Case Digest (G.R. No. 189078)
Facts:
- The case involves an electoral contest for the position of Mayor of the Municipality of Alfonso, Cavite in the May 14, 2007 elections.
- Petitioner Virgilio "Ver" Varias was proclaimed the winner after the elections.
- Respondent Jose "Joy" D. Pe ano filed an election protest alleging irregularities in the counting of votes.
- The Regional Trial Court (RTC) conducted a revision of the ballots and found that Pe ano garnered the most number of votes.
- The RTC ordered a technical examination of the ballots by the National Bureau of Investigation (NBI), which found evidence of tampering and irregularities.
- Based on these findings, the RTC ruled in favor of Pe ano.
- Varias appealed to the Commission on Elections (COMELEC), but the First Division of the COMELEC affirmed the RTC's decision.
- Varias filed a Rule 65 certiorari petition with the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Varias and nullified the dec...(Unlock)
Ratio:
- The COMELEC erred in not considering the evidence of tampering and irregularities in the contested ballots.
- The integrity of the ballots in electoral contests is of utmost importance.
- The bu...continue reading
Case Digest (G.R. No. 189078)
Facts:
The case involves an electoral contest for the position of Mayor in the Municipality of Alfonso, Cavite. After the elections, petitioner Virgilio Varias was proclaimed the winner. However, respondent Jose "Joy" Pe ano filed an election protest alleging irregularities in the counting of votes. The Regional Trial Court (RTC) conducted a revision of the ballots and found that Pe ano garnered the most number of votes. The RTC also ordered a technical examination of the ballots by the National Bureau of Investigation (NBI), which found evidence of tampering and irregularities.
Issue:
The main issue in this case is whether the Commission on Elections (COMELEC) committed grave abuse of discretion in affirming the RTC's decision based on the results of the revision, despite the evidence of tampering and irregularities found by the NBI.
Ruling:
The Supreme Court granted Varias' petition and nullified the decision of the COMELEC. The Supreme Court reinstated Varias as the winner of the mayoralty elections.
Ratio:
The Supreme Court held that the COMELEC com...