G.R. No. 134826 - RENE CORDERO, VS. COMMISSION ON ELECTIONS, MUNICIPAL BOARD OF CANVASSERS OF ESTANCIA, ILOILO AND TRUMAN LIM. R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, this Commission (SECOND DIVISION), RESOLVES to AFFIRM the rulings of the respondent Municipal Board of Canvassers including in its canvass the election returns from the contested precincts. Respondent board is hereby DIRECTED to RECONVENE and FINISH the canvassing of the remaining or uncontested returns and thereafter, PROCLAIM the winning mayoralty candidate of Estancia, Iloilo." In its Resolution [3] dated August 13, 1998, the Comelec en banc [4] denied petitioner's motion for reconsideration and affirmed the assailed Resolution. Hence, this Petition. [5] The Facts In the May 1998 elections, Rene Cordero and Truman Lim were candidates for mayor in the Municipality of Estancia, Iloilo. During the canvassing of votes by the municipal board of canvassers (MBOC), Petitioner Cordero contested, through his counsel, the inclusion of the election returns from several precincts. [6] He objected on the ground that the returns were tampered with, altered, manufactured and/or lacked material data. Despite these objections, the MBOC included in the canvass the questioned election returns. On May 25, 1998, petitioner appealed the MBOC action to the Comelec. On July 11, 1998, he appealed another MBOC order for the inclusion of a different set of contested election returns [7] in the canvass. In both appeals, he sought the exclusion of such returns. Ruling of the Comelec After finding that petitioner failed to comply with the procedure mandated in Section 36, paragraphs c and h, of Comelec Resolution No. 2962 promulgated January 5, 1998, the Comelec (Second Division) issued the assailed Resolution, affirming the MBOC rulings to include in the canvass the election returns from the contested precincts. Pursuant to said Resolution 2962, parties objecting to the inclusion of election returns in the canvass must submit their written objections in the form prescribed by the Comelec, with the evidence in support thereof; any appeal brought before the Comelec without the accomplished forms and the evidence attached thereto shall be summarily dismissed. According to the Comelec, the petitioner failed to attach to his appeals his written objections and the evidence in support thereof. The dismissal of his appeals was therefore warranted. The poll body further directed the MBOC of Estancia, Iloilo, to reconvene and finish the canvass and thereafter to proclaim the winning candidate. Petitioner filed a motion for reconsideration which, as earlier stated, the Comelec en banc denied in its August 13, 1998 Resolution. Meanwhile, the MBOC of Estancia reconvened, pursuant to the directive in the July 28, 1998 Resolution. In his Petition filed before this Court, petitioner also prays for the issuance of a temporary restraining order and/or a writ of preliminary injunction, to enjoin public respondent from including in its canvass the contested election returns from the enumerated precincts and from proclaiming the winning mayoralty candidate. Pet