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RAFAEL FLAUTA v. COMELEC

This case has been cited 1 times or more.

2010-04-07
VILLARAMA, JR., J.
Finally, in his Verified Motion for Reconsideration, petitioner raised factual issues, specifically, on the appreciation of votes and the discrepancy in the number of votes credited to each candidate in four (4) precincts. However, the appreciation of contested ballots and election documents involves a question of fact best left to the determination of the COMELEC, a specialized agency tasked with the supervision of elections all over the country. After all, it is the constitutional commission vested with the exclusive original jurisdiction over election contests involving regional, provincial and city officials, as well as appellate jurisdiction over election protests involving elective municipal and barangay officials.[34] Hence, we deem it proper to remand this case to the COMELEC en banc, in order that it may resolve petitioner's motion for reconsideration of the Resolution dated August 12, 2009 on the merits.