Benwaren vs. Commission on Elections

A proclamation based on uncontested election returns is valid if the contested returns will not adversely affect the results of the election, and a collegial body's resolution remains valid despite the inclusion of signatures from members who vacated their offices prior to promulgation, provided the resolution still commands the concurrence of a majority of the remaining sitting members.

Tony L. Benwaren and Edwin Crisologo were rival candidates for Municipal Mayor of Tineg, Abra in the May 2004 elections. Of the 16 precincts that functioned, the Municipal Board of Canvassers (MBC) canvassed 14 election returns. The returns from Precincts 8A and 16A were contested and became the subject of pre-proclamation controversies. The MBC excluded the Precinct 16A return due to facial irregularities—absence of BEI names, signatures, thumbmarks, a missing copy for national positions, and the inability to locate the BEIs—and deferred the mayoralty proclamation, citing the material effect of the excluded return.

• The Exclusion of Precinct 16A: During the canvass, counsel for Benwaren objected to the inclusion of the Precinct 16A election return, alleging it was prepared under duress, tampered with, and falsified. The MBC excluded the return, noting the absence of BEI names, signatures, thumbmarks, a missing copy for national positions, and the inability to locate the BEIs.
• The COMELEC Order and New MBC Ruling: To settle the controversy, the COMELEC First Division constituted a New MBC with specific directives: retrieve authentic copies or the ballot box, determine the identity and integrity of the box and ballots, recount if integrity was preserved, or proclaim based on uncontested returns if integrity was compromised. Upon convening, the New MBC found the ballot box left unattended in a lobby instead of with the Municipal Treasurer, and the ballots unsealed and not in their proper envelope. Accordingly, the New MBC proclaimed Crisologo based on the 14 uncontested returns.
• The Status of Precinct 8A: Benwaren's counsel moved to tabulate the Precinct 8A return, but the New MBC denied the motion due to a pending pre-proclamation case for its exclusion filed by Crisologo. The votes from Precinct 8A were recorded in a Temporary Statement of Votes.
• The Vote Margins: Excluding the two contested precincts, Benwaren garnered 807 votes while Crisologo had 914. Adding the votes from the contested Precinct 8A return, Benwaren's tally rose to 918, but Crisologo still led with 924 votes—a margin of six votes.

• Integrity of Ballot Box: Petitioner argued that the COMELEC gravely abused its discretion in affirming the New MBC's finding that the integrity of the Precinct 16A ballot box and ballots was violated. He maintained that the grounds cited— the box being left unattended in a lobby and the ballots being unsealed and out of their proper envelope—were insufficient to conclude that the integrity was compromised and to exclude the return.
• Incomplete Canvass: Petitioner contended that Crisologo's proclamation was void for being based on an incomplete canvass. He asserted that the New MBC hastily proclaimed Crisologo despite a pending petition regarding Precinct 8A, whose votes, alongside those from Precinct 16A, would materially affect the result.
• Validity of COMELEC En Banc Resolution: Petitioner asserted that the COMELEC en banc Resolution dated August 31, 2005, was null and void because Commissioners Virgilio O. Garcillano and Manuel A. Barcelona, Jr., who participated in the resolution, were no longer members of the COMELEC at the time of promulgation, their ad interim appointments having been bypassed.

• Pending Appeal on Precinct 8A: Private respondent Crisologo claimed that the ruling on the election return of Precinct No. 8A was pending appeal before the COMELEC, implying the MBC had denied his petition to exclude it.
• Validity of COMELEC Resolution: Crisologo countered that the participation of former Commissioners Garcillano and Barcelona did not invalidate the resolution because four other Commissioners and the Chairman concurred with the ponencia. He added that the sitting members rendered a unanimous decision, as no other commissioners had been appointed at the time.

• Integrity of Ballot Box: Whether the COMELEC gravely abused its discretion in upholding the New MBC's factual finding that the integrity of the Precinct 16A ballot box and ballots was violated.
• Validity of Proclamation: Whether the proclamation of Crisologo was void for being based on an incomplete canvass that excluded the contested return of Precinct 8A.
• Validity of COMELEC Resolution: Whether the COMELEC en banc resolution was void due to the participation of commissioners who had vacated their offices prior to promulgation.

• Integrity of Ballot Box: No grave abuse of discretion was committed. The COMELEC First Division specifically mandated the New MBC to determine the integrity of the ballot box and its contents. The New MBC's factual findings are binding and conclusive, the presumption of regularity in the performance of official duty having been applied absent strong proof to the contrary.
• Validity of Proclamation: The proclamation was valid. Pursuant to Section 20(i) of Republic Act No. 7166, a proclamation made despite pending objections is not void ab initio if the contested returns will not adversely affect the results of the election. Mathematical computation showed Crisologo still won by six votes even if the contested Precinct 8A returns were added. Because it was Crisologo who contested the Precinct 8A return, Benwaren could not claim more votes than what was reflected therein, rendering the issue of its inclusion or exclusion moot and academic.
• Validity of COMELEC Resolution: The resolution remained valid. A decision becomes binding only after valid promulgation; thus, if a member of a collegiate court who signed a decision vacates office before promulgation, their vote is automatically withdrawn or cancelled. Because the resolution was still supported by a majority of the remaining COMELEC members, its validity was upheld.

• Presumption of Regularity in the Performance of Official Duty — Administrative agencies are presumed to have regularly performed their official duties absent strong proof to the contrary. The factual findings of administrative agencies that have acquired expertise in their field are generally binding and conclusive on the courts in the absence of grave abuse.
• Effect of Vacated Office on Collegial Decisions — A decision becomes binding only after it is validly promulgated. If a member of a collegiate court who had earlier signed or registered a vote vacates office before promulgation, that vote is automatically withdrawn or cancelled. The decision remains valid if it still commands the concurrence of the required majority of the remaining members.

• "A decision becomes binding only after it is validly promulgated. Consequently, if at the time of the promulgation of a decision or resolution, a member of the collegiate court who had earlier signed or registered his vote has vacated his office, his vote is automatically withdrawn or cancelled."

• Jamil v. Commission on Elections, G.R. No. 123648, December 15, 1997 — Followed. Established the doctrine that a vote of a collegiate court member who vacates office prior to the valid promulgation of a decision is automatically withdrawn or cancelled.

• Section 20(i), Republic Act No. 7166 — Provides that the Board of Canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on an appeal by the losing party, and that any proclamation made in violation thereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election. Applied to sustain Crisologo's proclamation despite the pending pre-proclamation controversy over Precinct 8A.
• Section 235, Omnibus Election Code — Lays down the procedure for settling controversies regarding the retrieval and canvassing of election returns. Referenced as the procedural basis for the COMELEC First Division's directive to the New MBC.

Panganiban (C.J.), Puno, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio Morales, Callejo, Sr., Tinga, Chico-Nazario, Garcia, Velasco, Jr.