Case Digest: SALLY A. LEE v. COMMISSION ON ELECTIONS and LEOVIC R. DIONEDA 405 SCRA 363 (2003)

SALLY A. LEE v. COMMISSION ON ELECTIONS and LEOVIC R. DIONEDA 405 SCRA 363 (2003)

Petitioner Sally A. Lee (Lee) and respondent Leovic R. Dioneda (Dioneda) were candidates for Mayor of Sorsogon City. During the canvassing of the election returns, counsel for Dioneda moved for the exclusion of Election Return No. 41150266 for Precinct No. 28A2 from Barangay Bucalbucalan, Sorsogon City on the ground that no entries were made for the position of congressman and that Laban ng Demokratikong Pilipino (LDP) watchers were utilized to fill up election returns. The Board of Canvassers (BOC) ruled in favor of Lee on the ground that the questioned election return was clear and regular on its face, the BOC then proclaimed Lee as the winning candidate for Mayor of Sorsogon City. Dioneda then filed a petition to the Commission on Elections (COMELEC) for annulment of Lee‘s proclamation and the exclusion of the questioned election return. The COMELEC Second Division granted Dioneda‘s petition and accordingly excluded the questioned return from the canvass and nullified the proclamation of Lee. Lee filed a Motion for Reconsideration but was denied by the COMELEC En Banc.

ISSUE:

Whether or not the COMELEC gravely abused its discretion in annulling Lee‘s proclamation and excluded the questioned election return.

HELD:

Lee argues that as the case at bar is a pre-proclamation controversy, the COMELEC is ―restricted to an examination of the election returns and is without jurisdiction to go [beyond] or behind them and investigate election irregularities, citing the case of Loong v. Commission on Elections. The doctrine cited by Lee presupposes that the returns ―appear to be authentic and duly accomplished on their face.‖ Where, as in the case at bar, there is a prima facie showing that the return is not genuine, several entries having been omitted in the questioned election return, the doctrine does not apply. The COMELEC is thus not powerless to determine if there is basis for the exclusion of the questioned election return.