Salic vs. COMELEC

An election return bearing a different serial number from that assigned to the polling place, or containing varying serial numbers across its pages, must be excluded from the canvass and subjected to a recount pursuant to Section 235 of the Omnibus Election Code, as the variance demolishes the presumption of regularity and raises a presumption that the returns are manufactured. Furthermore, a proclamation made by an illegally constituted board of canvassers is void ab initio, and jurisdiction over a party is acquired through voluntary submission when said party files a motion seeking affirmative relief from the tribunal.

During the 2001 local elections in Butig, Lanao del Sur, the Municipal Board of Canvassers (MBC) fractured into two factions due to a dispute over who was the lawful Third Member. The most senior district school supervisor had inhibited himself. One faction, the Macabayao-Mimbantas board, proclaimed Rasmia Salic as mayor and Pauli Ditual as vice-mayor, excluding returns from four precincts. The other faction, the Palawan-Magarang board, proclaimed Dimnatang Pansar as mayor using all forty precincts but failed to proclaim a vice-mayor. Both boards issued conflicting Certificates of Canvass and Proclamation.

• MBC Composition Dispute: The parties agreed on the Chairman (Macabayao) and Vice-Chairman (Palawan) but disputed the Third Member. Petitioners claimed it was Mimbantas; respondents claimed it was Magarang. The most senior district school supervisor had inhibited, necessitating a substitute.
• Macabayao-Mimbantas Proclamation: On June 10, 2001, this board proclaimed Salic as mayor and Ditual as vice-mayor based on 36 of 40 precincts. It excluded returns from Precincts 1A/2A, 7A/8A, 9A/10A, and 11A/12A for having "false and obviously manufactured" returns (varying serial numbers, soaked ballots). The Statement of Votes (SOV) used contained erasures and superimpositions indicating tampering.
• Palawan-Magarang Proclamation: On June 17, 2001, this board proclaimed Pansar as mayor based on all 40 precincts, including the four excluded by the rival board. However, it failed to proclaim a vice-mayor and crossed out the votes for vice-mayoral candidates in the SOV, tabulating Ditual's votes in only half the precincts.
• Ad Hoc Committee Findings: The COMELEC committee found that Mimbantas was merely an Elementary Public School Teacher I, not a principal, while Magarang was the Acting Principal of Nanagun National High School and had been explicitly directed by the district supervisor to sit on the MBC.

• Salic - Grave Abuse of Discretion: The COMELEC committed grave abuse of discretion in annulling her proclamation and ordering a recount instead of outright exclusion.
• Salic - Exclusion of Precinct 11A/12A: The returns from Precinct 11A/12A should also be excluded due to BEI participation in illegal substitute voting and soaked ballots.
• Ditual - Lack of Jurisdiction: The COMELEC lacked jurisdiction to annul her proclamation because she was not a party to SPC No. 01-337, and Kiram's motion to intervene had not yet been granted.
• Ditual - Denial of Due Process: Her rights to due process and equal protection were violated because she was not summoned to answer the petition-in-intervention.

• Pansar - Inclusion of Returns: The returns from the contested precincts should not be excluded, though a recount is the most definitive mode of ascertaining the true results.
• COMELEC - Mandatory Exclusion: Under Section 212 of the Omnibus Election Code, returns with varying serial numbers must be excluded because the variance demolishes the presumption of regularity and creates a presumption that the returns are manufactured.

• Validity of MBC Composition: Whether the Macabayao-Mimbantas board was legally constituted and its proclamation valid.
• Exclusion of Election Returns: Whether the COMELEC committed grave abuse of discretion in excluding the returns from Precincts 1A/2A, 7A/8A, and 9A/10A and ordering a recount.
• Exclusion of Precinct 11A/12A: Whether the returns from Precinct 11A/12A should have been excluded based on alleged BEI irregularities.
• Jurisdiction over Ditual: Whether the COMELEC acquired jurisdiction over Ditual despite her not being originally served with summons in SPC No. 01-337.

• Validity of MBC Composition: The Macabayao-Mimbantas board was illegally constituted. Under Section 20 of Republic Act No. 6646, the substitute Third Member must be a principal of the school district or elementary school. Mimbantas was only a Public School Teacher I and thus statutorily disqualified. The Macabayao-Mimbantas proclamation is void.
• Exclusion of Election Returns: The exclusion of returns from Precincts 1A/2A, 7A/8A, and 9A/10A was proper. Section 212 of the Omnibus Election Code mandates that returns with varying serial numbers on their pages shall not be canvassed, as this variance destroys the presumption of regularity and indicates the returns are manufactured. A recount of the ballots is the proper remedy under Section 235 when submitted returns appear falsified.
• Exclusion of Precinct 11A/12A: The COMELEC did not commit grave abuse in refusing to exclude these returns. The evidence presented (uncertified certifications) lacked probative value; as public documents, they required authentication by the legal custodian, and as private documents, they required proof of due execution. There was no "unrebutted clear and convincing evidence" of BEI participation in fraud.
• Jurisdiction over Ditual: Jurisdiction over Ditual was validly acquired. By filing a Motion with Leave of Court to Admit Answer to the Petition for Intervention, Ditual voluntarily submitted to the COMELEC's jurisdiction. Furthermore, her claim to the vice-mayoralty derived from the void Macabayao-Mimbantas proclamation, providing an independent basis for annulment.

• Qualifications of MBC Members — The law strictly prescribes the qualifications for appointment to the Municipal Board of Canvassers; if the law prescribes qualifications for a public office, the appointee must possess such statutory qualifications to make the appointment valid. Under RA 6646, the Third Member must be the most senior district school supervisor or, in their absence, a principal of the school district or elementary school, not an ordinary teacher.
• Exclusion of Returns with Varying Serial Numbers — Any election return bearing a serial number different from that assigned to the precinct, or containing varying serial numbers across its pages, must be excluded from the canvass. This variance demolishes the presumption of regularity and raises a presumption that the return is manufactured, unless the COMELEC orders its canvassing in writing stating the reason for the variance.
• Voluntary Submission to Jurisdiction — Jurisdiction over the person may be waived either expressly or impliedly. A party who files a motion seeking affirmative relief from a tribunal places themselves under that tribunal's jurisdiction and is estopped from claiming lack thereof.
• Evidentiary Value of Public Documents — Public documents do not constitute prima facie evidence of the facts stated therein unless evidenced by an official publication or a copy attested by the officer having legal custody. Uncertified documents must be treated as private documents requiring proof of due execution and genuineness.

• "Any election return with a separately printed serial number or which bears a different serial number from that assigned to the particular polling place concerned shall not be canvassed... unless the Commission shall order in writing for its canvassing, stating the reason for the variance in serial numbers." — Quoting Section 212 of the Omnibus Election Code, establishing the mandatory exclusion of returns with varying serial numbers.
• "Where the law outrightly and explicitly DIRECTS the board of canvassers to EXCLUDE election returns when the serial number appearing in the election return is different from that assigned to the precinct concerned, and necessarily, when there is a variance in the serial numbers of the pages of one set of election returns, the presumption of regularity in the due execution and preparation of the election return is entirely demolished, such that the reverse is the evidentiary norm, i.e., said election returns are presumed MANUFACTURED and therefore treated as falsified documents unless proven otherwise..." — Explaining the rationale behind the rule on varying serial numbers.
• "If the law prescribes qualifications for appointment to a public office, the appointee must possess such statutory qualifications to make the appointment valid." — Reiterating the rule on statutory qualifications for public office.
• "In filing a Motion With Leave of Court (sic) To Admit Answer on the Petition for Intervention... Ditual placed herself under the COMELEC's jurisdiction... The filing of the motion evinces Ditual's clear intention to submit himself to the jurisdiction of the COMELEC. Now, she is estopped from claiming otherwise." — Applying the doctrine of voluntary submission to jurisdiction.

• Imbong v. Ferrer, 146 Phil. 30 (1970) — Cited for the rule that if the law prescribes qualifications for appointment to a public office, the appointee must possess such statutory qualifications to make the appointment valid.
• Matugas v. COMELEC, G.R. No. 151944 (2004) — Cited in relation to the rule that public documents do not constitute prima facie evidence of the facts therein unless attested by the officer having legal custody.
• Bashier v. COMELEC, 150 Phil. 271 (1972) — Provided the standard that there must be "unrebutted clear and convincing evidence" before the COMELEC that serious defects amounting to falsification could not have happened without the active participation of the inspectors to justify excluding returns based on BEI fraud.
• La Naval Drug Corp. v. Court of Appeals, G.R. No. 103200 (1994) — Cited for the principle that jurisdiction over the person may be waived either expressly or impliedly.
• Aguam v. COMELEC, 132 Phil. 353 (1968) — Cited for the doctrine that where a proclamation is null and void, it is no proclamation at all.
• Olano v. Ronquillo, 118 Phil. 205 (1963) — Cited for the principle that the proclamation of winning candidates is a ministerial duty of the board of canvassers.

• Section 20, Republic Act No. 6646 — Delineates the composition of the Municipal Board of Canvassers, prescribing that the Third Member must be the most senior district school supervisor or, in their absence, a principal of the school district or elementary school. Applied to disqualify Mimbantas, who was only a teacher.
• Section 212, Omnibus Election Code — Mandates the exclusion of election returns with varying or unassigned serial numbers from the canvass. Applied to exclude returns from Precincts 1A/2A, 7A/8A, and 9A/10A.
• Section 235, Omnibus Election Code — Prescribes the procedure when election returns appear tampered with or falsified, directing the use of other copies or a recount of ballots. Applied to authorize the new MBC to use ballot box copies or conduct a recount for the contested precincts.
• Sections 19, 20, 23, 24, Rule 132, Revised Rules of Court — Govern the proof of public and private documents. Applied to deny probative value to the unauthenticated certifications submitted to prove BEI fraud in Precinct 11A/12A.

Davide, Jr., C.J., Vitug, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and Azcuna, JJ.