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G.R. No. 120426 November 23, 1995

NICOLAS C. CASTROMAYOR V COMMISSION ON ELECTIONS !" #$e M%NICI&AL

'OAR( O) CANVASSERS O) CALINOG, ILOILO

)ACTS*

Petitioner was a candidate for a seat in the eight-member Sangguniang Bayan of themunicipality of Calinog, Iloilo in the elections held on May 8, 1!"

#n May 1$, 1!, the winners were proclaimed on the basis of the results of the can%asswhich showed that petitioner recei%ed !,&1 %otes and too' eighth place in the electionfor members of the Sangguniang Bayan"

(owe%er, when )lice M" *arin, Chairman of the MBC, rechec'ed the totals in theStatement of +otes the following day, she disco%ered that the number of %otes cast forilda C" emorito, as member of the Sangguniang Bayan, was ./ more than that

credited to her"

#n May 10, 1!, a fa letter was sent to the 2aw epartment of the C#M323C in Manila4he letter eplained the problem and as'ed for authority for the MBC to recon%ene inorder to correct the error, annul the proclamation of petitioner and proclaim emorito asthe eighth member of the Sangguniang Bayan"

ISS%E*

2egality C#M323C5s action of directing the Municipal Board of Can%assers of saidmunicipality to recon%ene to annul the proclamation of icolas C" Castromayor

(ISC%SSION*

4he C#M323C did not itself annul the proclamation of petitioner, but, by 6directing theMunicipal Board of Can%assers of said municipality to recon%ene to annul theproclamation of icolas C" Castromayor,6 the C#M323C in e7ect did so" )fter all, theauthority of the C#M323C was sought because, without such authority, the MBC wouldnot ha%e the power to annul the proclamation of petitioner"

4he MBC did not state that it was going to recon%ene to annul petitioner5s proclamationand ma'e a new one but only that it was going to do so 6for the correction of the errorsnoted in the Statement of +otes Per PrecinctMunicipality"6

4he proceedings before the MBC should be summary" Should any party be dissatis9edwith the ruling of the MBC, the party concerned shall ha%e a right to appeal to theC#M323C en banc, in accordance with :ule /;,

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the power of the C#M323C en bancto order a correction of the Statement of +otes toma'e it conform to the election returns in accordance with a procedure similar to theprocedure now embodied in :ule /;, ected in the election returns" In ma'ing thecorrection in computation, the MBC will be acting in an administrati%e capacity, under

the control and super%ision of the C#M323C" (ence any =uestion pertaining to theproceedings of the MBC may be raised directly to the C#M323C en bancin the eerciseof its constitutional function to decide =uestions a7ecting elections"

?hat has @ust been said also disposes of petitioner5s other contention that because hisproclamation has already been made, any remedy of the losing party is an electionprotest" )s held in the Duremdes caseA

It is :3M3S5 further submission that this proclamation could not bedeclared null and %oid because a pre-proclamation contro%ersy is not properafter a proclamation has been made, the proper recourse being an election

protest" 4his is on the assumption, howe%er, that there has been a %alidproclamation" ?here a proclamation is null and %oid, the proclamation is noproclamation at all and the proclaimed candidate5s assumption of ocecannot depri%e the C#M323C of the power to declare such nullity and annulthe proclamation" D)guam %s" C#M323C, 2-/8!!, /8 May 1.8, /0 SC:)880E"

?(3:3F#:3, the petition is ISMISS3 and the 4emporary :estraining #rder pre%iouslyissued is hereby 2IF43"

S# #:3:3"