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R.Villaroya vs. Comm. On Elections, etal.

RODERICO VILLAROYA, petitioner, vs. COMMISSION ON ELECTIONS, BENEDICTA B. ROA and CITY BOARD OF CANVASSERS OF CAGAYAN DE ORO, respondents.

G.R. Nos. 79646-47 | 1987-11-13

D E C I S I O N


GANCAYCO, J.:

The issue in this petition is whether or not the COMELEC can order the examination of the election return of a precinct by retrieving the same from the ballot box and comparing the same with the statement of votes issued by the city board of canvassers in order to verify herein private respondent's claim that by clerical error her votes therein were under-tabulated by 57 votes thus giving an erroneous victory margin of 26 votes to petitioner as a pre-proclamation controversy even if the protestant failed to raise the issue before the Board of Canvassers during the canvassing.

Petitioner Villaroya and...