Digest: Baddiri v. Commission on Elections (459 SCRA 808, 2005)

Baddiri v. Commission on Elections (459 SCRA 808, 2005)

Facts: Petitioner Baddiri, private respondents Alkhadar T. Loong and Nijar Hassan were candidates for Board Member, Sangguniang Panlalawigan, First District of the Province of Sulu.

during the proceedings of the Provincial Board of Canvassers of Sulu, respondent Loong became aware of a manifest error of 2,000 excess votes in favor of petitioner Baddiri in the Certificate of Canvass of Votes for Local Positions for the Municipality of Patikul, Province of Sulu after tallying petitioner's votes based on the Statement of Votes. Baddiri was credited with 4,873 instead of 2,873 votes in said Certificate of Canvass.

To support Loong's stand, the Municipal Board of Canvassers of Patikul, Sulu, executed an Affidavit on May 17, 2004, which stated, among others:

3. That, in the preparation of Certificate of Canvass as supported by Statements of Votes per Precincts for the said municipality, the Board committed an honest ERROR in the total votes garnered by candidate Edil[wasif] Bad[d]iri for member of Sangguniang Panlalawigan of Sulu;

4. That, in the said Certificate of Canvass, the total votes indicated as garnered by said candidate is 4,783, but [in] the supporting five (5)-sheet Statements of Votes by Precincts, the total votes so garnered by said Edil[wasif] Bad[d]iri is only 2, 783.

On May 17, 2004, Loong filed a Petition for Correction of Manifest Error with the Provincial Board of Canvassers of Sulu. On May 18, 2004, Baddiri filed an Opposition.

On May 19, 2004, the Provincial Board of Canvassers of Sulu granted the Petition for Correction of Manifest Error in its Ruling, thus:

. . .

The board rules to grant the petition to correct manifest error considering that there is no proclamation yet and that this is allowed by the rules.

On the basis of the corrected Certificate of Canvass from the Municipality of Patikul, Sulu, respondent Loong placed third with 20,660 votes; Nijar Hassan placed fourth with 20,558 votes; while petitioner Baddiri placed sixth with 19,578 votes and would not make it to the four-member Board of the Sangguniang Panlalawigan, First District of the Province of Sulu

Petitioner filed an Appeal. Dismissed by the COMELEC.

Issue: Whether or not findings of the COMELEC is binding

Ruling: The factual finding of the COMELEC, which is supported by substantial evidence, is binding on the Court. The BOC may correct manifest errors committed under the circumstances enumerated in the law before proclamation of the winning candidate.