Skip to main content

Brillantes vs. Concepcion, GR 163193, June 15, 2004

FACTS: Congress enacted RA 8436 authorizing COMELEC to use an automated election system for the process of voting, counting of votes and canvassing/consolidation the results of national and local elections. COMELEC subsequently approved Resolution 6712 adopting the policy that the precinct election results of each city and municipality shall be immediately transmitted electronically in advance to the COMELEC in Manila.
Petitioners in this case questioned, among others, the Constitutionality of the quickcount as being pre-emptive of the authority vested in Congress to canvass the votes for the President and Vice-President under Article VII, Section 4 of the 1987 Constitution.
ISSUE: Can the COMELEC conduct “unofficial” tabulation of presidential election results based on a copy of the election returns?
RULING: No. The assailed resolution usurps, under the guise of an “unofficial” tabulation of election results based on a copy of the election returns, the sole and exclusive authority of Congress to canvass the votes for the election of President and Vice-President.
The contention of the COMELEC that its tabulation of votes is not prohibited by the Constitution and Rep. Act No. 8436 as such tabulation is “unofficial,” is puerile and totally unacceptable. If the COMELEC is proscribed from conducting an official canvass of the votes cast for the President and Vice-President, the COMELEC is, with more reason, prohibited from making an “unofficial” canvass of said votes

by: Karissa Tolentino
Labels:

Comments

Post a Comment

Popular posts from this blog

Art XI, Sec2 Ombudsman vs. Mojica GR 146486 The case had its inception on 29 December 1999, when twenty-two officials and employees of the Office of the Deputy Ombudsman (OMB) for the Visayas, led by its two directors, filed a formal complaint with the Office of the Ombudsman requesting an investigation on the basis of allegations that then Deputy Ombudsman for the Visayas, private respondent Arturo Mojica, committed the following: 1. Sexual harassment against Rayvi Padua-Varona; 2. Mulcting money from confidential employees James Alueta and Eden Kiamco; and 3. Oppression against all employees in not releasing the P7,200.00 benefits of OMB-Visayas employees. The complaints in Criminal Case No. OMB-0-00-0615 and Administrative Case No. OMB-ADM-0-00-0316, were dismissed. Thereupon, on 15 January 2001, the Office of the Ombudsman filed before this Court “a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, and alternatively, an original spe...
Post a Comment
Read more

oblicon

NATIONAL MARKETING CORPORATION VS. FEDERATION OF UNITED NAMARCO DISTRIBUTORS, INC. 49 SCRA 238 FACTS: On November 16, 1959, the NAMARCO and the FEDERATION entered into a Contract of Sale stipulating among others that Two Hundred Thousand Pesos (P200,000.00) be paid as part payment, and FEDERATION deposits with the NAMARCO upon signing of the items and/or merchandise a cash basis payment upon delivery of the duly indorsed negotiable shipping document covering the same. To insure payment of the goods by the FEDERATION, the NAMARCO accepted three domestic letters of credit which is an accepted draft and duly executed trust receipt approved by the Philippine National Bank. Upon arrival of the goods in Manila in January, 1960, the NAMARCO billed FEDERATION Statement of Account for P277,357.91, covering shipment of the 2,000 cartons of PK Chewing Gums, 1,000 cartons of Juicy Fruit Chewing Gums, and 500 cartons of Adams Chicklets; Statement of Account of P135,891.32, covering shipment of the ...
Post a Comment
Read more

Pimentel vs. COMELEC GR 161658, Nov. 3, 2003

Facts: Congress passed RA 9165, Comprehensive Dangerous Drugs Act of 2002, and makes it mandatory for candidates for public office, students of secondary and tertiary schools, officers and employees of public and private offices, and persons charged before the prosecutor’s office with certain offenses, among other personalities, to undergo a drug test. Hence, Senator Pimentel, who is a senatorial candidate for the 2004 synchronized elections, challenged Section 36(g) of the said law. Issue: is the mandatory drug testing of candidates for public office an unconstitutional imposition of additional qualification on candidates for Senator? Held: Yes. Section 36 (g) of RA 9165, requiring all candidates for public office whether appointed or elected both in the national or local government undergo a mandatory drug test is UNCONSITUTIONAL. Under Sec.3, Art. VI of the Constitution, an aspiring candidate for Senator needs only to meet 5 qualifications: (1) citizenship, (2) voter registration, (...
Post a Comment
Read more