CCHOPE ELECTION 2001

AUTHORIZED PROCLAMATION PENDING MOTION FOR RECONSIDERATION

Even assuming that petitioner had availed of the proper remedy, still the proclamation of Sanchez by the MBC did not have to await the resolution of his motion for reconsideration by the Comelec en banc since it was validly made upon the authority of the order issued by the Comelec’s Second Division, ordering the MBC to reconvene and include the 37 election returns in the canvass and thereafter, proclaim the winning candidate. In this respect, our ruling in Casimiro vs. Comelec25 [Casimiro vs. Comelec, 171 SCRA 468 (1989).] is squarely in point. We held in this case that the proclamation of the winning candidate by the board of canvassers was authorized by the ruling of the Comelec’s Second Division ordering the board to "reconvene, complete the canvass if not yet completed, and proclaim the winning candidates…" even though such proclamation was made before the filing of the motion for reconsideration with the Comelec en banc.

En Banc, Justice Gonzaga-Reyes, JESUS L. CHU, petitioner, vs. THE COMMISSION ON ELECTIONS,THE MUNICIPAL BOARD OF CANVASSERS OF USON, MASBATE and SALVADORA O. SANCHEZ, respondents [G.R. No. 135423. November 29, 1999]

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Last Updated: Tuesday, April 24, 2001 08:14:37 AM