of that order, which the RTC denied on 16 August 2005.

Issues Raised on Certiorari

Sales alleged that the RTC committed grave abuse of discretion, amounting to lack or excess of jurisdiction, when it issued the RTC orders dated 27 July 2005 and 16 August 2005.
Sales attributed to the COMELEC grave abuse of discretion when the COMELEC affirmed the RTC orders in its resolution dated 7 June 2006.
The core controversy concerned the RTC’s handling of evidence and procedures in an election protest involving allegations that literate voters were allowed to vote as illiterates.
The Court ultimately did not resolve the substantive issues because the petition became incapable of yielding a practical legal effe