CORNELIO DELOS REYES, PETITIONER, VS.

COMMISSION ON ELECTIONS AND

ROMEO H. VASQUEZ, RESPONDENTS [G.R. NO. 170070, February 28, 2007]
ELECTION PROTEST

Facts:
Cornelio Delos Reyes and Romeo H. Vasquez were candidates for the position of
Barangay Chairman of Barangay 414, Zone 42, District 4, Manila, in the July 15, 2002,
Barangay Elections. Following the election, Delos Reyes filed a Petition for Recount
with the Metropolitan Trial Court (MeTC), citing irregularities in the election process.
After conducting a recount, the MeTC declared Delos Reyes the winner based on the
recount results. Dissatisfied with the MeTC's decision, Vasquez appealed to the
Commission on Elections (COMELEC), contesting the MeTC's ruling. The COMELEC,
after scrutinizing the contested ballots, reversed the decision of the MeTC and declared
Vasquez the winner of the election. Delos Reyes then filed a Motion for Reconsideration
with the COMELEC En Banc, which was subsequently denied. Seeking redress, Delos
Reyes petitioned the court, challenging the decision of the COMELEC.

Issue:
Whether the COMELEC's decision to invalidate certain contested ballots and declare
Vasquez the winner was proper.

Decision:
In its ruling, the court partially granted Delos Reyes's petition, noting deficiencies in the
COMELEC's assessment of the contested ballots. While the court upheld the
COMELEC's decision regarding certain ballots marked after Vasquez's name, deeming
them valid votes in his favor, it found shortcomings in the evaluation process.
Consequently, the court remanded the case to the COMELEC for a thorough review of
the contested ballots. Due to the unavailability of the original records, the COMELEC
was tasked with conducting a comprehensive reassessment of the ballots to ensure a
fair and accurate determination of the election outcome.
PET ANGELI R. CARLOTO, Petitioner, vs. COMMISSION ON ELECTIONS, HON.
ARTURO M. PACULANANG, in his capacity as Actng. Presiding Judge, RTC Branch
28, Liloy, Zamboanga del Norte and MARIANO C. CANDE LARIA, JR., Respondents
[G.R. No.174155, January 24, 2007] COMELEC

Facts:
Pet Angeli R. Carloto and Mariano C. Candelaria Jr. contested the mayoralty post in
Gutalac, Zamboanga del Norte, in the May 10, 2004, elections. Carloto was initially
proclaimed mayor with a marginal lead of 152 votes. Candelaria filed an election
protest, alleging fraud and irregularities. The trial court annulled the election results in
four precincts due to various irregularities and declared Candelaria as the winning
candidate. Carloto appealed the decision, but the trial court granted execution pending
appeal, allowing Candelaria to assume office as mayor.

Issue:
Whether the Commission on Elections (COMELEC) committed grave abuse of
discretion in allowing execution pending appeal of the trial court's decision.

Decision:
The Court dismissed Carloto's petition, affirming the resolutions of the COMELEC. It
held that the trial court did not abuse its discretion in granting execution pending
appeal, as there were valid reasons, including the length of time the election contest had
been pending, the shortness of the remaining portion of the term of office, and public
interest. The alleged errors in the trial court's decision should be resolved on appeal,
and certiorari was not the proper remedy for errors of judgment. Therefore, the
execution pending appeal was upheld, and the petition was dismissed.
DR. MAHID M. MUTILAN, Petitioner, vs. COMMISSION ON ELECTIONS and
ZALDY UY AMPATUAN, Respondents [G.R. No. 171248, April 2, 2007] ELECTION
PROTEST

Facts:
Dr. Mahid M. Mutilan (petitioner) and Zaldy Uy Ampatuan (private respondent)
contested the 2005 regional elections in the Autonomous Region of Muslim Mindanao
(ARMM) for the position of Governor. Private respondent was proclaimed the winner.
Dissatisfied with the results, petitioner filed an Electoral Protest and/or Petition to
Annul the Elections, alleging irregularities in several provinces.

Issue:

Whether the COMELEC Second Division acted correctly in dismissing the petition for
lack of jurisdiction.
Whether the COMELEC En Banc was justified in denying petitioner's Motion for
Reconsideration due to lack of verification.

Decision:
The COMELEC Second Division's dismissal of the petition was upheld. Although the
elevation of the case to the COMELEC En Banc wasn't prohibited, the petition failed to
establish grounds for declaring a failure of elections.
The denial of petitioner's Motion for Reconsideration by the COMELEC En Banc due to
lack of verification was affirmed. The subsequent filing of a verified motion was
deemed invalid as it was submitted after the original motion was denied.
MAYOR NOEL E. ROSAL, Petitioner, vs. COMMISSION ON ELECTIONS and
MICHAEL VICTOR IMPERIAL, Respondents [G.R. No. 172741, March 16, 2007]
ELECTION PROTEST

Facts:
In the May 10, 2004 elections, Noel E. Rosal and Michael Victor C. Imperial both vied
for the mayoralty of Legaspi City. Following the vote counting, Rosal emerged as the
victor with 44,792 votes, securing a lead of 11,045 votes over Imperial's 33,747.
However, Imperial contested the results by filing a petition to annul the proclamation,
citing irregularities in 520 precincts. This petition, known as EPC No. 2004-61, was
lodged with the Commission on Elections (Comelec) and alleged various issues such as
miscounting and misreading of votes.
During the proceedings, concerns arose regarding the integrity of the ballot boxes, with
many discovered to have missing or broken seals. Subsequently, a revision of the
contested ballots took place, resulting in a reduction of Rosal's votes and an increase in
Imperial's tally. In response, Rosal filed a motion requesting a technical examination of
the contested ballots, asserting that some were spurious and had been inserted into the
ballot boxes after the initial count.
Despite Rosal's efforts, the Second Division of the Comelec denied his motion, asserting
that the Comelec had the authority to verify the authenticity of the ballots. Rosal's
subsequent motion for reconsideration met the same fate. Ultimately, the Second
Division declared Imperial as the rightful winner and ordered Rosal to vacate the office
of mayor.

Issue:
Whether the Comelec's Second Division acted with grave abuse of discretion in denying
Rosal's motion for a technical examination of the contested ballots, thereby violating his
right to due process.

Decision:
The Supreme Court ruled that the Comelec's Second Division did not act with grave
abuse of discretion in denying Rosal's motion for a technical examination of the
contested ballots. The Court affirmed the Comelec's decision declaring Imperial as the
winning candidate for mayor of Legaspi City.