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Typoco vs. COMELEC [SEPARATE OPINION, DISSENTING, VELASCO, JR.]

JESUS O. TYPOCO, Petitioner, versus COMMISSION ON ELECTIONS; THE NEW MUNICIPAL BOARD OF CANVASSERS OF LABO, CAMARINES NORTE, represented by its Chairman, Atty. Raffy Olano; THE NEW PROVINCIAL BOARD OF CANVASSERS OF CAMARINES NORTE, represented by its Chairman, Atty. Allen Francis B. Abaya; and EDGARDO A. TALLADO, Respondents.

G.R. No. 186359 | 2010-03-05

DISSENTING OPINION

VELASCO, JR., J.:

With due respect, I dissent.

A summary of the pertinent facts is as follows:

In the May 14, 2007 elections, both Typoco and Tallado were candidates for the Office of the Governor of the Province of Camarines Norte. Typoco won the election with 80,830 votes, while Tallado garnered 78,287 votes or a margin of 2,543.

Previously, during the canvassing proceedings of the Provincial Board of Canvassers (PBOC) of Camarines Norte, Tallado objected to the inclusion of the Certificate of Canvass (COC) from the Municipalities of Paracale, Jose Panganiban, and Labo on the ground that they were falsified, tampered,...