Back

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

MAYOR VIRGILIO P. VARIAS, Petitioner, versus COMMISSION ON ELECTIONS and JOSE "Joy" D. PENANO, Respondents

G.R. No. 189078 | 2010-03-30

D I S S E N T I N G   O P I N I O N
 
VELASCO, JR., J.:

In my dissent to the February 11, 2010 Decision, I demurred to the majority's decision overturning, in a certiorari proceeding, the determination and conclusions of the Commission on Elections (COMELEC) on contentious factual issues arising from the appreciation and counting of ballots and evaluation of evidence on election irregularities. Subject to well-defined exceptions, factual findings of the COMELEC on matters falling under its jurisdiction and particular expertise as the agency charged with the enforcement and administration of all election laws, rules and...