Sabeniano v. Comelec

MAKASIAR, J.:

Petitioners were the Nacionalista Party official candidates for Mayor, Vice-Mayor and Sangguniang Panglunsod members of the City of Dagupan, while private respondents were the Kilusan ng Bagong Lipunan official candidates in the last January 30, 1980 local elections. Respondent City Board of Canvassers completed its canvass of the election returns at 2:35 o'clock in the afternoon of February 1, 1980; and immediately thereafter, proclaimed all the private respondents as the duly elected candidates to the various positions above-mentioned. The "Certificate of Canvass of the Votes Cast and Proclamation of the Winning Candidates for City Officers by the Board of Canvassers"

dated February 1, 1980 shows the number of votes received by the winning candidates, thus: (1) Mayor: C.P Manaois - 20,981; (2) Vice-Mayor; F.C Siapno - 20,194; and (3) Members of the Sangguniang Panglunsod: L.C. Reyes, Jr. - 26,115, C.L Guadiz - 25,009, R.C. Villamil, Jr. - 23,839, P.T Torio, Jr. - 23,409, A.D. Sta. Maria - 22,771, R. R. Ravanzo Jr. - 22,308, C.S. Villamil - 21,508, and C.C. Fernandez - 20,246 [p. 99, rec.].

A canvass sheet also dated February 6, 1980 prepared by the respondent City Board of Canvassers contains the names and votes of all the candidates, winners and losers, thus: "I MAYOR GRAND TOTAL TOTAL VOTES 1 Manaois, Cipriano M. (KBL) 20,981 2 Sabeniano, Modesto R. (NP) 10,387 3 Llamas, Victor T. Jr. (Ind) 727 4 Reyna, Jesus C. (Ind) 7,240 5 Ruth-Mortel Amsehel Noel (Ind) 3 "II VICE MAYOR 1. Siapno, Felipe (KBL) 20,194 2. Decano, Alejandro (NP) 17,943 "III SANGUNIANG PANGLUNSOD: 1 Fernandez, Corazon C (KBL) 20,246 2 Guadiz, Conrado L. (KBL) 25,009 3 Ravanzo Regino R. (KBL) 22,308 4 Reyna, Liberato C. Jr. (KBL) 26,115 5 Sta.

Maria, Alfredo D. (KBL) 22,771 6 Torio, Pedro T. Jr. (KBL) 23,409 7 Villamil, Cesario S. (KBL) 21,508 8 Villamin Ricardo C. Jr. (KBL) 23,839 9 Fama, Jose S. (KBL) 16,265 10 Francisco, Cecilia Ico (NP) 6,979 11 Guinto, Lucrecia H. (NP) 6,950 12 Lazo, Guillermo C. (NP) 8,543 13 Mejia Manuel M. (NP) 17,640 14 Melecio, Ildefonso (NP) 8,998 15 Munoz, Carlos U. (NP) 10,018 16 Siapno, Gaudencio S. (NP) 13,417 17 Ayson, Marciano C. (IND) 742 18 Villamil, Victoriano T. (IND) 239 (p. 98, rec.). On February 5, 1980, petitioners filed a petition dated February 4, 1980 with the respondent Commission on Elections, docketed as Election Case No. 238, praying among other things for the annulment of the election, ex-parte canvassing and the proclamation of the private respondents, on the grounds of lack of notice and undue haste in the canvass and proclamation of the private respondents, tampering with, alterations and falsification of election returns, as well as other irregularities committed before, during and after the elections (pp. 38-45, rec.).

On February 8, 1980, the respondent Commission on Elections, acting on the aforesaid petition, resolved to suspend the effects of the proclamation of the private respondents (p. 46, rec.). On February 11, 1980, petitioners filed a supplementary petition dated February 9, 1980, wherein they alleged additional and specific grounds in support of their petition (pp. 47-66, rec.).

On February 13, 1980, private respondents filed a motion for reconsideration and/or annulment of resolution dated February 8, 1980, contending that " . the Commission on Elections is without jurisdiction in issuing the questioned resolution .

and " .

that the grounds cited as basis for the questioned resolution were products of gross and deliberate misrepresentation by petitioners" (pp. 67-99, rec.). On February 14, 1980, the respondent Commission on Elections, acting on the February 11, 1980 supplemental petition of petitioners and the February 13, 1980 motion of private respondents, issued Resolution No. 9102, the pertinent part of which reads: Movant had submitted documents to show that notices were sent to herein respondents as early as January 24, 1980 and which was signed by the Election Registrar of Dagupan City.

Attached as one of the annexes of his motion for reconsideration is the Minutes of the Proceedings of the City Board of Canvassers which does not show that petitioners or his watchers during the proceedings of the election returns were objected to by any candidate. Petitioners, either in the main petition, as well as in the supplemental petition, has not alleged grounds which are proper for a pre-proclamation controversy. On the other hand the grounds are those for election protests and/or grounds under Section 186 of the Election Code to cancel a certificate of candidacy.

In view of the foregoing, the Commission, upon recommendation of the Law Department and on proper motion, duly seconded, RESOLVED as follows: To grant movant's prayer for reconsideration thereby reinstating the original proclamation made by the City Board of Canvassers, without prejudice, however, for petitioners to pursue other remedies either in an election protest or quo warranto proceedings which are still available to them (emphasis supplied; pp. 100-102, rec.). Petitioners received through their counsel, notice of the aforesaid resolution of the respondent Commission on Elections on February 17, 1980; but earlier or on February 15, 1980, they had filed with the respondent Conunission on Elections a second supplemental petition wherein they added more grounds in support of their main petition (pp. 104-119, rec.). In paragraph 6 thereof, petitioners claimed that "in the alleged certificate of canvass or statement of the votes received by each candidate in each voting center, .

the election returns, if one is made or not tampered, of voting centers or precincts Nos. 57-A (Calmay Ilocano), 113 (Pantal District), 176 and 215 (Bonuan Boquig) where petitioners lead, do not appear and/or missing; . " (p.

105, rec.). Petitioner Sabeniano herself filed on February 15, 1980 an urgent motion and prayed for a reconsideration of the afore-said February 14, 1980 Resolution No. 9102 of the respondent Commission on Elections and for the issuance of a permanent restraining order to suspend the effects of the proclamation tion of private respondents until after a hearing is conducted on her pending pleadings (p. 120, rec.).

Apparently, petitioner Sabeniano received notice of the questioned resolution ahead of her counsel. And on February 18, 1980, a supplemental urgent motion for reconsideration was filed by petitioners through their counsel (pp. 121-129, rec.). On February 16, 1980, respondent Commission on Elections adversely resolved petitioner Sabeniano's February 15, 1980 motion for reconsideration, thus: "Resolution No. 9153 .

Considering that the issues raised by movant Mrs. Sabeniano are grounds for protest, the Commission, on proper motion, duly seconded, RESOLVED to reiterate its previous order for the proclamation of the winning candidates for Mayor, Vice-Mayor and members of Sangguniang Panglunsod of Dagupan City, and to refer the various pleadings filed by Mrs. Sabeniano to the Joint Task Force of the Commission on Elections and the Ministry of Justice on Electoral Cases for criminal investigation prosecution" (pp. 130-131, rec.).

On February 21, 1980, petitioners filed an Ex-Parte Motion, praying that the Honorable Commission consider petitioners' February 18, 1980 supplemental urgent motion for reconsideration" so as to include a reconsideration of the February 16, 1980 resolution of the respondent Commission on Elections and prayed further for the consolidation of PP No. 238 with PDC No. 68 - for disqualification of private respondents (pp. 132-133, rec.). On March 25, 1980, respondent Commission on Elections issued its Resolution No. 9591 which reads: This is a verified petition filed by MODESTA R. SABENIANO.

petitioner, with the Commission on February 4, 1980, seeking to annul the results of the January 30, 1980 local elections in Dagupan City for the Office of the Mayor alleging among others the following grounds: 1) Serious irregularities were committed in the elections which included among others, massive vote-buying and vote-selling resorted by KBL candidates, widespread terrorism and goons employed to compel, coerce or intimidate voters or induce them to vote for KBL and/or threats voters to refrain from voting NP candidates or hinder and obstruct them from voting NP; 2) The City Election Registrar and the Comelec Provincial Supervisor, in connivance with the Mayor, placed, inserted and/or otherwise included as approved applications for registration in Book of Voters the night time application of flying voters or fictitious voters, during the period of registration, said officials turned away or disapproved the application of known NP sympathizers who possess all the qualifications and none of the disqualification; 3) That the City Election Registrar and the Comelec Provincial Supervisor, without lawful order from the Commission, originally cancelled or removed from or otherwise took out voters applications duly approved and/or cancelled voters registration resulting in the disenfranchisement in about 15,000 voters most of which are NP who were not able to cast their votes as their names did not appear in the list of registered voters and/or their names were juggled and transferred to remote places.

On February 15, 1980, the same petitioner filed a second supplemental petition alleging among other things, particularly paragraphs 1 and 4 and we quote: Paragraph 1 that from the data furnished by the City Election Registrar, the total registered voters in the City of Dagupan as of January 30, 1980 is 52,189 and yet in Paragraph 4, it states 'that by simple mathematical computation adding all the sub-total of the votes received (see last column of each sheet) we have a grand total of votes cast for the Office of the Mayor as SEVENTY EIGHT THOUSAND TWO HUNDRED SIXTY NINE (78,269) excluding about 15,000 disenfranchised voters and those who did not vote in the January 30, 1980 local elections. It is broken down as follows: MANAOIS, Cipriano 48,981 SABENIANO, Modesta 20,387 REYNA, Jesus 7,240 LLAMAS, Victor 1,654 RUTH MORTEL, Arnachel Noel 4 LAFORTEZA, Camilo 3