Digest: Bocobo v. Commission on Elections (191 SCRA 576, 1990)
Facts:
Petitioner Daniel T. Bocobo and private respondent Luisito M. Reyes were
candidates for Governor in the Province of Marinduque in the elections held on
January 20, 1988. Reyes won with a margin of 3,145 over Bocobo, who in due time
filed an election protest with the Commission on Elections.
After revision of the ballots in 25% of the contested precincts indicated by
the protestant. Third Division dismissed the protest.
It appearing, therefore, that on revision of the ballots representing TWENTY-FIVE (25%) per centum of the contested precincts the result of the election would not be altered, no sufficient basis exists to order the continuation of the remaining unrevised ballots of the protested precincts as protestant cannot overcome Protestee’s lead.
The petitioner urges reversal of the Commission on Elections on the ground that it misinterpreted and misapplied the partial determination rule embodied in Rule 20, Section 7, of its own Rules of Procedure. He also maintains he was denied due process when certain ballots protested by him were admitted by the public respondent without giving him an opportunity to support his objections.
Issue:
1. Whether
or not COMELEC is best to interpret its own rules.
2. Whether not not ballot is the best evidence.
Ruling:
1. The
best authority to interpret the rules promulgated by COMELEC is COMELEC itself.
The contention that COMELEC violated its own rule when it issued a show-cause
order without making an initial evaluation of the ballots hence disregarding
the two-step process required by COMELEC itself does not hold water. The
interpretation of COMELEC of its own rules must prevail. According also to the
records of the case, the third division did not fail to conduct an initial
evaluation and examination of the ballots before it issued a show-cause order.
2. Ballots
are the best evidence. Handwriting experts are not indispensible in examining
and comparing handwritings for this can be done by the COMELEC. Evidence
aliunde is not allowed to prove that a ballot is marked. It is sufficient to
look at the marked ballots. COMELEC is the best authority to determine the
authenticity of the ballots.
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