Section JD 1B

Constitutional Law 1
Torres v. Comelec 2700 SCRA 583
Facts:
Municipal Board of Canvassers of Tanza, Cavite, issued a Certificate of Canvass of Votes
and Proclamation of the Winning Candidates for Municipal Councilors. Petitioner was
proclaimed as the fifth winning candidate for councilor with 12,055 votes.
The same Municipal Board of Canvassers requested the COMELEC for correction of the
number of votes garnered by petitioner. The letter-request from the former stated that the
votes intended for Mr. Dimaala in the sub-total as reflected in the Statement of Votes by
precinct was erroneously added to Mr. Torres for a total of 934 votes. Mr. Torres should
have been number 10 in the winning column with 11,121 votes while Mr. de Peralta should
have been number 5 with 11,610 votes. In an En Banc resolution, COMELEC granted the
letter-request for the correction. It ordered the Municipal Board of Canvassers to
reconvene and proclaim de Peralta as the eighth winning councilor.
Issue:
Whether or not COMELEC En Banc has the power to order the correction.
Ruling:
Yes. Under Sec. 7, Rule 27, of the COMELEC Rules of Procedure, the board may motu
proprio or upon verified petition by any candidate, political party, organization or coalition
of political parties, correct the errors committed, (a) where it is clearly shown before
proclamation that manifest errors were committed in the tabulation or tallying of election
returns, or certificates of canvass, during the canvassing as where… (3) there was a
mistake in the adding or copying of the figures into the certificate of canvass or into the
statement of votes by precinct.
The above provision applies even if the proclamation of a winning candidate has already
been made as in the case at bar in which the validity of the proclamation is precisely in
question.
Where a proclamation is null and void, the proclamation is no proclamation at all and the
proclaimed candidate's assumption of office cannot deprive the COMELEC of the power
to declare such nullity and annul the proclamation.
Since the Statement of Votes forms the basis of the Certificate of Canvass and of the
proclamation, any error in the statement ultimately affects the validity of the proclamation.
An election protest over which the RTC has original jurisdiction presupposes a valid
proclamation.
The making of the correction in their computation is an administrative capacity of the
Municipal Board of Canvassers under the control and supervision of the COMELEC. The
Statement of Votes is merely tabulation per precinct of the votes obtained by the
candidates as reflected in the election returns. HENCE, the COMELEC En Banc has
authority to resolve any question pertaining to the proceedings of the Municipal Board of
Canvassers.