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    NAVARRO Vs COMELEC

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    Benedict Alvarez
    The petitioner Amelita Navarro sought to exclude 9 ballot boxes from the mayoralty election in Santiago City, Isabela, citing irregularities in the sealing and securing of the ballot boxes. The Board of Canvassers denied the petition. Navarro appealed to the COMELEC, which also denied the appeal and ordered the canvassing and proclamation to proceed. The issue was whether there was a pre-proclamation controversy warranting suspension of proclamation. The Supreme Court ruled that non-compliance with canvassing procedures is not an "illegal proceeding" that merits suspension of proclamation. A pre-proclamation controversy is limited to the face of the election returns, not investigation of alleged irregularities. Navarro's

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    NAVARRO Vs COMELEC

    Uploaded by

    Benedict Alvarez
    151 views1 page
    The petitioner Amelita Navarro sought to exclude 9 ballot boxes from the mayoralty election in Santiago City, Isabela, citing irregularities in the sealing and securing of the ballot boxes. The Board of Canvassers denied the petition. Navarro appealed to the COMELEC, which also denied the appeal and ordered the canvassing and proclamation to proceed. The issue was whether there was a pre-proclamation controversy warranting suspension of proclamation. The Supreme Court ruled that non-compliance with canvassing procedures is not an "illegal proceeding" that merits suspension of proclamation. A pre-proclamation controversy is limited to the face of the election returns, not investigation of alleged irregularities. Navarro's

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    The petitioner Amelita Navarro sought to exclude 9 ballot boxes from the mayoralty election in Santiago City, Isabela, citing irregularities in the sealing and securing of the ballot boxes. The Board of Canvassers denied the petition. Navarro appealed to the COMELEC, which also denied the appeal and ordered the canvassing and proclamation to proceed. The issue was whether there was a pre-proclamation controversy warranting suspension of proclamation. The Supreme Court ruled that non-compliance with canvassing procedures is not an "illegal proceeding" that merits suspension of proclamation. A pre-proclamation controversy is limited to the face of the election returns, not investigation of alleged irregularities. Navarro's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    151 views1 page

    NAVARRO Vs COMELEC

    Uploaded by

    Benedict Alvarez
    The petitioner Amelita Navarro sought to exclude 9 ballot boxes from the mayoralty election in Santiago City, Isabela, citing irregularities in the sealing and securing of the ballot boxes. The Board of Canvassers denied the petition. Navarro appealed to the COMELEC, which also denied the appeal and ordered the canvassing and proclamation to proceed. The issue was whether there was a pre-proclamation controversy warranting suspension of proclamation. The Supreme Court ruled that non-compliance with canvassing procedures is not an "illegal proceeding" that merits suspension of proclamation. A pre-proclamation controversy is limited to the face of the election returns, not investigation of alleged irregularities. Navarro's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    15. NAVARRO vs.

    COMELEC
    GR No. 150799; February 3, 2003

    FACTS: This is a petition for certiorari under Rule 65 seeking to set aside the COMELEC en
    banc resolution denying petitioner’s petition for exclusion of election returns. Both Amelita
    Navarro (petitioner) and Jose Miranda (private respondent) were mayoralty candidates of Santiago
    City, Isabela during the 2001 elections. The BOC convened and started canvassing the election
    returns when the lawyer of Navarro objected to conduct of canvass citing irregularities in the
    sealing of the envelops of the election returns and the absense of the padlocks in the ballot boxes.
    Navarro through counsel filed a petition before the BOC to exclude 9 ballot boxes due to the alleged
    irregularities in the sealing and securing the ballot boxes. The BOC denied the petition and so
    Navarro filed an appeal before the COMELEC. Pending appeal, the BOC suspended the proclamation
    of Miranda. COMELEC through its resolution denied the appeal and ordered the BOC to complete
    the canvass of the ERs as well as proclaim the winners of the elections. Hence, the petition for
    certiorari.

    ISSUE: Whether or not there is a pre-proclamation controversy that warrants the suspension of the
    proclamation of winners.

    RULING: NO. Non-compliance by a BOC of the prescribed canvassing procedure is not an


    “illegal proceeding” under paragraph (a) of Section 243 of the Omnibus Election Code, given
    the summary nature of a pre-proclamation controversy, consistent with the law’s desire that the
    canvass and proclamation be delayed as little as possible. A preproclamation controversy is
    limited to an examination of the election returns on their face and the COMELEC as a general
    rule need not go beyond the face of the returns and investigate the alleged election
    irregularities.
    “Section 20.  Procedure in Disposition of Contested Election Returns.—
    (i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the
    Commission after the latter has ruled on the objections brought to it on appeal by the losing party.
    Any proclamation in violation hereof shall be void ab initio, unless the contested returns will not
    adversely affect the results of the election.,”

    As correctly ruled by the COMELEC, petitioner’s reliance on said Section is misplaced. The
    Section applies only where the objection deals with a pre-proclamation controversy, not
    where, as in the present petition, it raises or deals with no such controversy.

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