Sunday, May 19, 2019
RAMIREZ V COMELEC
GR 112013
MARCH 26,1997
FACTS
The Municipal Board of Canvassers (MBC) of Gipolos, Eastern Samar proclaimed petitioner Ramirez winner in the vice-mayoralty race over another candidate, private respondent Go based on the results showing that Ramirez obtained more votes than Go.
Go petitioned COMELEC for correction of manifest error claiming that owing to error in addition, he was credited with lesser votes. The COMELEC en banc issued a Resolution directing the MBC to reconvene and recompute the votes in the Statement of Votes and proclaim the winning candidate. Acting on separate motions filed by Ramirez and Go, the COMELEC en banc affirmed its earlier resolution.
Ramirez petitioned the Supreme Court to annul the 2 COMELEC en banc resolutions and to reinstate his proclamation as the duly elected vice-mayor. He alleged that the COMELEC en banc had no jurisdiction over the controversy since it was not yet acted upon by a division of the COMELEC.
Issue:
Whether the COMELEC en banc has jurisdiction to act directly on the petition for correction of manifest error filed by private respondent Go?
Held:
The Supreme Court ruled in the affirmative, citing Rule 27, Section 5 of the 1993 COMELEC Rules which provides correction of manifest errors in the tabulation or tallying of results during the canvassing as one of the pre-proclamation controversies which maybe filed directly with the COMELEC en banc.
The Supreme Court annulled the COMELEC resolutions but directed COMELEC to reconvene the MBC or if this is not feasible, to constitute a new MBC in Gipolos, Eastern Samar and to order it to promptly revise the Statement of Votes based on the election returns from all the precincts of the Municipality and thereafter, proclaim the winning candidate.
Principle/ Doctrine:
Pre-proclamation controversies involving, inter alia, manifest errors in the tabulation or tallying of the results may be filed directly with the COMELEC en banc.
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