This case has been cited 3 times or more.
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2013-03-19 |
BRION, J. |
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| We have previously ruled that a majority vote requires a vote of four members of the Comelec en banc. In Marcoleta v. Commission on Elections,[18] we declared "that Section 5(a) of Rule 3 of the Comelec Rules of Procedure and Section 7 of Article IX-A of the Constitution require that a majority vote of all the members of the Comelec [en banc], and not only those who participated and took part in the deliberations, is necessary for the pronouncement of a decision, resolution, order or ruling." | |||||
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2010-03-25 |
PEREZ, J. |
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| Indeed, the grave abuse of discretion of the COMELEC is patent in the fact that despite the existence in its books of the clearly worded Section 6 of Rule 18, which incidentally has been acknowledged by this Court in the recent case of Marcoleta v. COMELEC,[5] it completely ignored and disregarded its very own decree and proceeded with the questioned Resolution of 8 February 2010 and Order of 4 March 2010, in all, annulling the proclamation of petitioner Joselito R. Mendoza as the duly elected governor of Bulacan, declaring respondent Roberto M. Pagdanganan as the duly elected governor, and ordering petitioner Joselito R. Mendoza to cease and desist from performing the functions of the Governor of Bulacan and to vacate said office in favor of respondent Roberto M. Pagdanganan. | |||||
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2010-03-25 |
PEREZ, J. |
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| Likewise, in De Guzman v. Commission on Elections,[6] the Court held: As regards the 7 ballots cast in favor of De Guzman which were rejected as written-by-one in Precinct 27A Mabini, the COMELEC should have considered the data reflected in the Minutes of Voting Precinct 27A Mabini. It shows the existence of 24 illiterate or physically disabled voters which necessitated voting by assistors pursuant to Section 196 of B.P. Blg. 881 which does not allow an assistor to assist more that three times except the non-party members of the board of election inspectors. There is no showing that the 7 rejected ballots is the same as that appearing in the Minutes of Voting. All of the 7 assailed ballots were cast in favor of De Guzman. Consequently, four ballots should be appreciated in his favor it being reasonably presumed that the identically written ballots were prepared by the assistor, not only for three illiterate or physically disabled voters but also for himself. Hence, added to the 38 votes, De Guzman won the election by 42 votes.[7] | |||||