TAMAYO-REYES V. COMELEC (ELECTION LAW)

SC dismissed the petition.

It should be noted that what Tamayo-Reyes filed was a petition for correction of manifest errors and nullification of proclamation, which is a pre-proclamation controversy.

A PRE-PROCLAMATION CONTROVERSY refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition or political parties before the board or directly with the COMELEC, or any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code, in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. It is limited to the 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 is without jurisdiction to go beyond or behind them and investigate the alleged election irregularities.

Albeit it is regrettable that the COMELEC took 21 months from filing to resolve the case, it nonetheless acted correctly when it ordered the dismissal of the petition. It did not gravely abuse its discretion when it considered only 5 out of the 10 irregularities pointed out by Tamayo-Reyes as matters proper for correction of manifest errors. Applying the data proffered by Tamayo-Reyes herself, it turned out that private respondent would still emerge as the duly elected vice Mayor of Taytay Rizal.

The correction of manifest errors in the election returns, in the entries in the Statement of Votes by precinct per municipality or in the certificate of canvass. For errors to be manifest, they must appear on the face of the certificates of canvass or election returns sought to be corrected., and objections thereto must have been made before the Board of Canvassers and specifically noted in the minutes of their respective proceedings. This Court defined "manifest" as evident to the eye and understanding; visible to the eye; that which is open, palpable, and incontrovertible; needing no evidence to make it more clear, not obscure, or hidden.