Reyes v. Commission On Elections

AUSTRIA-MARTINEZ, J.:

Before the Court is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the October 25, 2004 Resolution1 of the Commission on Elections (COMELEC) Second Division and the September 30, 2005 Resolution2 of the COMELEC En Banc in EAC No. 90-2002.3 The facts are as summarized by the COMELEC and the Metropolitan Trial Court (MeTC), Branch 23, Manila. In the July 15, 2002 Barangay Elections, Cornelio Delos Reyes (Delos Reyes) and Romeo H. Vasquez (Vasquez) vied for the position of Barangay Chairman of Barangay 414, Zone 42, District 4, Manila (Barangay 414). After the canvass of votes, Vasquez was proclaimed duly elected Barangay Chairman of Barangay 414 with 181 votes as against Delos Reyes's 32 votes.4 Delos Reyes filed with the MeTC a Petition for Recount5 of votes in all the precincts, namely Precinct Nos. 1815-A, 1816-A, 1817-A, and 1818-A on the ground that several votes in his favor were read and counted for Vasquez and that the latter employed threat and intimidation against Delos Reyes's watchers in order to perpetrate election irregularities.

Vasquez denied these allegations.6 Pursuant to a September 6, 2002 Order of the MeTC, revision proceedings were conducted by a Revision Committee (Committee) composed of Delos Reyes and Vasquez as members and the MeTC Branch Clerk of Court as Chair. The Committee observed that two of the three ballot boxes coming from the disputed precincts had padlocks to which none of the three keys provided by the COMELEC District Office of Manila fit. However, other than this observation, the Committee found nothing more remarkable about the outward physical appearance of the ballot boxes and decided to forcibly open the same.

Inside were election paraphernalia in good condition, with COMELEC paper seals still intact. A physical recount was conducted, resulting in the following: Precinct No. Delos Reyes Vasquez a) 1815-A and 1817-A1 44 20 b) 1816-A and 1818-A 68 30 c) 1817-A 1 46