[LOREN B. LEGARDA vs. NOLI L. DE CASTRO. P.E.T. Case No. 003. January 18, 2008.

Quisumbing, J.]

FACTS
On June 23, 2004, Congress sitting as the National Board of Canvassers (NBC) proclaimed protestee Noli L. de
Castro the duly elected Vice-President of the Republic of the Philippines.

On July 23, 2004, the protestant filed this protest with this Tribunal praying for the annulment of the
protestee's proclamation as the duly elected Vice-President of the Republic of the Philippines.

The protest has two main parts. The First Aspect originally covered all the erroneous, and falsified results.
The Second Aspect required revision of ballots in 124,404 precincts specified in the protest.

It is the protestant herself who admits that she was able to adduce evidence only in Taraka and Balindong,
for lack of time. The protestant has been afforded ample opportunity to adduce evidence in her behalf for
the First Aspect of the protest but the evidence presented is simply insufficient to convince the Tribunal.

ISSUE
1. Are the number of votes correct in which that the process of correcting the manifest errors in the
certificates of canvass or election returns is a function of the canvassing bodies?
2. Whether or not the authority of the Tribunal to exercise of judicial power in determining the facts based
on the evidence presented and its application to the law based on the established facts also covers the
performance of the ministerial function of canvassing election returns.

RULING
On the matter of sufficiency of the protest, protestee failed to adduce new substantial arguments to reverse
our ruling. In the instant protest, protestant enumerated all the provinces, municipalities and cities where
she questions all the results in all the precincts therein. The protest here is sufficient in form and
substantively, serious enough on its face to pose a challenge to protestee's title to his office. In our view, the
instant protest consists of alleged ultimate facts, not mere conclusions of law, that need to be proven in due
time.
The protest is only sufficient for the Tribunal to proceed and give the protestant the opportunity to prove her
case pursuant to Rule 61 of the PET Rules. Although said rule only pertains to revision of ballots, nothing
herein prevents the Tribunal from allowing or including the correction of manifest errors, pursuant to the
Tribunal's rule-making power under Section 4, Article VII of the Constitution.

The court DISMISSES the First Aspect of the protest for lack of legal and factual basis, as the pilot-tested
revision of ballots or re-tabulation of the certificates of canvass would not affect the winning margin of the
protestee in the final canvass of the returns, in addition to the ground of abandonment or withdrawal by
reason of protestant's candidacy for, election to and assumption of the office of Senator of the Philippines.
The Second Aspect, having been already DISMISSED, pursuant to Rule 33 of this Tribunal, the entire Protest is
now deemed DISMISSED and TERMINATED. SO ORDERED.