Sophia Cadiz Topic: The Commission on Elections

16-4006 Case No. : 02

LUCAS CAUTON VS COMELEC AND PABLO SANIDAD; 27 April 1967; No. L-25467; Zaldivar, J.

 Upon finding discrepancies in the election returns, Sanidad filed a petition to open the ballot
boxes before COMELEC; since there is no uniformity of number of votes in the copies of
election returns given to the provincial treasurer, COMELEC, et al., the petition was granted;
 Petitioner Cauton contends that COMELEC acted without jurisdiction as per Sec. 157 of REC;
 The SC held that since all other copies outside the ballot box were altered and tampered, the
COMELEC has the power to order the opening of the ballot boxes in order that the true
number of votes for a candidate be known

FACTS:

Petitioner Cauton and private respondent Sanidad are candidates for Representative of the 2nd
congressional district of Ilocos Sur. During canvass, Sanidad reported to the Provincial Board of
Canvassers that the election returns from Candon, Santiago and Sta Cruz precincts presented by the
provincial treasurer is different from the copy of returns held by the Liberal Party;

Sanidad filed a petition before COMELEC for the opening of the ballot boxes from the said precincts.
After investigation, COMELEC clearly established that the copies of election returns given to the
Municipal Treasurer, COMELEC and Provincial Treasurer for the 3 precincts were all altered and
contained different numbers of votes as compared to the Liberal Party copies. Thus, the petition to
open the ballot boxes was granted.

Thereafter, petitioner Cauton filed a petition for certiorari and prohibition with preliminary
injunction before this Court praying for COMELEC’s order to open the boxes be annulled because
COMELEC acted in excess of its jurisdiction.

Cauton argues that under Sec. 157 of the Revised Election Code, COMELEC has authority to order the
opening of ballot boxes for the to aid in prosecution of election laws violation or for purely
administrative purposes only and not when the purpose is to assist a party in trying to win the
election.

ISSUE: Whether COMELEC has authority to open the ballot boxes to establish whether there is
discrepancy between the election returns contained therein and the copies submitted by the
provincial treasurer

RULING: YES. COMELEC possesses such authority.

The election law required the board of inspectors to prepare 4 copies of the election return in each
precinct – one to be deposited in the ballot box; one to be delivered to the municipal treasurer; one
to be sent to the provincial treasurer and one to be sent to COMELEC. Meanwhile, the canvass of votes
done by the provincial board of canvassers is based on the election returns from the provincial
treasurer.

In this case, COMELEC investigated and found that the number of votes in all three copies of election
returns (apart from those deposited in the ballot box) do not correspond with each other. As such, it
is duty bound to take the necessary steps in order that the proper basis for the canvass is obtained.
How can it then determine which one is the true and untampered election return? The only copy left
to be checked and the copy least susceptible to be tampered with is the one inside the ballot box.

The SC ruled that COMELEC exercises supervisory and administrative power by securing the canvass
of the true results of the elections as certified by the boards of election inspectors in every precinct.
In order that the result of the canvass reflect the true expression of the people’s will, the canvass
must be based on true, genuine, correct, untampered, election returns.

Therefore, since it is within COMELEC’s power to open and ascertain the condition of the election
returns inside the ballot boxes.

DOCTRINES:

 COMELEC has the power to decide all administrative questions affecting

elections except those involving the right to vote. It also has the power to
investigate and act on the propriety or legality of the election returns
made by the board of canvassers.

 Ballot boxes may be opened in the following cases: when there is an

election contest; when their contents have to be used as evidence in the
prosecution of election frauds; and when they are subject of any official
investigation ordered by a competent authority such as COMELEC.