Pre-Proc after Proclamation

Abainza and Arellano were among the candidates for the position of member of the Sangguniang Bayan of Jovellar, Albay. Abainza garnered 3,014 votes and held the 8th spot while Arellano received 2,983 votes. On May 15, 2007, the Municipal Board of Canvassers proclaimed Abainza as one of the duly elected members of the Sangguniang Bayan. Arellano filed a petition for correction of the number of votes in Clustered Precinct Nos. 46-A/47-A due to erroneous tally. It was alleged that an Election Return from said precinct showed a tally of 114 votes in favor of Arellano but indicated a corresponding total in words and figures of only 14 votes. May the COMELEC grant a petition for correction of manifest error which was in the nature of a pre-proclamation controversy despite a proclamation and oath by Abainza as elected councilor?

SUGGESTED ANSWER:

Yes. The SC ruled that “Despite the proclamation of the winning candidates, the COMELEC still has jurisdiction to correct manifest errors in the election returns for the Sangguniang Bayan candidates. Section 7 of the COMELEC Rules of Procedure provides for the correction of errors in tabulation or tallying of results by the Board of Canvassers, viz.:

Sec. 7. Correction of Errors in Tabulation or Tallying of Results by the Board of Canvassers. - (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns, or certificates of canvass, during the canvassing as where (1) a copy of the election returns of one precinct or two or more copies of a certificate of canvass were tabulated more than once, (2) two copies of the election returns or certificate of canvass were tabulated separately, (3) there was a mistake in the adding or copying of the figures into the certificate of canvass or into the statement of votes by precinct, or (4) so-called election returns from non-existent precincts were included in the canvass, the board may motu proprio, or upon verified petition by any candidate, political party, organization or coalition or political parties, after due notice and hearing, correct the errors committed.


It is true that this provision deals with pre-proclamation controversies. However, it has also been held applicable to cases when a proclamation had already been made, where the validity of the candidate’s proclamation was precisely in question. After all, the election returns that are later on reflected in the statement of votes form the basis of the certificate of canvass and of the proclamation. Any error in the election returns ultimately affects the validity of the proclamation.

With the finding by the COMELEC of a manifest error in Election Return No. 2900930 from Clustered Precinct Nos. 46-A/47-A, petitioner’s proclamation was, therefore, flawed from the very beginning. It was not a valid proclamation. And when a proclamation is null and void, the proclamation is no proclamation at all; thus, the proclaimed candidate’s assumption of office cannot deprive the COMELEC of the power to declare such nullity and annul the proclamation. xxx The error in the entry in the election return is very evident to the eye, needing no evidence to make it clear. Abainza’s proclamation and eventual assumption of office, was predicated on clerical and “manifest” error, not on the legitimate will of the electorate.

In Duremdes v. Commission on Elections, it was Duremdes’ submission that his proclamation could not be declared null and void because a pre-proclamation controversy was not proper after a proclamation had been made, the proper recourse being an election protest. However, the Court ruled that Duremdes’ contention was proper only if there had been a valid proclamation. (ABAINZA vs. Arellano, G.R. No. 181644, December 8, 2008, ponente: Nachura)