The Supreme Court, in this case, affirmed the Commission on Elections’ (Comelec) power to annul proclamations made without completing the canvass of all election returns. The Court emphasized that an incomplete canvass undermines the integrity of elections by disenfranchising voters. Proclamations made before the Comelec authorizes them, especially when contested returns could alter the election results, are considered void ab initio. This ruling underscores the importance of procedural compliance and ensuring that every vote is counted to uphold the true will of the electorate. For those running for office or voters concerned with election integrity, this case reinforces the principle that premature or unauthorized proclamations carry no legal weight and can be overturned to ensure a fair and accurate election outcome.

The Case of the Excluded Returns: Can a Premature Proclamation Stand?

This case arose from the May 2001 mayoral election in Sultan sa Barongis, Maguindanao, where Abdulkarim D. Utto and Datu Almansa B. Angas were candidates. During the canvassing process, the municipal board of canvassers excluded five election returns due to various irregularities. Despite respondent Angas’s objection and attempt to file a notice of appeal, the board proceeded to proclaim petitioner Utto as the duly elected mayor. Angas then appealed to the Comelec, arguing that the exclusion of the returns was unjustified and that Utto’s proclamation was illegal because the board had knowledge of the pending appeal, and was made absent authorization from Comelec, and as such violated election laws and Comelec resolutions designed to protect the sanctity of the vote. The Comelec sided with Angas, directing the inclusion of the excluded returns and annulling Utto’s proclamation. This decision was upheld by the Comelec en banc, leading Utto to seek relief from the Supreme Court.

At the heart of this dispute lies the interpretation and application of election laws and Comelec resolutions concerning the disposition of contested election returns. Specifically, Section 20(i) of Republic Act No. 7166 and Section 38(9) of Comelec Resolution No. 3848 mandate that a board of canvassers cannot proclaim any candidate as the winner unless authorized by the Comelec after the latter has ruled on any objections brought on appeal by the losing party. Any proclamation made in violation of this provision is considered void ab initio, unless the contested returns would not adversely affect the results of the election. Petitioner Utto argued that his right to due process was violated because he was not properly notified of the proceedings before the Comelec and that his proclamation could not be annulled without prior notice and hearing. Utto invoked the doctrine laid down in Velayo v. Comelec, asserting that prior notice and hearing are indispensable requirements for annulling a proclamation.

The Supreme Court, however, found Utto’s arguments unpersuasive, highlighting that the Comelec presented substantial evidence showing that Utto was indeed notified of the appeal and annulment proceedings. Crucially, the Court emphasized that the factual circumstances in Utto’s case differed significantly from those in Velayo. The court noted that in administrative proceedings, due process simply requires the opportunity to be heard, explain one’s side, or seek reconsideration of the action or ruling. The essence of due process is not necessarily a full-blown trial but a fair opportunity to present one’s case.

Building on this principle, the Supreme Court stressed the significance of following Comelec Resolution No. 3848’s procedure for dealing with contested election returns. That Comelec Resolution, citing the mandate of Section 20 (i) of Republic Act No. 7166, explicitly prohibits the board of canvassers from proclaiming any candidate as the winner absent Comelec’s authorization and prior ruling on the losing party’s appeal. The intention of the law is that all efforts should be strained to prevent illegal or fraudulent proclamation from ripening into illegal assumption of office.

The Supreme Court reiterated that an incomplete canvass of votes is inherently illegal and cannot serve as the basis for a valid proclamation. A canvass that disregards election returns effectively disenfranchises the voters in the excluded precincts. As such, the Comelec acted within its authority when it convened a new board of canvassers, directed the inclusion of the uncanvassed election returns, and subsequently proclaimed the winning candidate for mayor and other municipal officials.

The Court reinforced the well-established principle that the Comelec possesses the authority to annul any canvass and proclamation that has been illegally made, even if the candidate illegally proclaimed has already assumed office. Moreover, the ordinary recourse of an aggrieved party after proclamation is an election protest; however, this remedy presupposes a valid proclamation. Where the proclamation is null and void ab initio, the proclaimed candidate’s assumption of office cannot deprive the Comelec of its power to declare such proclamation a nullity.

FAQs

What was the key issue in this case?	The key issue was whether the Comelec has the authority to annul a proclamation made by a municipal board of canvassers that failed to include all election returns in the canvass and acted without Comelec authorization in the face of a losing candidate’s clear intent to appeal the result.
What does “void ab initio” mean?	“Void ab initio” means void from the beginning, as if it never had any legal effect. In this case, the premature proclamation was considered legally non-existent from the moment it was made.
Why were some election returns initially excluded?	The municipal board of canvassers excluded some election returns based on alleged irregularities such as missing outer seals, tampered data, and absence of required signatures.
What is the significance of Section 20(i) of Republic Act No. 7166?	Section 20(i) prohibits the board of canvassers from proclaiming any candidate as the winner unless authorized by the Comelec after it has ruled on any objections brought on appeal by the losing party. It sets a strict procedure that prioritizes the integrity of the vote above expediency.
What was the petitioner’s main argument?	The petitioner argued that his right to due process was violated because he was not properly notified of the proceedings before the Comelec and that his proclamation could not be annulled without notice and hearing.
How did the Court address the due process argument?	The Court found that the petitioner was indeed notified of the proceedings, and that due process in administrative cases only requires the opportunity to be heard or to seek reconsideration, which the petitioner had.
Can an illegally proclaimed candidate assume office?	Even if a candidate illegally proclaimed assumes office, the Comelec still has the power to declare the proclamation a nullity because the act has no force to begin with, and in order to protect the sanctity of the electoral process.
What happens after a proclamation is annulled?	After a proclamation is annulled, the Comelec may convene a new board of canvassers to include the previously excluded election returns, canvass the votes, and proclaim the rightful winner based on the complete results.
Does this ruling apply to all election-related disputes?	This ruling applies specifically to situations where the board of canvassers fails to include all election returns, acts without Comelec authorization, and proceeds with a proclamation despite objections from the losing party, violating prescribed procedures and legal safeguards.

In conclusion, this case underscores the importance of strict compliance with election laws and Comelec resolutions to safeguard the integrity of the electoral process. The Supreme Court’s decision affirms the Comelec’s authority to annul proclamations made in violation of established procedures, reinforcing the principle that the true will of the electorate must prevail. The result of this case also reminds officials that it is prudent to ensure authorization to announce, and premature proclamations can be rendered moot, and thus subject them to potential legal liabilities.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Abdulakarim D. Utto vs. COMELEC, G.R. No. 150111, January 31, 2002