Duremdes v. Commission On Elections

MELENCIO-HERRERA, J.:

At stake in this election controversy is the Vice-gubernatorial position of the Province of Iloilo. The chronology of the facts and of the case follows: 1. In the 18 January 1988 elections, petitioner Ramon D. DUREMDES, private respondent Cipriano B. PENAFLORIDA, and Rufino Palabrica ran for the office of Vice-Governor of the Province of Iloilo.

DUREMDES was the official candidate of the Liberal Party (LP) and PDP-Laban coalition, while PENAFLORIDA was the official candidate of the Lakas ng Bansa (Lakas). 2. During the canvass of votes by the Provincial Board of Canvassers of Iloilo, which lasted from 20 January to 31 January 1988, PENAFLORIDA objected verbally to some 110 election returns from various precincts, which he followed up with written objections.

The Board overruled the same in separate Orders either because they were not timely filed or that the formal defects did not affect the genuineness of the returns, or that in case of allegations of tampering, no evidence was presented to support the charge. The Board thus ordered the inclusion of the questioned election returns. This was reflected in a separate column under the heading "Contested/Deferred Votes"

in the "Certificate of Votes of Candidates" (Form No. 13A, Annex "K," Petition, p.

60 Rollo). 3. Under date of 29 January 1988, PENAFLORIDA and the Lakas filed with the COMELEC an "Appeal by Way of a Petition for Review,"

from the aforesaid rulings of the Board pleading, among others, for the exclusion of the questioned election returns and for PENAFLORIDA's proclamation as the elected Vice-Governor of Iloilo (Annex "L," Ibid. , p.

62, Rollo). 4. On 30 January 1988, PENAFLORIDA filed, also with the COMELEC, a Petition seeking the annulment of election returns and the suspension of the proclamation of any candidate, docketed as SPC Case No. 88-448 (Annex "Q,"

Ibid. , p. 96, Rollo).

5. On 31 January 1988, in a "Certification of Canvass of Votes and Proclamation of the Winning Candidates for Provincial Offices" (Form No. 26, Annex "N,"

Ibid. , p. 84, Rollo), the Board proclaimed DUREMDES as the duly elected Vice- Governor, together with the duly elected Governor and only eight (8) members of the Sangguniang Panlalawigan of Iloilo.

Certified to was that DUREMDES had garnered 157,361 votes (the number of his uncontested votes) in 2,377 precincts. Apparently, the Board had made the proclamation upon DUREMDES' "Manifestation and Motion," dated the same day, 31 January 1988, that "the contested returns will not adversely affect the uncontested results of the election (See Section 245, Omnibus Election Code) ...

because of the absolute certainty that candidate Ramon Duremdes has obtained the highest number of votes, whether or not the contested votes were excluded." 6. The tabulated data in the Certificate of Votes of Candidates (Annex "K,"

Petition) is reproduced below in so far as the protagonists herein are concerned, with the totals and/or remainders supplied by us: "Non-Contested " "Contested/ Deferred Votes" Grand Total"

DUREMDES 157,361 13,373 171,734 PENAFLORIDA 150,075