Juan v. Commission On Elections

NACHURA, J.:

This is a petition for certiorari and prohibition1 seeking the reversal of the Commission on Elections ("COMELEC") En Banc Resolution dated January 25, 2005, affirming with modification the ruling of the COMELEC Second Division2 ("Second Division") in an election protest involving the office of the Punong Barangay of Barangay Talipapa, Novaliches, Quezon City. The Second Division reversed the Decision dated May 15, 2003 of Branch 38 of the Metropolitan Trial Court of Quezon City.3 The Facts Petitioner Rogelio P. Juan and respondent Salvador C. Del Mundo were both candidates for the position of Punong Barangay of Barangay Talipapa, Novaliches, Quezon City, in the July 15, 2002 synchronized barangay and sangguniang kabataan elections. Petitioner was proclaimed the winner by a margin of 1,083 votes.4 Claiming massive electoral fraud and dissatisfied with the results, respondent filed an election protest before the trial court.5 Respondent sought the recount of ballots in all of the seventy-two (72) precincts of Barangay Talipapa.

In his Answer, petitioner denied respondent's claim, contending that the election was clean and credible and that the respondent did not object to the tabulation made by the Board of Election Tellers (BET). Correlatively, petitioner filed a counter-protest. The trial court scheduled the recounting of ballots.

In the course thereof, on October 16, 2002, petitioner moved to stop the recount because before they were opened, some ballots boxes had broken and/or unlocked plastic seals. Petitioner claimed that the integrity of the ballots contained therein had been compromised and the recount would not faithfully reflect the true will of the people. After requiring the parties to submit their respective memoranda, the trial court denied the said motion since it was premature to conclude that fraudulent acts were indeed committed.

The trial court proceeded with the recount. The Ruling of the Trial Court On May 15, 2003, the trial court dismissed the election protest filed by respondent and proclaimed petitioner the duly elected Punong Barangay of Barangay Talipapa, Novaliches, Quezon City. The trial court held that petitioner won the election by garnering 3,102 votes over respondent's 2,576 votes, or a winning margin of 526 votes.

The trial court noted that both parties made claims and objections as to the ballots. However, they failed to formally offer the said contested ballots in evidence.6 Respondent appealed to the COMELEC. The appeal, docketed as EAC No. 116-2003, was raffled to the Second Division.

The Ruling of the COMELEC In its Resolution dated January 30, 2004, the Second Division granted respondent's appeal, reversed the trial court's Decision, declared respondent as the duly elected Punong Barangay of Barangay, Talipapa, and ordered petitioner to peacefully vacate the contested office.7 The Second Division found respondent to have won the election by 1,241 votes.8 The Second Division made the following findings: For respondent Salvador Del Mundo: Total Number of Votes As Per Physical Count Add: Valid Claimed Ballots 20 Less: Marked Ballots 16