Domingo v.

City Board of Canvassers, Irma Alfonso (Resolution)

FACTS:
• Petitioner filed a special civil action for certiorari and prohibition seeking to
enjoin the City Board of Canvassers from proclaiming Irma Alfonso as
a winner for the city councilor position (Manila)
• Petitioner was also a candidate for the same position
• Another candidate was Irma’s father, Pedro Alfonso
• Pedro Alfonso died of natural cause a day before the elections
• Irma filed her COC in substitution before noon of the day of election
• In the election returns, Pedro’s name was not deleted; while, irma’s name
was added to the list
• During the counting, Pedro & Irma received their respective tallies
• After the canvas
⁃ Pedro ranked 4th
⁃ petitioner Domingo ranked 7th
⁃ Irma did not reach the top 10
• The Board of Canvassers decided to add the votes received by Pedro to his
daugther, Irma; thus, elevating her as one of the winning candidates
• Petitioner assails the BOC’s acts, stating that under OEC Sec 77
⁃ In the appreciation of votes, the votes for the substitute and the
substituted candidates cannot be consolidated and considered as
Irma’s
⁃ Hence, Pedro’s votes should be deemed stray votes
• Petitioner further claims that his pre-proclamation case filed with COMELEC
is not an adequate remedy to enjoin the Board from proclaiming Irma;
hence, the necessity of the present petition.

ISSUE:
Whether it was lawful for the City Board of Canvassers for the City of Manila
to add the votes garnered by deceased Pedro Alfonso to those of his
daughter, Irma Alfonso (SC did not answer as the petition was dismissed for
being premature)

RULING:
The Court is constrained to deny the petition.

The Constitution provides that the COMELEC shall exercise original

jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials. Further,
OEC states that the COMELEC has the exclusive jurisdiction over all pre-
proclamation controversies.

In this case, petitioner failed to show compelling reasons why the Court
should interfere with COMELEC’s jurisdiction as the petitioner even admitted
himself that he already filed a pre-proclamation case. The instant petition is
premature.