CCHOPE ELECTION 2001

CONTESTED COMPOSITION AND PROCEEDINGS OF THE BOARD

"Watchers play a vital role in protecting the votes especially during the counting of votes in the precinct level. The fact that the watchers were prevented and in fact heard the teachers threatened to have the election returns altered makes the whole election process a mockery in these precincts as the returns are no longer reflective of the true results of the elections. It is no wonder then that in these precincts Natividad got zero votes.

"Further, since there was already an objection against the two members of the Board of Canvassers and their illegal proceedings they cannot proceed to canvass, to cite Section 244 of the Omnibus Election Code: 

Section 244. Contested composition or proceedings of the board. – When the composition or proceedings of the board of canvassers are contested, the board of canvassers shall, within twenty-four hours, make a ruling thereon with notice to the contestant who, if adversely affected, may appeal the matter to the Commission within five days after the ruling with proper notice to the board of canvassers. After due notice and hearing, the Commission shall decide the case within ten days from the filing thereof. During the pendency of the case, the board of canvassers shall suspend the canvass until the Commission orders the continuation or resumption thereof and citing their reasons or grounds therefor.

Thus, the action of the Board in proclaiming the winning candidate for mayor in the Municipality of Gapan is illegal for violation of Section 20(a) to (i) of R.A. 7166 and Section 244 of the Omnibus Election Code."21 [Rollo, pp. 27-30.]

En Banc, Justice Puno, ARTHUR V. VELAYO, petitioner, vs. COMMISSION ON ELECTIONS AND ERNESTO NATIVIDAD, respondents [G.R. No. 135613. March 9, 2000]

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Last Updated: Tuesday, April 24, 2001 10:23:58 AM