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Ablan, Sr. vs. Madarang, et al.

FEDERICO B. ABLAN, SR., petitioner, vs. THE HONORABLE JOSE A. MADARANG and DR. DAMASO T. SAMONTE, respondents.

G.R. No. L-32963 | 1971-09-30

D E C I S I O N


FERNANDO, J:

The question before us in this certiorari and prohibition proceeding, one raised for the first time, is the interpretation to be accorded the provision in the 1971 Constitutional Convention Act 1 empowering courts of first instance to recount the votes cast at the election of delegates, but only on a showing of the existence of "another authentic copy or copies of returns from an election precinct submitted to the [Board of Canvassers] giving any candidate a different number of votes, or there is a difference in the words and figures of the number of votes for any candidate, and in either case the difference...