329 Phil. 721
TORRES, JR., J.:
"WHEREFORE, the decision appealed from is AFFIRMED with a modification in that the actual damages of P50,000.00 are hereby reduced to P40,000.00 and the moral damages P100,000.00 awarded to Erlinda Irigo are deleted. Costs de officio.The antecedents:
"SO ORDERED."
PROCLAIMED CANDIDATESThe eighth board member proclaimed, Pedro Pena, garnered 30,679 votes when another candidate for the Board, Erlinda Irigo, got 31,129 or 450 more votes than Pena.
Name No. of Votes For Governor: Leopoldo Lopez 59,309 votes Francisco Rabat 51,191 votes For Vice-Governor: Modesto Avellanosa 46,353 votes Josefina Sibala 54,083 votes For Provincial Board Members 1. Cirilo R. Valles 42,394 votes 2. Ma. Elena Palma Gil 41,557 votes 3. Antonio Alcantara 39,104 votes 4. Dr. Capistrano Roflo 37,301 votes 5. Orlando Rodriguez 34,914 votes 6. Alfredo Abayon 34,191 votes 7. Justina Yu 32,360 votes 8. Pedro Pena 30,679 votes
"1. Opening of Ballot Box No. CA-301596 and sealed by Metal Seal No. 204767 at exactly 10:25 a.m.Considering, however, that the protest was verbal and not officially brought to the attention of the Provincial Board of Canvassers during official session, the same was not given appropriate official recognition. (Exh. "7-B", p. 2, Minutes of Provincial Board of Canvassers, January 21, 1988)
"2. Continued preparing all reports called for submissions to COMELEC, Regional Office and Manila.
"3. Reconciliation of entries in the tally sheets. (Exhs. "E" and "E-1")
"That on or about January 21, 1988, in the Municipality of Mati, Province of Davao Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused as Chairman, Vice-Chairman and Third Member, respectively, of the Provincial Board of Canvassers of Davao Oriental in the January 18, 1988 elections, conspiring with, confederating together and mutually helping one another, did, then and there, willfully and unlawfully fail to proclaim Erlinda Irigo as elected Sangguniang Panlalawigan Member candidate who obtained 31,129 votes, the eighth highest number of votes cast in said province but instead proclaimed candidate Pedro Pena who obtained only 30,699 votes."After trial on the merits, the trial court rendered a decision, the dispositive portion of which reads:
"CONTRARY TO LAW"[4]
"WHEREFORE, in view of all the foregoing considerations, Criminal Cases Nos. 1885 and 1887 are hereby DISMISSED, with costs de oficio, and the accused considered acquitted. Their bail bonds are ordered canceled and released.The three accused appealed to the Court of Appeals which rendered the decision assailed in this petition.
"In Criminal Case No. 1886, the Court finds the accused Florezil Agujetas, Salvador Bijis and Benjamin Miano GUILTY beyond reasonable doubt as principals for violation of Section 231, second paragraph, of Batas Pambansa Blg. 881, as amended, otherwise known as the "Omnibus Election Code of the Philippines", and hereby sentences each of them to ONE (1) YEAR IMPRISONMENT which shall not be subject to probation. In addition, they are sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. Said accused are ordered to pay, jointly and severally, Erlinda Irigo the amounts of P50,000.00 as actual damages, P15,000.00 as and for attorney's fees, and P100,000.00 as moral damages, plus the costs of the proceedings.
"Let copies hereof be furnished the Honorable Chairman, Commission on Elections, and the Honorable Secretaries of Justice and Education, Culture and Sports.
"SO ORDERED." (pp. 43-44, Decision)
a. It is the failure to make a proclamation on the basis of the Certificate of Canvass, and not mere erroneous proclamations, which is punishable under Sec. 262 in relation to Sec. 231 (2) of the Omnibus Election Code.
b. A protest made to the verification/tabulation committee does not constitute a protest to the Board of Canvassers itself.
c. The functus oficio rule is applicable to the present case.
d. Credence should not have been given to hearsay testimony to establish the alleged protest to the Board of Canvassers.
“The respective board of canvassers shall prepare a certificate of canvass duly signed and affixed with the imprint of the thumb of the right hand of each member, supported by a statement of the votes and received by each candidate in each polling place and, on the basis thereof, shall proclaim as elected the candidates who obtained the highest number of votes cast in the province, city, municipality or barangay. Failure to comply with this requirement shall constitute an election offense."To go by the explanation as proposed by the petitioner would be tantamount to tolerating and licensing boards of canvassers to "make an erroneous proclamation" and still be exculpated by just putting up the inexcusable defense that the "foul-up resulted from the erroneous arrangement of the names of candidates"[5] in one municipality or that "the basis of their proclamation was the erroneous ranking made by the tabulation committee." That would be a neat apology for allowing the board to be careless in their important task by simply claiming that they cannot be held liable because they did their "duty" of proclaiming the winning candidates on the basis of the certificate of canvass - even "erroneous" certificates - which they made.
"But there is one incontrovertible fact that the respondents miserably failed to dispute. This undeniable fact is conveniently ignored by Respondents' Memorandum. In the exhibits of the complainant, the computerized tabulation of votes based from the statements of votes by precinct in each of the 121 Municipalities of Davao Oriental for all of the 600 precincts and even admitted by the Respondents that there was no error in the tabulation of votes in CA 26-A. Erlinda V. Irigo got 31,129 votes and Pedro T. Pena only 30,679 votes or a margin of 450 votes by Irigo over Pena. From the ranking, Irigo would have been ahead of Pena, and she should have been No. 8 in the winning list of 8 candidates instead of Pena. But in the Certificate of Canvass of Votes and Proclamation of Winning Candidates for Provincial Offices, Pedro T. Pena was included as No. 8 in the winning list and proclaimed as No. 8 Member of the Sangguniang Panlalawigan of Davao Oriental by the Provincial Board of Canvassers.It appears from the foregoing resolution of Director Borra that it was difficult to make a mistake in selecting the 8 candidates with the highes votes for purposes of making the certificate of canvass because there was no error in the tabulation of votes as CE Form No. 26-A (which is the statement of votes) shows that Erlinda V. Irigo got 31,129 votes and Pedro T. Pena only 30,679 votes. The mistake could only be made through utter carelessness, if not made deliberately. This situation only illustrates that the questioned provision cannot be construed in the manner as argued by petitioners for it would defeat the purpose and spirit for which the law was enacted, i.e., to achieve the holding of free, orderly, honest, peaceful and credible elections. In Lino Luna vs. Rodriguez,[8] the court observed:xxx xxx xxx
"The Complainant, in presenting the computerized summary tabulation of votes for each precinct per municipality of the Province, admitted that the PBC prepared the statements of votes. x x x The statements of votes (CE 26-A) should have been the basis for the proclamation of the winning candidates for Provincial Offices. Complainant's documentary and testimonial evidences showed that the PBC proclaimed Pedro Pena who was not among those candidates who obtained the 8 highest number of votes cast in the province per municipality by precinct which violated the legal requirement of the 2nd paragraph of Section 231 of BP No. 881 as amended.
"The respondents were not able to explain their failure to comply with the requirement that (sic) the basis for the proclamation of Pena when he was not among the eight candidates who obtained the highest number of votes as evidenced by the statements of votes. In fact they admitted that the basis was not the statement of votes but the erroneous ranking by the Tabulators. x x x"[7]
"Experience and observations taught legislature and courts that, at the time of a hotly contested election, the partisan spirit of ingenious and unscrupulous politicians will lead them beyond the limits of honesty and decency and by the use of bribery, fraud and intimidation, despoil the purity of the ballot and defeat the will of the people at the polls. Such experience has led the legislature to adopt very stringent rules for the purpose of protecting the voter in the manner of preparing and casting his ballot to guard the purity of elections." "The infinite ingenuity of violent spirit in evading the rules and regulations of elections and the use of bribery, fraud and intimidation has made necessary the establishment of elaborate and rigid rules for the conduct of elections. The very elaborateness of these rules has resulted in their frequent violation and the reports of the courts are replete with cases in which the result of an election has been attacked on the ground that some provisions of the law have not been complied with. Presumably, all the provisions of the election laws have a purpose and should be observed.”On the second assigned error, petitioners contend that assuming ex gratia argumenti that the protest made by candidate Irigo's daughter Maribeth Irigo Batitang was the verbal protest contemplated under Sec. 245 of the Omnibus Election Code, such fact could not be deemed to be a protest made to the Board of Canvassers itself; and that the failure of the member of the verification/tabulation committee concerned to apprise the Board prior to the proclamation cannot be taken against the members of the Board.
"The timely verbal protest of the daughter-watcher of Mrs. Erlinda Irigo did not trigger on the part of the PBC (Provincial Board of Canvassers) the responsible action of verifying the basis of the protest. The 3 Members of the PBC could not attribute to the Committee on Tabulation the blame for their errors as the PBC members themselves were the ones who certified under oath the said Certificate of Proclamation and the Tabulation Committee members were totally under their direct supervision and control."Petitioners also raised the issue that it was only after the proclamation had been made that the Board was informed of the fact that an error may have been committed in the tabulation; and that however, having discharged its function of making the canvass and proclamation of the winning candidates, the Board of Canvassers became functus oficio and could no longer correct the erroneous proclamation.
"Even an offended party not mentioned in the Information may claim the civil liability during the trial if he has not waived it.[16]In U.S. v. Heery,[18] this court held that "If the injured party has not expressly waived the civil liability of the accused nor reserved his right to file a separate civil action, it is error for the court to refuse a request of the injured party during the course of the criminal prosecution to submit evidence of his damages.” Thus, the arguments of the petitioners notwithstanding, respondent court did not err in awarding damages to Mrs. Irigo.
"In the case at bar, Erlinda Irigo clearly, was the party offended or the person whose rights were trampled upon, by the indecent haste with which petitioners proclaimed Teodoro Pena (sic) as the winner of the 8th seat of the Sangguniang Panlalawigan.
"The persistence of Erlinda Irigo's lawyers to participate, as in fact they participated, in the proceedings a quo as private prosecutors over the vehement objections of petitioners' counsel clearly indicates that Erlinda Irigo intended to claim damages from petitioners."[17]
"Sec. 39. Amending and Repealing Clause. - Sections 107, 108 and 245 of the Omnibus Election Code are hereby repealed. Likewise, the inclusion in Section 262 of the Omnibus Election Code of the violations of Sections 105, 106, 107, 108, 109, 110, 111 and 112 as among election offenses is also hereby repealed. This repeal shall have retroactive effect.The statement "All laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly," certainly is not an express repealing clause because it fails to identify or designate the act or acts that are intended to be repealed. If repeal of particular or specific law or laws is intended, the proper step is to so express it.[20]
"Batas Pambansa Blg. 881, Republic Act No. 6646, Executive Order Nos. 144 and 157 and all other laws, orders, decrees, rules and regulations or other issuances, or any part thereof, inconsistent with the provisions of this Act are hereby amended or repealed accordingly."
"Sec. 231. - Canvass by the board. - The board of canvassers shall meet not later than six o'clock in the afternoon of election day at the place designated by the Commission to receive the election returns and to immediately canvass those that may have already been received. It shall meet continuously from day to day until the canvass is completed, and may adjourn but only for the purpose of awaiting the other election returns from other polling places within its jurisdiction. Each time the board adjourns, it shall make a total of all the votes canvassed so far for each candidate for each office, furnishing the Commission in Manila by the fastest means of communication a certified copy thereof, and making available the data contained therein to the mass media and other interested parties. As soon as the other election returns are delivered, the board shall immediately resume canvassing until all the returns have been canvassed.While the two provisions differ in terms, neither is this fact sufficient to create repugnance. In order to effect a repeal by implication, the later statute must be so irreconcilably inconsistent and repugnant with the existing law that they cannot be made to reconcile and stand together. The clearest case possible must be made before the inference of implied repeal may be drawn, for inconsistency is never presumed.[24] "It is necessary, says the court in a case,[25] before such repeal is deemed to exist that it be shown that the statutes or statutory provisions deal with the same subject matter and that the latter be inconsistent with the former. There must be a showing of repugnance clear and convincing in character. The language used in the later statute must be such as to render it irreconcilable with what had been formerly enacted. An inconsistency that falls short of that standard does not suffice."[26] For it is a well-settled rule of statutory construction that repeals of statutes by implication are not favored.[27] The presumption is against inconsistency or repugnance and, accordingly, against implied repeal.[28] For the legislature is presumed to know the existing laws on the subject and not to have enacted inconsistent or conflicting statutes.[29]
"The respective board of canvassers shall prepare a certificate of canvass duly signed and affixed with the imprint of the thumb of the right hand of each member, supported by a statement of the votes and received by each candidate in each polling place and, on the basis thereof, shall proclaim as elected the candidates who obtained the highest number of votes cast in the province, city municipality or barangay. Failure to comply with this requirement shall constitute an election offense.
"Subject to reasonable exceptions, the board of canvassers must complete their canvass within thirty-six hours in municipalities, forty-eight hours in cities and seventy-two hours in provinces. Violation hereof shall be an election offense punishable under Section 264 hereof.
"With respect to the election for President and Vice-President, the provincial and city boards of canvassers shall prepare in quintuplicate a certificate of canvass supported by a statement of votes received by each candidate in each polling place and transmit the first copy thereof to the Speaker of the Batasang Pambansa. The second copy shall be transmitted to the Commission, the third copy shall be kept by the provincial election supervisor or city election registrar; the fourth and the fifth copies to each of the two accredited political parties. (Sec. 169, 1978 EC)."[22]
"Sec. 28. Canvassing by Provincial, City, District and Municipal Boards of Canvassers. - (a) The city or municipal board of canvassers shall canvass the election returns for President, Vice-President, Senators and members of the House of Representatives and/or elective provincial and city or municipal officials. Upon completion of the canvass, it shall prepare the certificate of canvass for President, Vice-President, Senators and Members of the House of Representatives and elective provincial officials and thereafter, proclaim the elected city or municipal officials, as the case may be.
"(b) The city board of canvassers of cities comprising one or more legislative districts shall canvass the election returns for President, Vice-President, Senators, Members of the House of Representatives and elective city officials. Upon completion of the canvass, the board shall prepare the certificate of canvass for President, Vice-President, and Senators and thereafter, proclaim the elected Members of House of Representatives and city officials.
"(c) (1) In the Metro Manila Area, each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the election returns for President, Vice-President, Senators, Members of the House of representatives and elective municipal officials. Upon completion of the canvass, it shall prepare the certificate of canvass for President, Vice-President, and Senators and thereafter, proclaim the elected Members of the House of Representatives and municipal officials.
"(2) Each component municipality in a legislative district in the Metro Manila Area shall have a municipal hoard of canvassers which shall canvass the election returns for President, Vice-President, Senators, xxx
"(3) The district board of canvassers of each legislative district comprising two (2) municipalities in the Metro Manila Area shall canvass the certificates of canvass for President, Vice-President, xxx
"(d) The provincial board of canvassers shall canvass the certificates of canvass for President, Vice-President, Senators, Members of the House of Representatives and elective provincial officials as well as plebiscite results, if any plebiscite is conducted simultaneously with the same election, as submitted by the board of canvassers of municipalities and component cities. Upon completion of the canvass, it shall prepare the certificate of canvass for President, Vice-President and Senators and thereafter, proclaim the elected Members of the House of Representatives and provincial officials as well as the plebiscite results, if any."[23]
"The Omnibus Election Code of the Philippines is Batas Pambansa Blg. 881, which was enacted into law on December 3, 1985. It codified all previous election laws. It has undergone some amendments, basically by the 1987 Constitution, Republic Act No. 6646, otherwise known as "The Electoral Reform Law of 1987," and Republic Act No. 7166, providing for synchronized national and local elections on May 11, 1992.Consistently, while Article 22 of the Revised Penal Code provides that penal laws shall have retroactive effect insofar as they favor the person guilty of a felony xxx, this provision cannot be applied to benefit the petitioners because Section 231 of BP 881[31] was not repealed by subsequent legislations, contrary to petitioners contention that Section 231 was so repealed by R.A. Nos. 6646 and 7166.
"The Omnibus Election Code is the basic law on elections. While legislations have been enacted every time an election for elective officials is scheduled, the Omnibus Election Code remains the fundamental law on the subject and such pieces of legislations are designed to improve the law and to achieve the holding of free, orderly, honest, peaceful and credible elections."