This case has been cited 1 times or more.
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2013-10-22 |
PERLAS-BERNABE, J. |
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| In a related development, despite the cancellation of Alvin John's CoC due to his material misrepresentations therein, his name was not deleted from and thus, remained printed on the ballot, prompting Wigberto to file a motion[18] with the Provincial Board of Canvassers of Quezon Province (PBOC) asking that the votes cast in the name of Alvin John be credited to him instead in accordance with the Court's ruling in Dela Cruz v. COMELEC[19] and COMELEC Resolution No. 9599.[20] The PBOC, however, denied Wigberto's motion in a Resolution[21] dated May 16, 2013, holding that the votes of Alvin John could not be counted in favor of Wigberto because the cancellation of the former's CoC was on the basis of his material misrepresentations under Section 78 of the OEC and not on being a nuisance candidate under Section 69 of the same law. Consequently, the PBOC canvassed the votes of all three contenders separately, and thereafter, on May 16, 2013, proclaimed Angelina as the winning candidate for the position of Member of the House of Representatives for the 4th District of Quezon Province.[22] According to Wigberto, it was for the foregoing reason that he impleaded Angelina as a party-respondent in the instant petition for certiorari.[23] | |||||