Matsura vs. Comelec

Matsura vs. Comelec

Facts:

Petitioner Michael Matsura and private respondent Didagen Dilanggalen were congressional candidates for the first district of Maguindanao. Dilanggalen objected to the inclusion of the Certificate of Canvass of Municipality of Matanog on the ground that the same was allegedly tampered. The COMELEC ordered the production and examination of the election returns of the Municipality of Matanog. During the examination, four (4) ballot boxes were produced and opened. Upon the examination and comparison the COMELEC found that indeed the Certificate had been tampered. Meanwhile, the Municipal Board of Canvassers convenes and re canvassed the votes. Matsura objected to the inclusion of fifty(50) out of fifty seven(57) election returns on the ground that the COMELEC copy of the election returns was not reflective of the true results unless compared with the copy of the original of Municipal Board of Canvassers. Matsura thereafter walked out while the new Municipal Board of Canvassers continued with the canvassing. After the proceedings, private respondent was proclaimed the duly elected member and Maguindao. Matsura filed a petition for Certiorari; prohibition and Mandamus praying the annulment of said decision due to grave abuse of discretion on the part of the COMELED.

Issue:

Whether or not the COMELEC exercise a grave abuse of discretion by not including the seven (7) remaining election returns for the re canvassing of votes.

Held:

No, COMELEC can suspend the canvass of votes pending its inquiry whether mere existence of a discrepancy between the various copies of election returns from the disputed voting centers. Once the election returns were found to be falsificated or tampered with, the COMELEC can annul the illegal canvass and order the Board of Canvassers to reconvene and proclaim the winners on the basis of the genuine returns.

fr: atty gloria >.<