374 Phil. 308
YNARES-SANTIAGO, J.:
“x x x. Contrary to the insinuation of Atty. Irene D. Jurado, only 22 Election Returns were reported missing. On the following day, May 15, 1998, the sub-canvassing units have recovered the 22 missing Election Returns and the Statement of Votes from the Treasurer’s Office and from the Pasig Employment Service Office (PESO). There are no missing election returns.
That to the surprise of the Board and of the 22 canvassing units, they found out that Page 2 of the 22 Election Returns they recovered were detached and missing. We wish to inform the Commission that Page 2 of the Local Election Returns contained the name of candidates for Congressman. We conducted investigation on who did the detachment of Page 2 of the 22 Election Returns. However, nobody from the Treasurer’s Office nor from the PESO admitted that they committed such election offense.
It is impossible that 147 Election Returns were missing. The COMELEC Instruction is very specific that only Election Returns to be canvassed are suppose(d) to be brought out from the Ballot Boxes containing still uncanvassed Election Returns. The instruction further stated that once it was read by the Board, it will be stamped `READ’ and then deliver the same (sic) to the 22 sub-canvassing units. Sub-canvassing units cannot get another Election Returns unless the same is finished, tallied, stamped as `CANVASSED’, and submit the same to the Secretariat and placed inside a separate ballot boxes with stamped `READ’ and `CANVASSED’ (sic) sealed with metal seals, padlocked, chained and padlocked again. It was at this time where (sic) the sub-canvassing units will get another Election Returns from the Board for tally and so on. Sub-canvassing units are not allowed to canvass 2 or more Election Returns at one time. This was the very reason why only 22 Election Returns were reported missing but were recovered without Page 2.
That at the very start of the proceeding, the leading candidates for Congressman were as follows:
HENRY LANOT - FIRST
EMILIANO CARUNCHO - SECOND
ARNULFO ACEDERA - THIRD
As the canvass goes on, Henry Lanot was leading Caruncho by thousands. Very few Election Returns have Caruncho leading and even if leading, the lead was only a few votes.
Proper authorities from the Commission on Elections was secured through Atty. Teresita C. Suarez, Election Director for National Capital Region for the purpose of making use of other copies of the Election Returns particularly the Provincial Copy or the Copy in the Ballot Boxes. Fortunately, the authorities arrived on time so that the Board of Canvassers waste(d) no time in opening the Ballot Boxes to retrieve the copies from the Board of Canvassers left inside the Ballot Boxes by the careless Board of Election Inspectors. Provincial copies were used as well in the reconstitution of the missing page 2 of the 22 recovered Election Returns.
That there was no truth on the insinuation made by Atty. Irene D. Jurado that there were 147 Election Returns which were not canvassed which will affect the result of election for Emiliano Caruncho. The Board did everything to have all election returns accounted forth (sic). We let no stone unturned before we finally come to the conclusion. That we have finished canvassing the 1,491 Election Returns and proclaimed the winning candidates.
That granting without admitting that there were missing Election Returns which were uncanvassed, and if ordered canvass(ed), the more Lanot will widen his lead because the trend was that Henry Lanot’s lead swollen (sic) as more election returns were canvassed.
That for the first time, I am revealing this shocking fact to the Commission on Elections that on two (2) occasions, an unidentified persons (sic) talked to me at the unholy hours of the night 2 days while canvassing was going on and offered me TWO MILLION (P2,000,000.00) PESOS in cold cash just to proclaim `BOY’ as the elected Congressman. I declined the offer and told the man that I am a straight man, I am on the level, I have a family and I am about to retire. x x x.
That at 2:40 A.M. of May 17, 1998, the Board of Canvassers proclaimed all the winning candidates for Local positions. As to the Congressman, the following results are as follows:
The lead of Henry Lanot from Emiliano Caruncho was 17, 971 votes.HENRY LANOT - 60,914 votes
EMILIANO `BOY’ CARUNCHO - 42,942 votes
ARNULFO ACEDERA - 36,139 votes
“WHEREFORE, in view of the foregoing, this Commission:Subsequently, on June 26, 1998, respondent Board filed a “Supplemental Comment” raising the following matters: (a) the COMELEC had no jurisdiction over the case under Section 242 of the Omnibus Election Code; (b) petitioner failed to record his objections to the elections returns and the certificate of canvass in the minutes of the proceedings of the Board, and (c) the winning candidate, Henry Lanot, was not impleaded in the motion to nullify his proclamation.[8]
1. Declares that the proclamation of the winning congressional candidate of Pasig City as NULL AND VOID;
2. Orders that the respondents-Members of the City Board of Canvassers of Pasig City to RECONVENE at the Session Hall of the Commission and use the Comelec copy of the one hundred forty-seven (147) election returns above-mentioned and CANVASS said authentic copy of the election returns and include the results thereof with the tally of all election returns previously canvassed and, thereafter, PROCLAIM the winning candidate; and
3. Orders the Law Department of this Commission to investigate candidate Arnulfo Acedera and if after the investigation, the evidence so warrant, to file the necessary charges against him.
SO ORDERED.”
“Thus, the board of canvassers did everything to have all election returns accounted for, and finished canvassing all the election returns of 1,491 clustered precincts of Pasig City. On the basis of the canvass, the board proclaimed the winning candidates for local positions. As to the winning candidate for congressman, the results were as follows:Petitioner seeks to nullify respondent COMELEC en banc’s Resolution of October 1, 1998, contending that said body acted in excess of jurisdiction and with grave abuse of discretion in overruling his claim that 147 election returns involving about thirty thousand (30,000) votes were not canvassed. Petitioner argued that it was enough reason for contesting the proclamation of Lanot as winner under an incomplete canvass. However, as in the proceedings before the COMELEC, petitioner failed to implead in the instant petition the proclaimed winning candidate, Lanot.Henry P. Lanot - 60,914 votesHowever, granting arguendo that there were missing twenty-two (22) election returns involving about 4,400 votes, the same no longer affect the results of the election as candidate Henry P. Lanot obtained the highest number of votes, with a lead of 17,971 votes over his closest rival, Emiliano `Boy’ Caruncho. The board of canvassers duly proclaimed candidate Henry P. Lanot as the winning representative of the lone district of Pasig City.
Emiliano `Boy’ Caruncho - 42,942 votes
Arnulfo Acedera - 36,139 votes
Consequently, we find without basis petitioner’s allegation that the proclamation of Henry P. Lanot was based on an incomplete canvass. We carefully examined the Comelec copies of the Statement of Votes and found no truth to the assertion that there were one hundred forty seven (147) election returns not canvassed.”
Hence, this petition for certiorari.
“SEC. 5. Respondents and costs in certain cases. – When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person, the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents.Hence, quasi-judicial agencies should be joined as public respondents but it is the duty of the private respondent to appear and defend such agency.[24] That duty cannot be fulfilled by the real party in interest such as the proclaimed winning candidate in a proceeding to annul his proclamation if he is not even named as private respondent in the petition. Ordinarily, the nonjoinder of an indispensable party or the real party in interest is not by itself a ground for the dismissal of the petition. The court before which the petition is filed must first require the joinder of such party. It is the noncompliance with said order that would be a ground for the dismissal of the petition.[25] However, this being an election case which should be resolved with dispatch considering the public interest involved, the Court has not deemed it necessary to require that Henry P. Lanot be impleaded as a respondent in this case.
Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal parties. However, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein.” (Underscoring supplied.)
“Sec. 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. x x x.”The foregoing constitutional provision is reiterated in Rule 14 of the 1991 Revised Rules of the Electoral Tribunal of the House of Representatives, to wit:
“RULE 14. Jurisdiction. – The Tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of the Members of the House of Representatives.”In the recent case of Rasul v. COMELEC and Aquino-Oreta,[26] the Court, in interpreting the aforesaid constitutional provision, stressed the exclusivity of the Electoral Tribunal’s jurisdiction over its members, thus:
“Section 17, Article VI of the 1987 Constitution as well as Section 250 of the Omnibus Election Code provide that ‘(t)he Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. x x x.” In Javier v. Comelec (144 SCRA 194), this Court interpreted the phrase ‘election, returns and qualifications’ as follows:In the same vein, considering that petitioner questions the proclamation of Henry Lanot as the winner in the congressional race for the sole district of Pasig City, his remedy should have been to file an electoral protest with the House of Representatives Electoral Tribunal (HRET).[27]‘The phrase “election, returns and qualifications” should be interpreted in its totality as referring to all matters affecting the validity of the contestee’s title. But if it is necessary to specify, we can say that “election” referred to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of the votes; “returns” to the canvass of the returns and the proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns; and “qualifications” to matters that could be raised in a quo warranto proceeding against the proclaimed winner, such as his disloyalty or ineligibility or the inadequacy of his certificate of candidacy.’The word ‘sole’ in Section 17, Article VI of the 1987 Constitution and Section 250 of the Omnibus Election Code underscore the exclusivity of the Tribunal’s jurisdiction over election contests relating to its members. Inasmuch as petitioner contests the proclamation of herein respondent Teresa Aquino-Oreta as the 12th winning senatorial candidate, it is the Senate Electoral Tribunal which has exclusive jurisdiction to act on the complaint of petitioner. x x x.”
“SEC. 233. When the election returns are delayed, lost or destroyed. – In case its copy of the election returns is missing, the board of canvassers shall, by messenger or otherwise, obtain such missing election returns from the board of election inspectors concerned, or if said returns have been lost or destroyed, the board of canvassers, upon prior authority of the Commission, may use any of the authentic copies of said election returns or a certified copy of said election returns issued by the Commission, and forthwith direct its representative to investigate the case and immediately report the matter to the Commission.Granting that the proclamation was made without taking into account the twenty-two (22) election returns, still, the COMELEC did not abuse its discretion. The election returns represented only 4,400 votes. That number cannot affect the result of the election because Henry Lanot’s lead over his closest rival, herein petitioner, was 17,971 votes. As the second paragraph of Section 233 of the Omnibus Election Code aforequoted states, the Board of Canvassers could have totally disregarded the twenty-two (22) election returns and legally proclaimed Lanot as the winner in the election in Pasig City for Member of the House of Representatives.
The board of canvassers, notwithstanding the fact that not all the election returns have been received by it, may terminate the canvass and proclaim the candidates elected on the basis of the available election returns if the missing election returns will not affect the results of the election.”