Chu vs Comelec
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G.R. No. 135423 November 29, 1999 JESUS L. CHU, petitioner, vs.THE COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF USON, MASBATE and SALVADORA O. SANCHEZ, respondents. FACTS: Petitioner Jesus L. Chu and private respondent Salvadora O. Sanchez (Sanchez) were candidates for municipal mayor of Uson, Masbate in the May 11, 1998 elections. While the election returns were being canvassed by the Municipal Board of Canvassers of Uson, Masbate (MBC), petitioner objected to the inclusion in the canvass of some of the election returns. Petitioner alleged that Sanchez, with the aid of armed men, entered into the polling places where the centralized counting was being conducted, and exerted undue influence and intimidation upon the board of election inspectors (BEI) who were then counting the votes and preparing the election returns. Thus, according to petitioner, the votes reflected in these returns are no longer reflective of the will of the electorate and should not be included in the canvass. MBC rejected petitioner's objections, finding that the affidavits submitted by petitioner were not sufficient to support his allegations that they were prepared under duress and giving more weight to the affidavits executed by the BEI. Petitioner appealed to the Comelec and on June 8, 1998, public respondent's Second Division denied petitioner's appeal and directed the MBC to reconvene and include in the canvass the 37 election returns and, thereafter, proclaim the winning candidate. ISSUE: Whether or not public respondent Comelec gravely abused its discretion amounting to lack or excess of jurisdiction HELD: No. The electoral irregularities enumerated by petitioner are not proper to a pre-proclamation controversy for so long as the election returns appear to be authentic and duly accomplished on their face, the other issues raised by petitioner have necessarily become moot and academic. Even assuming that petitioner had availed of the proper remedy, still the
description
election law
Transcript of Chu vs Comelec
G.R. No. 135423 November 29, 1999JESUS L. CHU, petitioner, vs.THE COMMISSION ON ELECTIONS, THE MUNICIPAL OAR! O" CAN#ASSERS O" USON, MASATE $%& SAL#A!ORA O. SANCHE', respondents.FACTS:Petitioner Jesus L. Chu and private respondent Salvadora O. Sanchez(Sanchez) ere candidates !or "unicipal "a#or o! $son, %as&ate in the %a#'', '(() elections. *hile the election returns ere &ein+ canvassed the%unicipal ,oard o! Canvassers o! $son, %as&ate (%,C), petitioner o&-ected tothe inclusion in the canvass o! so"e o! the election returns. Petitioner alle+edthat Sanchez, iththeaido! ar"ed"en, enteredintothepollin+placesherethecentralizedcountin+as&ein+conducted, ande.ertedunduein/uenceandinti"idationuponthe&oardo!electioninspectors(,01)hoere then countin+ thevotes and preparin+theelection returns. Thus,accordin+topetitioner, thevotesre/ectedinthesereturnsarenolon+erre/ectiveo! theill o! theelectorateandshouldnot &eincludedinthecanvass.%,C re-ected petitioner2s o&-ections, 3ndin+ that the a4davits su&"itted petitioner ere not su4cient to support his alle+ations that the# ereprepared under duress and +ivin+ "ore ei+ht to the a4davits e.ecuted the,01. Petitioner appealedtotheCo"elecandonJune), '((), pu&licrespondent2sSecond5ivisiondeniedpetitioner2s appeal anddirectedthe%,C to reconvene and include in the canvass the 67 election returns and,therea!ter, proclai" the innin+ candidate. 1SS$0:*hether or not pu&licrespondent Co"elec+ravel#a&useditsdiscretiona"ountin+ to lac8 or e.cess o! -urisdiction90L5::o.The electoral irre+ularities enu"erated petitioner are not proper to a pre;procla"ationcontrovers#!orsolon+astheelectionreturnsappearto&eauthenticanddul#acco"plishedontheir!ace, theotherissuesraisedpetitioner have necessaril# &eco"e "oot and acade"ic. 0ven assu"in+ thatpetitioner had availed o! the proper re"ed#, still the procla"ation o! Sanchez the %,C did not have to aait the resolution o! his "otion !orreconsideration the Co"elec en bancsince it as validl# "ade upon theauthorit# o! the order issued the Co"elec2s Second 5ivision, orderin+ the%,Ctoreconveneandincludethe67electionreturnsinthecanvassandtherea!ter, proclai"theinnin+candidate. 1nthis respect, our rulin+inCasimirovs.Comeleciss
