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    Olfato V Comelec

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    The COMELEC has jurisdiction over pre-proclamation controversies according to the Supreme Court. During the 1980 local elections in Tanauan, Batangas, petitioner Olfato and others were proclaimed winners for their positions. Three days later, respondent Lirio filed a petition with COMELEC to suspend the canvass and proclamation, alleging disenfranchisement and irregularities. Despite this, Olfato assumed office. COMELEC dismissed Lirio's petition and reinstated Olfato's proclamation without prejudice to other legal remedies. The Supreme Court affirmed COMELEC's jurisdiction, as the poll body has the power to inquire into allegations pre-proclamation to determine election integrity

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    Olfato V Comelec

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    jolly verbatim
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    The COMELEC has jurisdiction over pre-proclamation controversies according to the Supreme Court. During the 1980 local elections in Tanauan, Batangas, petitioner Olfato and others were proclaimed winners for their positions. Three days later, respondent Lirio filed a petition with COMELEC to suspend the canvass and proclamation, alleging disenfranchisement and irregularities. Despite this, Olfato assumed office. COMELEC dismissed Lirio's petition and reinstated Olfato's proclamation without prejudice to other legal remedies. The Supreme Court affirmed COMELEC's jurisdiction, as the poll body has the power to inquire into allegations pre-proclamation to determine election integrity

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    20. Olfato v Comelec

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    The COMELEC has jurisdiction over pre-proclamation controversies according to the Supreme Court. During the 1980 local elections in Tanauan, Batangas, petitioner Olfato and others were proclaimed winners for their positions. Three days later, respondent Lirio filed a petition with COMELEC to suspend the canvass and proclamation, alleging disenfranchisement and irregularities. Despite this, Olfato assumed office. COMELEC dismissed Lirio's petition and reinstated Olfato's proclamation without prejudice to other legal remedies. The Supreme Court affirmed COMELEC's jurisdiction, as the poll body has the power to inquire into allegations pre-proclamation to determine election integrity

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    115 views1 page

    Olfato V Comelec

    Uploaded by

    jolly verbatim
    The COMELEC has jurisdiction over pre-proclamation controversies according to the Supreme Court. During the 1980 local elections in Tanauan, Batangas, petitioner Olfato and others were proclaimed winners for their positions. Three days later, respondent Lirio filed a petition with COMELEC to suspend the canvass and proclamation, alleging disenfranchisement and irregularities. Despite this, Olfato assumed office. COMELEC dismissed Lirio's petition and reinstated Olfato's proclamation without prejudice to other legal remedies. The Supreme Court affirmed COMELEC's jurisdiction, as the poll body has the power to inquire into allegations pre-proclamation to determine election integrity

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    OLFATO vs. COMELEC ( 103 SCRA 741, 1981 ) Pre-Proclamation Controversy, B.

    COMELEC Jurisdiction Facts: During the January 30, 1980 local elections, petitioner Olfato and the other petitioners were the official Nationalista Party (NP) candidates for Mayor and Sanggunian Bayan, respectively, of Tanauan, Batangas. On the other hand, Lirio was the official candidate of the Kilusang Bagong Lipunan (KBL) fo Mayor of said town. Three (3) days after the elections, private respondent Lirio, together with the candidates in his ticket, filed with COMELEC a petition for suspension of the canvass and proclamation of winning candidates for the elective positions of Tanauan, alleging disenfranchisement of voters, terrorism, fake IDs of voters and flying voters. Based on the result of canvass of votes, Olfato and the rest of the petitioners were proclaimed as the duly elected Mayor and Sanggunian members. Lirio filed a supplemental petition praying for the annulment of petitioner Olfatos proclamation citing fake voters and massive disenfranchisement which affects the very integrity of the election returns. He also filed an election protest against Olfato in the CFI of Batangas citing fake voters, fake voters identification cards, flying voters, substitute voters and massive disenfranchisement. Olfato assumed the office of Mayor. The COMELEC issued a Resolution dismissing Lirios petition and reinstating the proclamation made by the MBC of respondent Olfato and the entire ticket, without prejudice to other legal remedies under the Election Code. Issue: Whether the COMELEC has jurisdiction over the pre-proclamation Controversy filed by Lirio? Held: The Supreme Court riled in the affirmative citing previous rulings of the Court. The COMELEC has the power and authority to inquire into the allegation of fake voters, with fake IDs in a pre-proclamation controversy in order to determine the authenticity or integrity of election returns or whether such election returns faithfully record that only registered or genuine voters were allowed to vote. Under the election Code, the COMELC is the sole judge of all proclamation controversies. The COMELEC has vast powers under the Election Code in consonance with its primordial task of insuring free, orderly and honest elections. The Court dismissed the petition for review filed by Lirio and directed the COMELEC to proceed with dispatch on the pre-proclamation controversy (petition for suspension of canvass and proclamation of winning candidates). The court noted that the COMELEC Resolution considered the proclamation made in favor of Olfato and his ticket as temporary in nature as it was made subject to the final outcome of the pre-proclamation case.

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