Castromayor v. COMELEC, 250 SCRA 298
Facts: Castromayor was declared and proclaimed winner in an election contest held in1995 in Calinog, Iloilo, taking the 8
Sangguniang Bayan seat. When the chairman of theMunicipal Board of Canvassers rechecked the totals of the Statement of Votes, there wassome disparity and it appeared that another candidate, Demorito has more votes thanCastromayor and the reason was that votes from one (1) precinct was overlooked. Shethereafter sent a fax to the COMELEC requesting that the MBC be reconvened forpurposes of rectifying the error and annulling the proclamation of Castromayor andproclaim Demorito as the 8
member of the Saggunian. The COMELEC then issued aresolution based on the request. Petitioner then assailed the resolution of the COMELEC.Petitioner contends that he was denied due process since the issue involves apreproclamation controversy and he should be entitled to notice and hearing so that hecan be afforded an opportunity to refute the allegations. Petitioner contests the Resolutionof the COMELEC which was based on a fax letter sent by Garin.Issue: WON the resolution is valid and that the proclamation of petitioner is valid.Ruling : what the COMELEC resolution contemplates is a hearing before the MBC atwhich petitioner will be heard on his objection and that only if warranted will the MBCbe authorized to set aside the proclamation of petitioner previously made. In its notice tothe candidates, the MBC did not state that it was going to reconvene to annul petitioner'sproclamation and make a new one but only that it was going to do so "for the correctionof the errors noted in the Statement of Votes per Precinct/Municipality.The Statement of Votes forms the basis of the Certificate of Canvass and of theproclamation, any error in the statement ultimately affects the validity of theproclamation. It begs the question, therefore, to say that this is not a pre-proclamationcontroversy and the procedure for pre-proclamation controversies cannot be applied tothe correction in the computation of the totals in the Statement of Votes.What is involved here is a simple problem of arithmetic. The Statement of Votes ismerely a tabulation per precinct of the votes obtained by the candidates as reflected in theelection returns. In making the correction in computation, the MBC will be acting in anadministrative capacity, under the control and supervision of the COMELEC. Hence anyquestion pertaining to the proceedings of the MBC may be raised directly to theCOMELEC en banc in the exercise of its constitutional function to decide questionsaffecting elections.