460 Phil. 507
AZCUNA, J.:
[Respondent] Antonio Suyat and [petitioner] Alberto J. Jaramilla both ran for the position of Member of the Sangguniang Bayan in the Municipality of Sta. Cruz, Ilocos Sur in the May 14, 2001 elections.On June 13, 2001, respondent Suyat filed before the COMELEC en banc an Urgent Motion for Issuance of Order to Reconvene,[3] which the latter treated as a Petition for Correction of Manifest Error. Petitioner countered in his Answer[4] that said petition should be dismissed for having been filed out of time and for lack of the required certification of non-forum shopping.
On May 16, 2001, the Municipal Board of Canvassers of Sta. Cruz, proclaimed the winning candidates for the offices of Mayor, Vice-Mayor and eight (8) members of the Sangguniang Bayan. The Certificate of Canvass of Votes and Proclamation shows the following results and ranking with respect to the members of the Sangguniang Bayan, to wit:In the tabulated results issued by the Election Officer and Chairperson of the Municipal Board of Canvassers of Sta. Cruz, it is shown that [respondent Suyat] obtained Four thousand seven hundred seventy nine (4,779) votes and was ranked no. 9.
Name of Candidates Total Votes Obtained 1.RAGUCOS, Ma. Luisa Laxamana 6,324 2.ABAYA, Juan Jr., Andaquig 6,013 3.GINES, Fidel Cudiamat 5,789 4.QUILOP, Renato Avila 5,227 5.BILIGAN, Osias Depdepen 5,130 6.RUIZ, Agustin Turgano 4,972 7.JARAMILLA, Alberto Jimeno 4,815 8.CORTEZ, Ireneo Habon 4,807
Upon review by [respondent Suyat], he discovered that [petitioner] was credited with only twenty three (23) votes per Election Return from Precinct No. 34A1. However, when the figures were forwarded to the Statement of Votes by Precinct, [petitioner] was credited with seventy three (73) votes for Precinct No. 34A1 or fifty (50) votes more than what he actually obtained. If the entry were to be corrected, the affected candidates would be ranked as follows:
7.CORTEZ, Ireneo Habon - 4,807 8.SUYAT, Antonio - 4,7799. JARAMILLA, Alberto - 4,765
WHEREFORE, premises considered, the Motion/Petition is hereby GRANTED. The proclamation of Respondent ALBERTO J. JARAMILLA [herein petitioner] is ANNULLED. A New Municipal Board of Canvassers is hereby created composed of the following:Hence the present recourse by petitioner anchored on the following grounds:
Atty. NELIA AUREUS - Chairman
Atty. MICHAEL D. DIONEDA - Vice Chairman
Atty. ALLEN FRANCIS F. ABAYA - Member
The New Board is hereby directed to immediately convene at the Comelec Session Hall, Intramuros, Manila, after due notice to parties and effect a correction in the entry in the Statement of Votes by Precinct particularly the votes for Respondent Alberto Jaramilla [herein petitioner], who should be credited with twenty three (23) votes only. Thereafter, the New Board shall prepare a corrected Certificate of Canvass and Proclamation on the basis of the New Statement of Votes and proclaim the Petitioner [herein private respondent Suyat] as the eighth (8th) Board Member of Sta. Cruz, Ilocos Sur. Mr. Ireneo Habon Cortez shall be declared the 7th Municipal Board Member. The New Board shall use the Comelec copies of the election returns and Statement of Votes pertaining to the instant case.
SO ORDERED.
Before discussing the merits, although not raised in the petition, the Court deems it appropriate to discuss the jurisdiction of the COMELEC en banc in election cases. Article IX-C of the Constitution states in part that:
- THAT THE COMMISSION ON ELECTION ERRED IN NOT DISMISSING THE CASE CONSIDERING THAT THE PETITION FILED BEFORE THE COMELEC WAS FILED BEYOND THE PRESCRIPTIVE PERIOD AS SET FORTH IN THE COMELEC RULES OF PROCEDURE.
- THAT THE COMMISSION ON ELECTION ERRED IN GIVING DUE COURSE TO THE PETITION INSTEAD OF DISMISSING IT CONSIDERING THAT THE PETITION LACKED A CERTIFICATION AGAINST FORUM-SHOPPING.
- THAT THE COMMISSION ON ELECTION ERRED IN NOT DISMISSING THE CASE FOR FAILURE TO PAY THE DOCKET OR FILING FEE ON TIME.[6]
Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.[7]As stated in the provision, and in line with the Court's recent pronouncement in Milla v. Balmores-Laxa,[8]election cases including pre-proclamation controversies should first be heard and decided by a division of the COMELEC, and then by the commission en banc if a motion for reconsideration of the division is filed.
SEC. 4. Suspension of the Rules - In the interest of justice and in order to obtain speedy disposition of all matters pending before the commission, these rules or any portion thereof may be suspended by the Commission.The COMELEC therefore has authority to suspend the reglementary periods provided by the rules, or the requirement of certification of non-forum shopping for that matter, in the interest of justice and speedy resolution of the cases before it.[13]
SEC 18. Nonpayment of Prescribed Fees - If the fees above prescribed are not paid, the Commission may refuse to take action thereon until they are paid and may dismiss the action or the proceeding.[15]The use of the word "may" in the aforecited provision readily shows that the COMELEC is conferred the discretion whether to entertain the petition or not in case of non-payment of legal fees.[16] And even if it were not afforded such discretion, as discussed above, it is authorized to suspend its rules or any portion thereof in the interest of justice.[17]
Sec. 5 Pre-proclamation Controversies Which May Be Filed Directly With the Commission. -[13] Barot v. COMELEC, G.R. No. 149147, June 18, 2003.xxx xxx xxx
(b) xxx If the petition is for correction, it must be filed not later than five (5) days following the date of proclamation and must implead all candidates who may be adversely affected thereby.