Sanchez v. Comelec

Sanchez vs Comelec 153 scra 67

FACTS: Candidate Augusto Sanchez filed his petition on 28 May 1987 praying that respondent Coelec after due hearing! "e directed to conduct a recount of the #otes cast three onths ago in the 11 May 1987 senatorial elections to deterine the true nu"er of #otes to "e credited to hi and prayed further for a restraining order directing the Coelec to $ithhold the proclaation of the last % $inning candidates on the ground that the #otes intended for hi $ere declared as stray #otes "ecause of the saeness of his surnae $ith that of dis&ualified candidate 'il Sanchez! $hose nae had not "een crossed out fro Coelec election fors( )SS*+: ,-. ,-. the the peti petiti tion on for for reco recount unt is a pre/ pre/pr proc ocla laa ati tion on cont contro ro#er #ersy sy congniza"le "y C0M++C 0ni"us +lection Code3( 4+5: .o( Sanchez anchors his petition petition for recount recount and-or and-or reapprecia reappreciation tion on Sectio Section n 2%6! 2%6! parag paragrap raph h "3 of the 0ni"u 0ni"us s +lectio +lection n Code Code in relati relation on to Section Section 26% thereof $ith regard to aterial aterial defects defects in can#assed can#assed election returns( returns( 4e contends contends that the can#assed can#assed returns discarding Sanchez Sanchez #otes as stray $ere incoplete and therefore $arrant a recount or reappreciation of the "allots under Section 26%( A siple reading of the "asic pro#isions of the cited Section sho$s readily its inapplica"ility( y legal definition and "y the #ery instructions of the Coelec es( .o( 18;! Sec( ! proulgated on March 11! 19873! an election return is incomplete if incomplete  if there is oission in the electio election n return returns s of the nae nae of any candid candidate ate and-or and-or his corres correspon pondin ding g #otes Sec( 26%3 or in case the nu"er of #otes for a candidate has "een oitted( Sec( ! es( .o( 18;3 4ere 4ere!! the the elect electio ion n retu return rns s are are complete and and indi indica cate te the the nae nae of Sanc Sa nche hez z as $ell ell as the the tota totall numb number er of vote votes s that that $ere $ere count counted ed and and appreciated as #otes in his fa#or "y the "oards of inspectors( The fact that soe #otes $ritten solely as Sanchez $ere declared stray #otes "ecause of the inspectors< erroneous "elief that 'il Sanchez had not "een dis&ualified as a cand candid idat ate! e! in#o in#ol# l#es es an erro errone neou ous s appr apprec ecia iati tion on of the the "all "allot ots( s( )t is esta"lished "y the la$ as $ell as =urisprudence that errors in the appreciation of "allots "y the "oard of inspectors are proper su"=ect for election protest and not for recount or reappreciation of the "allots( The appreciation of the "allots "allots cast in the precincts precincts is not a proceeding proceeding of the "oard of can#assers for purposes of pre/proclaation proceedings under section 2%1! 0ni"us +lection Code! "ut of the "oards of election inspectors $ho are called upon to count and appreciate the #otes in accordance $ith the rules of appreciation

pro#ided in section 211! 0ni"us +lection Code( 0ther$ise stated! the appreciation of "allots is not part of the proceedings of the "oard of can#assers( The function of "allots appreciation is perfored "y the "oards of election inspectors at the precinct le#el( )t does not present a proper issue for a suary pre/proclaation contro#ersy( The scope of pre/proclaation contro#ersy is liited to issues enuerated under sec 2%6 of the 0ni"us +lection Code 0+C3( The enueration is restricti#e and e>clusi#e( )n the a"sence of any clear sho$ing or proof that the election returns can#assed are incoplete or contain aterial defectssec 26%3! appear to ha#e "een tapered $ith! falsified or prepared under duress sec 26;3 and-or contain discrepancies in the #otes credited to any candidate! the difference of $hich affects the results of the electionsec 263 $hich are the only instances $here a pre/proclaation recount ay "e resorted to! granted the preser#ation of the integrity of the "allot "o> and its contents! Sanchez petition ust fail( The coplete election returns those authenticity is not in &uestion is pria facie considered #alid for the purpose of can#assing and proclaation of the $inning candidates( 0ther$ise! it $ill open floodgates to clais "y the losing candidates and delay the can#ass and proclaation( The allegation of in#alidation of Sanchez?s #otes intended for hi "ears no relation to the correctness and authenticity and correctness of the election returns can#assed( Furtherore! Coelec has no po$er to loo@ "eyond the face of the "allots once satisfied of their authenticity A"es #s Coelec3(