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ROBERT Z. BARBERS v. COMELEC

FACTS:

The case is about a petition filed by Robert Z. Barbers to nullify the resolution of the Special Division and en banc of the Commission on Elections (COMELEC) affirming the proclamation of Rodolfo G. Biazon as the 12th Senator in the 2004 elections. Barbers and Biazon were both re-election candidates for the Senate. After proclaiming the first 11 Senators, the COMELEC proclaimed Biazon as the 12th Senator with a margin of 10,685 votes over Barbers. Barbers filed a petition to annul Biazon's proclamation, arguing it was based on an incomplete canvass. The COMELEC denied Barbers' petition and his motion for reconsideration.

The petitioner argues that the COMELEC has the power to annul any illegal canvass and proclamation. Additional Certificates of Canvass were submitted to the COMELEC after the proclamation, showing that the margin between Biazon and Barbers was reduced to 6,212 votes. Even if the remaining uncanvassed votes favor Barbers, it would not affect the results significantly. The COMELEC en banc denied Barbers' motion for reconsideration, stating that Biazon's lead remains insurmountable. The petitioner also raised irregularities in certain towns and provinces as highlighted by the Supervisory Committee's report.

The dispute involves the canvassing of election results in Maguindanao. The Chairman of the Provincial Board of Canvassers submitted a supplemental Provincial Certificate of Canvass (PCOC) without indicating which Municipal Certificate of Canvass (MCOC) was used as its basis. The original Board of Canvassers was replaced, and the two members who signed the supplemental PCOC were part of the replaced board.

Referring to a previous case, it was noted that if a candidate has been proclaimed winner, the losing candidate's proper recourse is to file an electoral protest.

Barbers argues that the COMELEC should not have relied on improvised MCOCs but should have used the official provincial COCs. Barbers also contends that the COMELEC gravely abused its discretion by prematurely proclaiming Biazon as the winner and refusing to rectify the void proclamation.

In summary, the case involves a dispute over the use of election documents in the canvassing process and the alleged premature proclamation of the winning candidate.

ISSUES:

  1. Whether an incomplete canvass of votes can be the basis of a subsequent proclamation.

  2. Whether the missing election returns and the results of special elections would affect the results of the election.

  3. Whether the use of PCOCs or MCOCs in the subsequent canvass is immaterial.

  4. Whether the Supreme Court has jurisdiction to entertain the electoral protest against Biazon.

RULING:

  1. An incomplete canvass of votes is illegal and cannot be the basis of a subsequent proclamation. However, this is only true if the missing election returns will affect the results of the election.

  2. The missing election returns and the results of special elections would not materially affect the results of the election. Thus, the proclamation of the winning candidate would still be valid.

  3. Whether PCOCs or MCOCs were used in the subsequent canvass is immaterial as long as the missing election returns and the results of special elections would not materially affect the election results.

  4. The Supreme Court does not have jurisdiction to entertain the electoral protest against Biazon as the resolution of such dispute falls within the sole jurisdiction of the Senate Electoral Tribunal (SET).

PRINCIPLES:

  • Certiorari as a special civil action is available only if the tribunal, board, or officer has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction.

  • Prohibition as a special civil action is available only if the proceedings are without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.

  • The Senate and the House of Representatives have their respective Electoral Tribunals which are the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.

  • The phrase "election, returns, and qualifications" refers to all matters affecting the validity of the contestee's title.

  • The word "sole" in the Constitution and the Rules underscores the exclusivity of the SET's jurisdiction.

  • An incomplete canvass of votes is illegal unless the missing election returns will not affect the election results.

  • The proclamation of the winning candidate can be based on the available election returns if the missing election returns will not affect the election results.

  • The COMELEC enjoys the presumption of good faith and regularity in the performance of official duty.

  • The resolution of disputes or contests relating to the election returns of senators falls within the sole jurisdiction of the SET.