CARLOS vs.

ANGELES

FACTS:
Jose Emmanuel Carlos & Antonio Serapio were candidates for position of mayor of
Valenzuela, MM during 11 May ’98 elections.
21 May ’98: MBOC proclaimed Carlos as elected mayor for gaining 102,688 votes.
Serapio obtained 77,270.
1 Jun: Serapio filed election protest.
Municipal Treasurer, who has custody of the ballot boxes, collected the ballot boxes
& delivered them to RTC. Pre-trial was concluded & parties agreed to creation of 7
revision committees
12 May: Carlos filed motion including prayer for authority to photocopy all official
copies of revision reports in custody of TC. TC denied.
Final tally showed that Serapio gained 66,602 votes while Carlos gained 83,609.
However TC set aside final tally of valid votes because of its finding of significant
badges of fraud – keys turned over by City Treasurer did not fit padlocks of ballot
boxes, 7 ballot boxes did not contain any ballot & 2 did not contain election returns,
schools experienced brownouts causing delay, some watchers of Serapio were not in
their posts during counting.
TC attributed these badges of fraud to Carlos who has control over election
paraphernalia & basic services in community. TC set aside Carlos’ proclamation &
declared Serapio as mayor.

ISSUE: WON TC committed grave abuse of discretion amounting to lack or excess of

jurisdiction in declaring Serapio as mayor

HELD:
Affirmative. (1) Mere inability of keys to fit into padlocks attached to ballot boxes
does not affect integrity of the ballots. TC easily forced open the padlocks & found valid
votes therein. (2) It is SOP of COMELEC to provide extra empty ballot boxes for use of
BEI or BOC. The empty ballot boxes found could be the reserve ballot boxes that were
not used by BEI/BOC. No proof or claim of missing ballots or ERs. (3) Brownouts had
caused only sight delay in canvassing because election officials availed themselves of
candles, flashlights & emergency lights. No report of cheating or tampering. (4)
Absence of watchers for Serapio cannot be taken against Carlos since it is the candidates
own look-out to protect his interest during counting.
Definition: Election means the choice or selection of candidates to public office by
popular vote through the use of the ballot, and the elected officials of which are
determined through the will of the electorate.It is the embodiment of the popular will,
the expression of the sovereign power of the people. Specifically, the term election, in
the context of the Constitution, may refer to the conduct of the polls, including the
listing of voters, the holding of the electoral campaign, and the casting and counting of
votes. The winner is the candidate who has obtained a majority or plurality of valid
votes cast in the election. In case of protest, a revision or recount of the ballots cast for
the candidates decides the election protest case. The candidate receiving the highest
number or plurality of votes shall be proclaimed the winner. Even if the candidate
receiving the majority votes is ineligible or disqualified, the candidate receiving the next
highest number of votes or the second placer,can not be declared elected. In other
words, a defeated candidate cannot be deemed elected to the office.
Construction:Election contests involve public interest, and technicalities and
procedural barriers should not be allowed to stand if they constitute an obstacle to the
determination of the true will of the electorate in the choice of their elective officials.
Laws governing election contests must be liberally construed to the end that the will of
the people in the choice of public officials may not be defeated by mere technical
objections.
Essence of Elections; Basis