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[5/7] Bren Z. Guiao vs COMELEC

[5/7] BREN Z. GUIAO, petitioner, vs. COMMISSION ON ELECTIONS, ABER P. CANLAS, PROVINCIAL BOARD OF CANVASSERS OF PAMPANGA and MANUEL LUCERO, respondents. / Sedfrey A. Ordo?ez, Rene A.V. Saguisag and Jose Suarez for petitioner. / Farolan, Ganal & Associates for private respondent Canlas.

G.R. No. L-68056 | 1985-07-05

AQUINO, J., concurring:

I concur. There is absolutely no ground for setting aside the proclamation. There was no pre-proclamation controversy in this case. The grounds relied upon by Bren Z. Guiao were not raised at all before or during the canvass of the election returns. They were invoked by him after the canvass was finished.

The Comelec acted in accordance with section 54 of the 1984 Batasang Pambansa Election Law in authorizing the proclamation. The grounds relied upon by Guiao are proper for an election protest. 'There is no dispute as to the facts. At 7 p.m. on May 14, 1984 the Provincial Board of Canvassers started the canvassing...