In a 10-page decision penned by Associate Justice Consuelo Ynares-Santiago, the SC upheld the Commission on Elections’ (Comelec) en banc resolution issued last March 9, affirming the proclamation of Lazaro as governor of Laguna.
The SC said the Comelec did not commit grave abuse of discretion when it upheld the legality of Lazaro’s proclamation as the winner in the 2004 gubernatorial race.
During the canvassing of the certificates of canvass by the provincial board of canvassers (PBOC), Fernandez moved to suspend the proceedings, claiming that election returns from San Pablo City and Biñan had been tampered, thus increasing Lazaro’s votes.
The PBOC denied Fernandez’s motion, saying the issue should have been raised before the city and municipal boards of canvassers.
This prompted Fernandez to file a petition with the Comelec’s first division seeking to annul Lazaro’s proclamation.
The SC, however, said the Comelec’s first division correctly held that Fernandez did not comply with the mandatory requirements to submit his oral objections to the chairman of the board of canvassers at the time the questioned certificates were presented for inclusion in the canvass.
It added that Fernandez did not question the election returns before the appropriate city and municipal boards of canvassers, as mandated.
In fact, he also belatedly questioned the election returns from Calamba City and four other municipalities.
"The fact that the Comelec’s first division ordered the examination of election returns notwithstanding petitioner’s (Fernandez’s) belated objections thereto would not change the outcome of this case," the SC said.