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Nacionalista Party vs. Comelec

THE NACIONALISTA PARTY ET AL., petitioners, vs. THE COMMISSION ON ELECTIONS, respondent.

G.R. No. L-3521 | 1949-12-13

D E C I S I O N

OZAETA, J p:

This is a petition for mandamus to compel the Commission on Elections to exclude (not to count) the votes cast for senators in the provinces of Negros Occidental and Lanao during the last elections in the canvass to be performed by it pursuant to section 166 of the Revised Election Code. After due hearing on December 9, 1949, we denied the petition. This opinion is handed down to expound our decision.

The allegations of the petition which are admitted in respondent's answer are in substance as follows:

The petitioner Nacionalista Party is a national political party with official candidates for all the...