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NICOLAS C. CASTROMAYOR v. COMELEC

This case has been cited 1 times or more.

2009-07-22
YNARES-SANTIAGO, J.
In Duremdes v. Commission on Elections,[23] this Court sustained the power of the COMELEC en banc to order a correction of the Statement of Votes to make it conform to the election returns. In Castromayor v. Commission on Elections,[24] we allowed this procedure even if the proclamation of a winning candidate has already been made. We also sustained a resolution of the COMELEC directing the MBOC to reconvene and conduct a new canvass of the election returns in order to rectify the errors it committed in tallying the votes for the vice-mayoralty race even after a proclamation had already been made.[25] This is because in election laws, the paramount interest lies in the determination of the true will of the electorate.Thus, we held: In any case, the COMELEC Second Division justified the reconvening of the MBC in this wise: