Benwaren vs Comelec, Election Law Digest

September 2, 2008

G.R. No. 169393TONY L. BENWAREN vs COMMISSION ON ELECTIONS and EDWIN CRISOLOGO,                                

AZCUNA, J.:

Facts:

Petitioner Tony L. Benwaren and private respondent Edwin Crisologo were candidates for the position of Municipal Mayor of the Municipality of Tineg, Abra in the May 2004 elections.

During the canvass of the election return of Precinct No. 16A, counsel for petitioner objected to the inclusion of the election return on the ground that the same was allegedly prepared under duress, force or intimidation,  or was prepared by persons other than the Board of Election Inspectors (BEI) concerned.

The MBC deferred the proclamation of the winning candidate for the position of Municipal Mayor because it contended that the contested election return from Precinct No. 16A would affect the result of the election for the position.  To speedily settle and put an end to the controversy reconstitution of the MBC with new members, to, among others, determine if the identity and integrity of the said ballot box and the ballots  contained therein were not violated; and, proceed to recount the votes of the candidates affected and prepare a new election return for the  said precinct; and then canvass the said return and proclaim the winning candidate/s; or

During the examination of the election return, the MBC found that the integrity of the ballot box was violated as it was left unattended and was never delivered to its proper custodian.  The ballots were not also placed in properly sealed or placed in enveloped prepared by Comelec.

The New MBC proclaimed private respondent Crisologo as the duly elected mayor of Tineg, Abra based on the results of the remaining uncontested election returns.

Due to the unfavorable result, Benwaren filed a Petition to Annul Proclamation or to Suspend the Effects Thereof and Petition to Declare Illegal [the] Proceedings of the New Board of Canvassers of Tineg, Abra.

In a Resolution dated February 18, 2005, the COMELEC First Division dismissed the petition for lack of merit, declaring the New MBC was specifically mandated by it to determine whether the identity and integrity of the ballot box for Precinct No. 16A and its ballots were violated.  Thus, it held that the matter was left to the sound discretion of the members of the New MBC, which complied with its order.  It added that the New MBC is presumed to have regularly performed its official duty absent a strong proof to the contrary by petitioner.

Petitioner filed a a petition for certiorari before the Supreme Court.
 
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