Title
Abedante vs. Relato
Case
G.R. No. L-6813
Decision Date
Nov 5, 1953
Two mayoral candidates contested election results due to disputed votes from a leper colony precinct; SC upheld COMELEC's authority and ruled lepers as qualified voters.
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Case Summary (G.R. No. L-6813)

Administrative Law and Election Law Context

  • The Culion Leper Colony is recognized as a national reservation under the exclusive administrative control of the Department of Health.
  • The Bicol Treatment Station, located in Cabusao, is established through an administrative order and remains part of the municipality of Cabusao.
  • Lepers residing in the Bicol Treatment Station are considered residents of Cabusao for voting purposes, as there is no law separating them from the municipality.
  • The ruling in Alcantara vs. Secretary of the Interior supports the notion that lepers can acquire residence for voting despite their confinement.

Voter Registration and Qualification Issues

  • The claim that lepers voting in precinct No. 11 are residents of Libmanan lacks sufficient evidence and cannot be judicially noticed.
  • The Board of Inspectors is presumed to have verified the qualifications of voters during registration.
  • Any challenge to voter qualifications should have been raised during the registration period; failure to do so renders the issue moot.
  • The corrected registry list is conclusive regarding voter eligibility in election contest proceedings, as mandated by the Revised Election Code.

Commission on Elections' Authority

  • The Commission on Elections has the constitutional mandate to enforce election laws and supervise election-related officials.
  • The Board of Canvassers has a ministerial duty to count votes and cannot question the validity of election returns.
  • The exclusion of votes from precinct No. 11 by the Board of Canvassers was a failure of duty, justifying the Commission's directive to reconvene and include those votes.
  • Any claims of exceeding authority by the Commission due to the elapsed protest period are waived if not challeng...continue reading

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