JAMES BERNARD G. CALO ATTY. FERDINAND G.S.

GUJILDE
Rm. 406 ELECTION LAW
SARANGANI vs. COMELEC appear prima facie regular, the proper remedy is a regular election protest
G.R. No. 155560-62. Nov. 11, 2003 and not pre-proclamation controversy.
As a general rule, the proper remedy after the proclamation of the
FACTS: winning candidate for the position contested would be to file a regular
Petitioner Aleem Ameroddin Sarangani, Saidamen B. Pangarungan election protest or a petition for quo warranto.
and private respondent Mamintal M. Adiong were the contenders for the Wherefore the instant petition is DISMISSED.
position of governor in the province of Lanao del Sur. During the canvass of
votes made by the Provincial Board of Canvassers (PBC), the contending
candidates made several objections to the inclusion of Certificates of
Canvass (COC) from several municipalities.
On 02 July 2001, the PBC issued resolutions excluding COC’s from
the municipalities of Wao, In view of the fact that the second page of the
subject COC is a photocopy where the votes written in figures were likewise
appearing to be a result of photo copying although the votes in words were
handwritten thereon, and no single signature was affixed on that page of the
COC that would least prove its authenticity. The PBC likewise excluded the
COCs from the municipality of Bubong for they cannot ascertain, the true
and real votes reflected in the certificate of votes and the corresponding
statements of votes where they found to be altered.
Private respondent refused to acknowledge receipt of the rulings of
the PBC and filed with the COMELEC a Motion to Resolve Petition to
Change Composition of the PBC of Lanao del Sur. The COMELEC granted
the motion, and the newly constituted PBC overturned the rulings of the old
board and decided to include the COCs from the municipalities of Wao and
Bubong which resulted in the proclamation of Private respondent as being
the duly elected governor.
Feeling aggrieved by the new ruling. Petitioners filed, on July 14,
2001, separate appeals to the COMELEC, were eventually consolidated in
the Second Division of the COMELEC together with the Urgent Petition to
Annul the proclamation of respondent.
ISSUE:
Whether the proper remedy is to file a Pre-Proclamation
controversy or Election Protest.
HELD:
To require the board of canvassers and the COMELEC to look
beyond or behind the election returns which are on their face regular and
authentic, examine the circumstances surrounding the preparation of the
returns would run counter to the rule that a pre-proclamation controversy
should be summarily decided…Where the resolution of the issues raised
would require the COMELEC to pierce the veil of election returns that