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Mayor Varias vs. Commission on Elections (COMELEC) [DISSENTING OPINION, VELASCO, J.]

MAYOR VIRGILIO P. VARIAS, Petitioner, versus COMMISSION ON ELECTIONS and JOSE "JOY" D. PE?ANO, Respondents

G.R. No. 189078 | 2010-02-11

DISSENTING OPINION

VELASCO, JR., J.:

When the sovereignty of the people expressed by the electorate via the ballot is at stake, everything should be done to have that sovereignty obeyed by all.[1] The primary duty to ascertain by all feasible means the will of the electorate in an election belongs; it has broad powers to ascertain the true results of an election by all means available to it.[2] And in the discharge of this duty, the Comelec's factual determination, in the course of appreciating contested ballots and election documents, cannot be overturned by the Court, unless it is clearly tainted with grave abuse of discretion.[3]

With...