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SANDRA Y. ERIGUEL v. COMELEC

This case has been cited 1 times or more.

2010-04-07
BERSAMIN, J.
Rosal does not forbid the revision of the set-aside ballots. What it proscribes is the blind adherence to the result of the recount without taking into consideration the proof of any likelihood that the integrity of the ballot boxes was compromised. It forbids the COMELEC from conducting "a fresh appreciation of the contested ballots without first ascertaining whether the ballots to be recounted had been kept inviolate."[38] Tolentino should understand that election contests would not end with the result of the revision; and that the revision reports, being evidentiary, should still be scrutinized like any other evidence presented before the Division. Verily, the revision was not an end in itself, but simply demarcated the beginning of the process of determining the true result of the election.