SC Rules on Comelec Decision

Article excerpt

The Supreme Court (SC) has upheld its decision that the Commission on Elections (Comelec) did not gravely abuse its discretion when it annulled the proclamation of Jesus O. Typoco as a winner in the gubernatorial race in Camarines Norte in the May 14, 2007 elections and instead directed proclamation of Edgardo A. Tallado.The SC En Banc denied the petition for certiorari and prohibition filed by Typoco, assailing the April 30, 2008 resolution of the Comelec First Division and the February 24, 2009 resolution of the Comelec En Banc.The SC, by an 11-2 vote with one abstention, upheld several resolutions of the Comelec which, among others, had annulled the proclamation of Typoco and instead directed the proclamation of Tallado.In a 16-page decision penned by Associate Justice Antonio Eduardo B. Nachura, the SC said: “In Tan v. Commission on Elections (Comelec), this Court emphasized that the factual findings of the poll body, which has the expertise in the enforcement and administration of all election laws and regulations, are binding on this Court and must be respected because this Court is not a trier of facts and is not equipped to receive evidence and determine the truth of factual allegations.With this principle may admit of rare exception, it should apply with full force to the instant case. …