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ALFONSO C. BINCE v. COMELEC

This case has been cited 3 times or more.

	GR No. 175121 2007-06-08	EN BANC ADELINA TAMAYO-REYES v. COMELEC NACHURA, J.
While this Court does not contest the rulings cited by petitioner in Tatlonghari v. COMELEC,[25] Bince, Jr. v. COMELEC,[26] and Ramirez v. COMELEC[27] that a petition for correction of manifest errors may be filed even beyond the reglementary period of five (5) days following the date of proclamation pursuant to Section 5(b), Rule 27 of the 1993 COMELEC Rules of Procedure, and that the COMELEC has the power to annul the proclamation made on the basis of an erroneous tabulation of votes in the election returns or in the statement of votes, we agree with the COMELEC First Division and En Banc that the case of petitioner does not fall within the scope of the above-mentioned rulings. Indeed, even if the truly manifest errors were corrected using the data presented by petitioner herself, the proclamation of private respondent as the winning Vice-Mayoral candidate of Taytay, Rizal will still stand.
	GR NOS. 166143-47 2006-11-20	ABDUSAKUR M. TAN v. COMELEC VELASCO, JR., J.
It may be well to point out at this juncture that the rules on reglementary periods, perhaps, like any rule issued by judicial and quasi-judicial bodies, are prescribed to ensure stability in the administration of justice, as well as to promote substantive justice. Indeed, they should be disregarded when they pose obstruction to the attainment of such lofty ends, which, in election-related cases, as here, is the determination of the popular will. While the facts in Bince, Jr. v. COMELEC[91] are not on all fours similar, what we said therein is most apt:Assuming for the sake of argument that the petition was filed out of time, this incident alone will not thwart the proper determination and resolution of the instant case on substantial grounds. Adherence to a technicality that would put a stamp of validity on a palpably void proclamation, with the inevitable result of frustrating the people's will cannot be countenanced.[92]
	GR NO. 165677 2005-06-08	EDILWASIF T. BADDIRI v. COMELEC AZCUNA, J.
Section 7, Rule 27 of the COMELEC Rules of Procedure clearly states that the petition for correction may be filed at any time before the proclamation of a winner.[12] Respondent Loong filed the petition for correction during the proceedings of the Provincial Board of Canvassers; hence, it was filed before the proclamation of the winning candidates. The petition was, therefore, filed on time.