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NASSER IMMAM v. COMELEC

This case has been cited 3 times or more.

	GR No. 170365 2010-02-02	ABDUL GAFFAR P.M. DIBARATUN v. COMELEC PERALTA, J.
The findings of fact of the COMELEC en banc are binding on this Court. The grounds for failure of election (i.e., force majeure, violence, terrorism, fraud, or other analogous cases) involve questions of fact, which can only be determined by the COMELEC en banc after due notice to and hearing of the parties.[14] An application for certiorari against actions of the COMELEC is confined to instances of grave abuse of discretion,[15] amounting to lack or excess of jurisdiction. The COMELEC, as the administrative agency and specialized constitutional body charged with the enforcement and administration of all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall, has the expertise in its field so that its findings and conclusions are generally respected by and conclusive on the Court.[16]
	GR NO. 170678 2006-07-17	ROMMEL G. MUÑOZ v. COMELEC YNARES-SANTIAGO, J.
Further, we find that the COMELEC First Division correctly annulled the proclamation of the petitioner. Time and again, this Court has given its imprimatur on the principle that COMELEC is with authority to annul any canvass and proclamation which was illegally made.[16] At the time the proclamation was made, the COMELEC First Division had not yet resolved SPC No. 04-087. Pursuant to Section 36(i) of COMELEC Resolution No. 6669, which finds basis in Section 20(i) of Republic Act (R.A.) No. 7166,[17] the MBC should not have proclaimed petitioner as the winning candidate absent the authorization from the COMELEC. Any proclamation made under such circumstances is void ab initio.[18]
	GR No. 165691 2005-06-22	ROBERT Z. BARBERS v. COMELEC CARPIO, J.
An incomplete canvass of votes is illegal and cannot be the basis of a subsequent proclamation. A canvass is not reflective of the true vote of the electorate unless the board of canvassers considers all returns and omits none. However, this is true only where the election returns missing or not counted will affect the results of the election.[25]