Lerias v.
HRET
Facts
• Rosette Yniguez Lerias (Petitioner) filed her certificate of candidacy as official candidate
of UPP-KBL for the position of Representative for the district of Southern Leyte. Roger
Mercado (respondent) was the administration candidate for the same position.
• During the canvassing of votes of the Provincial Board of Canvassers (PBC), not
including the ballots from Libagon which had been questioned by Mercado on the ground
that allegedly it had been tampered with, petitioner and respondent got the two highest
votes, Mercado - 34,422, Lerias - 34,128.
• However, when it came to including the votes from Libagon, the results differed,
Mercado - 35,793 votes and Lerias - 35,939.
• The PBC ruled that their copy of the certificate of canvass contained erasures, alterations
and superimpositions and therefore, cannot be used as basis of the canvass.
• The PBC simply rejected the explanation of the members of the municipal board of
canvassers of Libagon that said corrections were made to correct honest clerical mistakes
which did not affect the integrity of the certificate and said corrections were made in the
presence of the watchers of all the 9 candidates for the position.
• Lerias made an appeal to COMELEC asking that the copy of the certificate of canvass for
Libagon used by PBC Counsel since both Lerias and Mercado agreed to use the
COMELEC copy of the said certficate as long as it is authentic. In the end, Lerias only
received 1,411 votes which is less than that stated in the copy of PBC
• Lerias filed for a petition to COMELEC reconsideration at first (denied), and then
annulment of proclamation. Respondent tried to reply by asserting Lerias used fraudulent
means in elections but before the initial hearing, there were unidentified men who went to
the municipal building of Libagon who raided and stole the ballot boxes which contained
copies of the election returns. The remaining boxes were gathered by HRET
representatives.
• During the case trial in HRET, Lerias presented the original copies of the certificate of
the municipal and provincial board.
• The election returns showed that she got a total of 1,811 votes. On the other hand,
Mercado showed a photocopy of the canvass which was different from the original.
HRET rejected the election returns presented by Lerias. T here were doubts on the
authenticity of the election returns given that the original copies were produced after the
raid.
• However, after another investigation and presentation of evidence it was declared that
Lerias was the winner.
• The HRET majority, however, rejected the election returns of Lerias and sustained the
certificate of canvass.
ISSUE
• Whether the HRET committed grave abuse of discretion
Ruling
• Yes, in an election contest, the best and most concliusive evidence are the ballots
themselves. But where the ballots cannot be produced or are not available, the leection
returns would be the best evidence.
• Case in point, the COMELEC and HRET must exercise extreme caution in rejecting
returns and may do so only upon exhaustive investigation as to the authenticity of the
said document.
• In light with this, under the best evidence rule, "there can be no evidence of a writing, the
contents of which are the subject of inquiry, other than the original writing itself."
• It would appear that the Court sustained the use of the COMELEC's copy of the
certificate of canvass instead of the copy of the provincial board of canvassers only to
establish prima facie (but not actually) the winner, without prejudice to a more judicious
and unhurried determination in an election protest, and because Lerias' through counsel
had previously agreed conditionally and qualifiedly to its tentative use for pre-
proclamation proceedings
• The decision of this court was merely an affirmance of the action of the COMELEC and
it cannot be relied upon as a final adjudication on the merits, on the issue of genuineness
and authenticity of the said certificate of canvass.
• Besides, the use of said COMELEC copy of the certificate of canvass by the board of
canvassers did not foreclose the right of Lerias to prove that the votes attributed to have
been received by her as stated, in said certificate of canvass is not correct.
• Acceptance of a certificate of canvass as genuine and authentic for purposes of canvass
simply means that said certificate of canvass is genuine and authentic for the purpose of
determining the prima facie winner in the election. But the very purpose of an election
contest is to establish who is the actual winner in the election.
• The Court then declares that petitioner Rosette Yniguez Lerias is the duly elected
representative of the Lone District of the Province of Southern Leyte.
