This case has been cited 1 times or more.
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2008-03-13 |
CHICO-NAZARIO, J. |
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| Moreover, Pimentel's main objection to the Maguindanao MCOCs used in the canvass by the SPBOC-Maguindanao is that they are mostly copy 2 or the copy intended to be posted on the wall. According to Section 43 of COMELEC Resolution No. 7859, dated 17 April 2007, the MBOCs must transmit copy 1 of the MCOCs to the PBOC for use in the provincial canvassing of votes. The SPBOC-Maguindanao was compelled to use copy 2 of the Maguindanao MCOCs in the absence of copy 1 thereof. The fact that copy 2 of the Maguindanao MCOCs was not the copy meant for the PBOC-Maguindanao does not necessarily mean that copy 2 of the said MCOCs was manufactured, falsified or tampered with. All the seven copies of the MCOCs required to be prepared by the MBOCs should be considered duplicate originals.[38] Just like copy 1 of the MCOCs, copy 2 should be afforded the presumption of authenticity as an official document prepared by the MBOCs-Maguindanao in the regular performance of their official functions. Copy 2 is no less authentic than all the other copies of the MCOCs although it may be more susceptible to manufacture, falsification, or tampering. If the manufacture, falsification, or tampering of copy 2 of the MCOCs is not apparent on its face, the burden to prove the same falls on the candidate making the allegation in a regular election protest. At least as far as the proceedings before the local boards of canvassers are concerned, this Court's ruling in Pangarungan v. Commission on Elections[39] still holds true: it is not required that all the other copies of the election returns or certificates of canvass be taken into account and compared with one another before one of them, determined to be authentic, may be used or included in the canvass. | |||||