ChanRobles Virtual law Library

chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

cralaw_scresolutions_separator.NHAD

[G.R. No. 149928.November 27, 2001]

LORETTA P. DE LA LLANA vs. COMELEC et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 27 2001.

G.R. No. 149928(Loretta P. De la Llana vs. Commission on Elections, et al.)

Petitioner Loretta P. De La Llana moves for reconsideration of the Court's resolution of October 16, 2001 sustaining the grant by the Commission on Elections (COMELEC) of the petition for correction of errors (consisting of omission in the canvass of five election returns and the double canvassing of one election return) by the Municipal Board of Canvassers (MBC) of Subic, Zambales and the Provincial Board of Canvassers (PBC) of Zambales.

To be sure, the arguments in petitioner's motion for reconsideration were not raised in the petition for certiorari filed in this case.However, considering the said arguments, the Court finds the same to be without merit.

First.Petitioner contends that the petition of the MBC and PBC was filed late on June 6, 2001 since, under Rule 27, �5 of the COMELEC Rules of Procedure, it should have been filed not later than five (5) days following the date of her proclamation on May 18, 2001.

The contention has no merit.On the day of proclamation, May 18, 2001, when the MBC discovered its errors, its Chairman wrote Commissioner Ralph C. Lantion, Commissioner-in-Charge of Region III, for permission to retrieve the election returns erroneously placed inside the ballot boxes by the Board of Election Inspectors concerned.The COMELEC granted the request and authorized the retrieval of the election returns which was eventually done on May 29, 2001.The MBC and PBC's petition for authority to canvass said election returns and for the correction of the municipal and provincial certificates of canvass was obviously the result of the foregoing incident and therefore cannot be considered to have been filed out of time.

Second.Petitioner contends that by filing an election protest against her, private respondent admits the validity of her proclamation.This is likewise without merit.Where a proclamation is null and void for being the result of an incomplete canvass, as in this case, the same is no proclamation at all, notwithstanding the pendency of an election protest.

WHEREFORE, petitioner's motion is DENIED with FINALITY for lack of merit.Buena, J., abroad on official business.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com