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JEREMIAS F. DAYO v. COMELEC

This case has been cited 2 times or more.

2009-07-15
LEONARDO-DE CASTRO, J.
Again, in Dayo v. COMELEC,[15] the Court declared that allegations of fraud and irregularities are sufficient grounds for opening the ballot boxes and examining the questioned ballots. The pronouncement is in accordance with Section 255 of the Omnibus Election Code, which reads: Judicial counting of votes in election contest. - Where allegations in a protest or counter-protest so warrant, or whenever in the opinion of the court in the interests of justice so require, it shall immediately order the book of voters, ballot boxes and their keys, ballots and other documents used in the election be brought before it and that the ballots be examined and the votes recounted.
2008-11-28
CARPIO MORALES, J.
Petitioner finally assails the failure of public respondent to conduct hearings on her petition, citing Dayo v. Commission on Elections[28] which held that "an election protest may not be disposed of by summary judgment."[29]