G.R. No. 181809 - ROSE MARIE D. DOROMAL, VS. HERNAN G. BIRON AND COMMISSION ON ELECTIONS.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly order it to rectify the unjustified disenfranchisement of voters in this case. This Petition for Certiorari under Rules 64 and 65 of the Rules of Court seeks to annul and set aside the COMELEC En Banc's February 1, 2008 Resolution. [3] The COMELEC En Banc affirmed its Second Division's September 12, 2007 Resolution [4] in SPC No. 07-147 which ordered the exclusion of 11 election returns in the canvassing of votes for the position of vice mayor in the Municipality of Dumangas, Iloilo. Factual Antecedents Petitioner Rose Marie D. Doromal (Doromal) and private respondent Hernan G. Biron (Biron) were the vice mayoralty candidates for the Municipality of Dumangas, Iloilo in the May 14, 2007 elections. During the canvassing of votes, Biron orally objected to the inclusion of 25 [5] election returns. Biron anchored his objections to the inclusion of the 21 returns on the alleged missing taras [6] in Copy 4 of the contested returns, which he obtained as the standard bearer of LAKAS-CMD, the recognized dominant majority party in said elections. [7] As regards the remaining four contested returns, Biron opposed their inclusion allegedly because there was a discrepancy between the number of votes stated in the said returns and those stated in the certificate of votes issued by the Board of Election Inspectors (BEI). In view thereof, the Municipal Board of Canvassers (MBC) deferred the canvassing of the said returns. Thereafter, Biron filed his written objections and supporting evidence. On May 18, 2007, the MBC denied [8] the petitions for exclusion. It found that there was no tampering on the number of taras for Doromal in the copy of the election return for the MBC. It also held that the copy of the election return of the MBC was complete with no material defect and duly signed and thumbmarked by the BEIs. [9] Aggrieved, Biron appealed to the COMELEC. The case was docketed as SPC No. 07-147 [10] and raffled to the Second Division. Pending the resolution of the appeal, the proclamation of the winning vice mayoralty candidate was ordered suspended. Ruling of the COMELEC Second Division On September 12, 2007, the COMELEC Second Division, voting 2-1, issued a Resolution partially granting Biron's appeal. It ordered the exclusion of only 11 contested election returns while at the same time ordered the inclusion of the remaining 14 election returns in the canvassing of votes, viz : WHEREFORE, foregoing premises considered, the instant appeal is PARTIALLY GRANTED. The election returns in Precinct Nos. 17A/18A, 20A, 21A/21B, 30A/31A, 59A/60A, 122A/122B, 162A/163A, 169A, 173A/173B, 174A/174B, 192A, 202A, 204A and 207A, are hereby ordered INCLUDED in the canvass of returns for the vice-mayoralty position in Dumangas, Iloilo. The Municipal Board of Canvassers of Dumangas, Iloilo is hereby ordered to RECONVENE and PROCEED with the canvass of the said election returns and PROCLAIM the candidate who garners the most number of votes. The election returns in