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Rosauro I. Torres vs. Commission on Elections, et al.

ATTY. ROSAURO I. TORRES, petitioner vs. COMMISSION ON ELECTIONS and VICENTE RAFAEL A. DE PERALTA, respondents.

G.R. No. 121031 | 1997-03-26

D E C I S I O N


BELLOSILLO, J.:

This case involves the power of the Commission on Elections (COMELEC) to annul the proclamation of a winning candidate for Municipal Councilor in view of an error in the computation of totals in the Statement of Votes which was made the basis of the proclamation, and to direct the Municipal Board of Canvassers to reconvene and proclaim the rightful winner.

On 9 May 1995 the Municipal Board of Canvassers of Tanza, Cavite, issued a Certificate of Canvass of Votes and Proclamation of the Winning Candidates for Municipal Offices (Municipal Councilors) as follows: (1) Wilfredo A. Nuñez, 14,888 votes;...