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Purisima v.

Salonga L-22335 December 31, 1965

FACTS: Petitioner Purisima is a candidate for any of the three offices of Provincial Board Member of Ilocos Sur. During the canvass, he notes that the returns from precints (41) showed on their face that the words and figures for Gregorio Cordero had been obviously and manifestly erased and superimposed with other words and figures. For comparison, the Nacionalista Party copies of returns were submitted to the board of canvassers and discrepancy was found.Purisima requested for suspension of the canvass, which the board denied upon the ground that it was not yet ascertainable whether the discrepancies would materially affect the result. After the canvass, Cordero got the last spot with 1, 857 votes more than Purisima. The petitioner again called the attention to the erasures which the board again denied and proceeded with the proclamation of Cordero. Purisima went to the COMELEC to annul the canvass and proclamation to whichthe Commission respinded by passing a resolution annulling the canvass and proclamation. He filed a petition for recount with the CFI which was dismissed. It was argued that the Nacionalista copies cannot be made basis of a petition for recount accdg to Sec. 163 of the Revised Election Code. ISSUE: Whether the Court is correct in dismissing the petition for recount and its interpretation of Sec. 163 of the Revised Election Code. HELD: The dismissal of petition for recount set aside. There is no more question now that the number of votes involved in said discrepancy is more than enough to alter the result. The record shows that the reason why Purisima was not able to submit to the board the COMELEC copies of returns was because the board declined to suspend the canvass and proclamation. He should not be prejudiced by such. It is the duty of canvassers to suspend in case of patent irregularity in the returns as in the present case. Interpretation of election laws should give effect to the expressed will of the electorate.

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