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PURISIMA V.

SALANGA
L-22335
DECEMBER 31, 1965

FACTS:
Petitioner Purisima is a candidate for any of the three offices of Provincial Board
Member of Ilocos Sur. During the canvass, he notes that the returns from precints
(41) showed on their face that the words and figures for Gregorio Cordero had been
“obviously and manifestly erased” and superimposed with other words and figures.
For comparison, the Nacionalista Party copies of returns were submitted to the
board of canvassers and discrepancy was found.Purisima requested for suspension
of the canvass, which the board denied upon the ground that it was not yet
ascertainable whether the discrepancies would materially affect the result. After the
canvass, Cordero got the last spot with 1, 857 votes more than Purisima. The
petitioner again called the attention to the erasures which the board again denied
and proceeded with the proclamation of Cordero. Purisima went to the COMELEC to
annul the canvass and proclamation to which the Commission respinded by passing
a resolution annulling the canvass and proclamation. He filed a petition for recount
with the CFI which was dismissed. It was argued that the Nacionalista copies cannot
be made basis of a petition for recount accdg to Sec. 163 of the Revised Election
Code.

ISSUE:
Whether the Court is correct in dismissing the petition for recount and its
interpretation of Sec. 163 of the Revised Election Code.

HELD:
The dismissal of petition for recount set aside. There is no more question now that
the number of votes involved in said discrepancy is more than enough to alter the
result. The record shows that the reason why Purisima was not able to submit to the
board the COMELEC copies of returns was because the board declined to suspend
the canvass and proclamation. He should not be prejudiced by such. It is the duty of
canvassers to suspend in case of patent irregularity in the returns as in the present
case. Interpretation of election laws should give effect to the expressed will of the
electorate.

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