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MANUEL A. ALEJANDRO v. COMELEC

This case has been cited 2 times or more.

2010-03-05
The decision of the COMELEC--to correct the manifest errors based on its own copies of the election documents involved--cannot be hastily set aside by this Court on petitioner's bare allegation that the COMELEC (ERSD) copies are fake or spurious and have found their way to the COMELEC records anomalously. Let it be remembered that, as posited by petitioner himself, only the COMELEC, not even the NBI, has the competence to determine the authenticity of election documents, because the COMELEC is the only entity which knows the security features or secret markings of the said documents.[36] When it decided to use its own copies of the SOVP, therefore, it considered those copies as authentic or genuine, and reflective of the true will of the electorate of Camarines Norte. This act of the COMELEC enjoys the presumption of regularity. Further, since the said factual finding was made by an entity having expertise in the field, the same is binding[37] and cannot be peremptorily brushed aside by this Court.
2007-03-20
CARPIO, J.
There is no controversy that discrepancies exist in the statement of votes and that reflected in the questioned election returns. Considering that any error in the statement of votes would affect the proclamation made on the basis thereof, the resolution of the COMELEC directing the MBOC to reconvene to rectify the errors it committed in tallying the votes for the vice-mayoralty race in Alicia, Isabela should be upheld. Indeed, "above and beyond all, the determination of the true will of the electorate should be paramount. It is their voice, not ours or of anyone else, that must prevail. This, in essence, is the democracy we continue to hold sacred.[19]