Title
Varias vs. Commission on Elections
Case
G.R. No. 189078
Decision Date
Feb 11, 2010
A 2007 mayoral election protest in Alfonso, Cavite, where irregularities in ballot counting led to a revised tally favoring the respondent, upheld by courts due to preserved ballot integrity and lack of tampering evidence.

Case Summary (G.R. No. 189078)

Background of the Case

Virgilio P. Varias and Jose "Joy" D. PeAano contested the mayoralty position in Alfonso, Cavite during the 2007 elections, where Varias was initially declared the winner with 10,466 votes against PeAano's 10,225— a margin of 241 votes. Following the elections, PeAano filed an election protest outlining alleged irregularities in 14 precincts. The Regional Trial Court (RTC) subsequently ordered the safeguarding of the ballot boxes, and the election protest proceeded with a physical count of ballots.

Allegations in the Protest

PeAano claimed multiple irregularities, including:

  1. Misapprehension of votes in favor of PeAano.
  2. Invalid votes improperly counted for Varias.
  3. Stray and marked ballots erroneously declared.
  4. Ballots counted under suspicion of being prepared by unauthorized individuals.

Proceedings in the RTC

After the revision of the ballots, the RTC found substantial discrepancies between the tally of votes from the revised ballots and the original election returns. Based on this evidence and testimonies from the presented witnesses, the RTC ruled in favor of PeAano, declaring him the winner with 10,312 votes against Varias’ 10,208, eventually citing the doctrine established in Rosal v. COMELEC regarding the integrity and preservation of ballots.

Rulings of the COMELEC

Upon appeal, the COMELEC endorsed the RTC's decision, asserting that the integrity of the ballot boxes was sufficiently preserved. The First Division of COMELEC noted that PeAano had complied with the required standards for the preservation of the ballots and rejected Varias' claims of tampering based on the factual determinations of previous authorities.

Petition for Certiorari

Virgilio Varias sought a review from the Supreme Court, alleging that the COMELEC exhibited grave abuse of discretion by:

  1. Not requiring PeAano to prove that the integrity of the ballot boxes was preserved.
  2. Relying on physical counts of ballots contrary to the original election returns.

Court's Analysis and Ruling

The Supreme Court focused on the standards established by the Rosal ruling, emphasizing the protestant's burden to prove that ballots had been preserved legitimately to hold validity over election returns. The Court critically evaluated the evidence presented, highlighting that while Varias alleged ballot tampering, he failed to provide sufficient evidence demonstrating actual tampering, which th

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