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ANNULMENT MUST BE BASED ON OFFICIAL RECORDS AND EVIDENCE FOURTH. To be sure, Republic Act No. 7166 introduced several electoral reforms and some of them relate to the disposition of pre-proclamation controversies. Among others, it provides that pre-proclamation controversies on election returns or certificates of canvass must be disposed of summarily by the COMELEC on the basis of the records and evidence adduced in the Board of Canvassers. Thus, section 20 of RA No. 7166 which repealed Section 245 of the Omnibus Election Code provides: "SEC. 20. Procedure in disposition of contested election returns. (a) Any candidate, political party or coalition of political parties contesting the inclusion or exclusion in the canvass of any election returns on any of the grounds authorized under Article XX or Section 234, 235 and 236 of Article XIX of the Omnibus Election Code shall submit their oral objection to the chairman of the board of canvassers at the time the questioned return is presented for inclusion in the canvass. Such objection shall be recorded in the minutes of the canvass. (b) Upon receipt of any such objection, the board of canvassers shall automatically defer the canvass of the contested returns and shall proceed to canvass the returns which are not contested by any party. (c) Simultaneous with
the oral objection, the objecting party shall also enter his objection in
the form for written objections to be prescribed by the Commission. Within
twenty-four (24) hours from and after the presentation of such an
objection, the objecting party shall submit the evidence in support of the
objection, which shall be attached to the form for written objections.
Within the same period of twenty-four (24) hours after presentation of the
objection, any party may file a written and verified opposition to the
objection in the form also to be prescribed by the Commission, attaching
thereto supporting evidence, if any. The board shall not entertain an
objection or opposition unless reduced to writing in the prescribed forms.
Slx The evidence attached to the objection or opposition submitted by the parties, shall be immediately and formally admitted into the records of the board by the chairman affixing his signature at the back of each and every page thereof. (d) Upon receipt of the evidence, the board shall take up the contested returns, consider the written objections thereto and opposition, if any, and summarily and immediately rule thereon. The board shall enter its ruling on the prescribed form and authenticate the same by the signatures of its members. (e) Any party adversely affected by the ruling of the board shall immediately inform the board if he intends to appeal said ruling. The board shall enter said information in the minutes of the canvass, set aside the returns and proceed to consider the other returns. (f) After all the uncontested returns have been canvassed and the contested returns ruled upon by it, the board shall suspend the canvass. Within forty-eight (48) hours therefrom, any party adversely affected by the ruling may file with the board a written and verified notice of appeal; and within an unextendible period of five (5) days thereafter, an appeal may be taken to the Commission. (g) Immediately upon receipt of the notice of appeal, the board shall make an appropriate report to the Commission, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report. (h) On the basis of the
records and evidence elevated to it by the board, the Commission shall
decide summarily the appeal within seven (7) days from receipt of the said
records and evidence. Any appeal brought before the Commission on the
ruling of the board, without the accomplished forms and the evidence
appended thereto, shall be summarily dismissed.
Scslx The decision of the Commission shall be executory after the lapse of seven (7) days from receipt thereof by the losing party. (i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the objections brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election." Appeal from the decision of the Board of Canvassers is governed by Section 18 of RA 7166, viz.: "SEC. 18. Summary disposition of pre-proclamation controversies. – All pre-proclamation controversies on election returns or certificates of canvass shall, on the basis of the records and evidence elevated to it by the board of canvassers, be disposed of summarily by the Commission within seven (7) days from receipt thereof. Its decision shall be executory after the lapse of seven (7) days from receipt by the losing party of the decision of the Commission." In the case at bar, we have carefully examined
the records and it does not clearly appear that the COMELEC annulled the
proclamation of Velayo on the basis of the official records and
evidence adduced by the parties before the Board of Canvassers. The
importance of these official records and evidence cannot be
overemphasized. The records contain the contested election returns, the
objections of the aggrieved party, the opposition of the prevailing party,
the evidence of the parties, and the rulings of the Board of Canvassers.
R.A. No. 7166 explicitly provides that it is only on the basis of
these official records that the COMELEC can decide the pre-proclamation
controversy in a summary manner. Without the official records, the
respondent COMELEC cannot validly decide a pre-proclamation controversy. There
is no showing that the official records of the Board of Canvassers were
forwarded to the respondent COMELEC and were used to cancel Velayo’s
proclamation.
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CCHOPE ELECTION
2001 
