Digest: Bocobo v. Commission on Elections (191 SCRA 576, 1990)

Facts: Petitioner Daniel T. Bocobo and private respondent Luisito M. Reyes were candidates for Governor in the Province of Marinduque in the elections held on January 20, 1988. Reyes won with a margin of 3,145 over Bocobo, who in due time filed an election protest with the Commission on Elections.

After revision of the ballots in 25% of the contested precincts indicated by the protestant. Third Division dismissed the protest.

It appearing, therefore, that on revision of the ballots representing TWENTY-FIVE (25%) per centum of the contested precincts the result of the election would not be altered, no sufficient basis exists to order the continuation of the remaining unrevised ballots of the protested precincts as protestant cannot overcome Protestee’s lead.

The petitioner urges reversal of the Commission on Elections on the ground that it misinterpreted and misapplied the partial determination rule embodied in Rule 20, Section 7, of its own Rules of Procedure. He also maintains he was denied due process when certain ballots protested by him were admitted by the public respondent without giving him an opportunity to support his objections.

Issue:

1.     Whether or not COMELEC is best to interpret its own rules.

2.     Whether not not ballot is the best evidence.

Ruling:

1.       The best authority to interpret the rules promulgated by COMELEC is COMELEC itself. The contention that COMELEC violated its own rule when it issued a show-cause order without making an initial evaluation of the ballots hence disregarding the two-step process required by COMELEC itself does not hold water. The interpretation of COMELEC of its own rules must prevail. According also to the records of the case, the third division did not fail to conduct an initial evaluation and examination of the ballots before it issued a show-cause order.

2.       Ballots are the best evidence. Handwriting experts are not indispensible in examining and comparing handwritings for this can be done by the COMELEC. Evidence aliunde is not allowed to prove that a ballot is marked. It is sufficient to look at the marked ballots. COMELEC is the best authority to determine the authenticity of the ballots.