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MANUEL MILLA v. REGINA BALMORES-LAXA

FACTS:

The case involves two candidates, Manuel Milla and Regina Balmores-Laxa, who ran for councilor of Gerona, Tarlac in the May 14, 2001 elections. After the elections, Milla was proclaimed as the eighth winning candidate based on the Statement of Votes and Certificate of Canvass. However, a month later, Balmores-Laxa filed a petition with the COMELEC, seeking a correction of entries in the Statement of Votes. She alleged that there were discrepancies in the tabulation of votes and that Milla's votes were padded by 350 votes in four precincts.

In response, the COMELEC conducted an investigation and found that there was indeed padding of votes in favor of Milla. As a result, it declared Milla's proclamation null and void and proclaimed Balmores-Laxa as the eighth winning candidate instead.

Milla contested the jurisdiction of the COMELEC over the petition, arguing that it was filed beyond the reglementary period.

ISSUES:

  1. Whether the COMELEC has jurisdiction to annul the proclamation of a winning candidate due to an alleged error in the tabulation of the Statement of Votes.

  2. Whether the petition to correct the Statement of Votes was filed within the reglementary period.

RULING:

  1. The COMELEC has jurisdiction to annul the proclamation of a winning candidate due to an alleged error in the tabulation of the Statement of Votes. The Supreme Court found that there was clear and convincing evidence of padding of respondent's votes, which is considered beyond the realm of an honest mistake. The power of the COMELEC to correct errors in the Statement of Votes and declare a proclamation null and void is upheld.

  2. The petition to correct the Statement of Votes was filed within the reglementary period. The Supreme Court ruled that the reglementary period for filing such a petition is five days from the date of proclamation, and respondent filed her petition one month after petitioner's proclamation. However, the Supreme Court considered the merits of the case and found clear evidence of padding of votes, warranting the correction of the Statement of Votes.

PRINCIPLES:

  • The COMELEC has jurisdiction to annul the proclamation of a winning candidate due to an alleged error in the tabulation of the Statement of Votes.

  • The reglementary period for filing a petition to correct the Statement of Votes is five days from the date of proclamation, but the Supreme Court may still consider the merits of the case despite the untimely filing.