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placing them in other ballot boxes, taking such other precautionary measures as may be necessary to preserve such documents. SECTION 220. Documents and articles omitted or erroneously placed inside the ballot box. — If after the delivery of the keys of the ballot box to the proper authorities, the board of election inspectors shall discover that some documents or articles required to be placed in the ballot box were not placed therein, the board of election inspectors, instead of opening the ballot box in order to place therein said documents or articles, shall deliver the same to the Commission or its duly authorized representatives. In no instance shall the ballot box be reopened to place therein or take out therefrom any document or article except to retrieve copies of the election returns which will be needed in any canvass and in such excepted instances, the members of the board of election inspectors and watchers of the candidates shall be notified of the time and place of the opening of said ballot box: Provided, however, That if there are other copies of the election returns outside of the ballot box which can be used in canvass, such copies of the election returns shall be used in said canvass and the opening of the ballot box to retrieve copies of the election returns placed therein shall then be dispensed with. Additional safeguards were provided for in Comelec Resolution No. 6667 (General Instructions for the Boards of Election Inspectors on the Casting and Counting of Votes in Connection with the May 10, 2004 National and Local Elections) which laid down the following directives: Section 50. Disposition of ballot boxes, keys, election returns and other documents. - Upon the termination of the counting of votes and the announcement of the results of the election in the precinct, the BEI shall: a. Place the following documents inside the compartment of the ballot box for valid ballots. 1. Envelope containing used/counted official ballots; 2. Envelope containing excess/marked/spoiled/half of torn unused official ballots; 3. Envelope containing the copy of the election returns for the ballot box; 4. Envelope containing one copy of the Minutes of Voting and Counting of Votes (copy for the ballot box); 5. Tally Board; and 6. Stubs of used pads of official ballots. b. Close the inner compartments of the ballot box, lock them with one (1) self-locking fixedlength seal and then lock the outer cover with the (3) padlocks and one (1) self-locking fixedlength seal. The three keys to the padlocks shall be placed in separate envelopes which shall be sealed and signed by all members of the BEI; c. Deliver the ballot box to the city or municipal treasurer. In case the ballot box delivered by the BEI was not locked and/or sealed, the treasurer shall lock and/or seal the ballot box. The treasurer shall include such fact, including the serial number of the self-locking fixed-length seal used, in his report to the Commission; d. Deliver to the Election Officer:

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Domingo v. Commission on Elections

Judgment

Question Presented: Whether there was sufficient evidence to conclude that the incumbent mayor prodded potential Board of Election Inspectors for the City?

Alleged Acts: The petitioner, Ernesto Domingo, Jr. and Benjamin Abalos, Jr. served a mayoral candidates for Mandaluyong City. The petitioner filed this action because Abalos, Jr. allegedly prodded the incumbent mayor Abalos, Sr. to give substantial allowances to public school teachers that were appointed as chairpersons to the Board of Election Inspectors for the City. Specifically, the incumbent mayor would provide the school teachers with hazard pay, food allowances, and additional allowances. The petitioner alleged that these payments clearly demonstrated Abalos, Jr.’s influence over his father. The petitioner submitted a video tape of a speech from the incumbent mayor, three public school teacher affidavits, and a steamer.

Procedural history: The petitioner alleges that Abalos, Jr. violated Section 68 of the Omnibus Election Code. The Election Comission (COMELEC) dismissed these claims and admonished the petitioner for making false claims. On reconsideration, these findings were again affirmed. The petitioner alleges that the complaint was improperly dismissed because it was dismissed for lack of evidence where there was no hearing on the merits of the case.

Summary: The court determined that there was no violation of the right to due process because, precedent indicated that this merely meant the right to be heard through verbal arguments, pleadings, or similar nature. Further, the court looked to the evidence presented by the petitioner and stated that the affidavits failed to provide any evidence of knowledge on the part of Abalos, Jr., the streamer indicated a co-sponsored event was common, and that the video tape modified the nature of the speech to as to cut out the incumbent’s mayor mentioning on of another individual, not Abalos, Jr.

Conclusion: The court dismissed the petition for insufficient evidence and lack of merit. This decision affirmed the election the mayor of Mandaluyong City.

Legal Issue(s)

Civil Procedure
Electoral Integrity
EMB Independence
EMB Operation

Region: Asia-Pacific

Country: Phillippines

Language of Decision

English

Court: Trial Court

Election Type: Local

Date of decision: Dec 1, 1998

Geolocation

Latitude: 14.58001497

Longitude: 120.865012

: Geolocation

Primary Documents

Domingo v. Commission on Elections.pdf
English
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Election Judgments - IFES

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Domingo v. Commission on Elections

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