550 Phil. 294
NACHURA, J.:
Total Number of Votes | ||
| As Per Physical Count ------------------------- | 2,576 |
| Add: Valid Claimed Ballots ------------------ | 20 |
| Less: Marked Ballots -------------------------- | ___16 |
| TOTAL VALID VOTES ---------------- | 2,580 |
Total Number of Votes | ||
| As Per Physical Count ------------------------- | 3,102 |
| Add: Valid Claimed Ballots ------------------- | 32 |
| Less: Ballots Found To Be Written by | |
|
| 1,261 |
| Less: Ballots Found To be Written by | |
|
| 6 |
| Less: Marked Ballots -------------------------- | ___528 |
|
| 1,339 |
FOR SALVADOR C. DEL MUNDO | |
| |
Number of Votes per Physical Count | 2,576 |
Less: Invalid Votes | __- 16 |
| 2,560 |
Add: Valid Claims | + 20 |
Add: Result from Precinct 2858- A | ___36 |
TOTAL | 2,616 |
| |
FOR ROGELIO P. JUAN | |
| |
Number of Votes per Physical Count | 3,102 |
Less: Valid Votes | __-607 |
| 2,495 |
Add: Valid Claims | + 32 |
Add: Result from Precinct 2858-A | ___33 |
TOTAL | 2,560 |
Petitioner contends that the testimonies of 107 public school teachers as chairpersons and members of the BET attest that: (1) they observed no markings in the contested ballots or that the same were prepared by one or two persons, and that there were no irregularities in the appreciation thereof in the precinct level;[12] (2) the contested ballots were results of post-election operations intented to invalidate the petitioner's votes as evidenced by the condition of the ballot boxes in the reversal precincts showing that the same were violated;[13] and, (3) as such, the ballots can no longer be relied upon, hence, the uncontested election returns should be the basis in determining the election results.[14]
- THE COMELEC GRAVELY ABUSED ITS DISCRETION WHEN IT INVALIDATED THE BALLOTS OF JUAN ON THE GROUND THAT THEY WERE "MARKED BALLOTS" DESPITE UNCONTROVERTED EVIDENCE THAT THE "MARKINGS" FOUND ON THESE BALLOTS WERE THE RESULTS OF POST ELECTION OPERATION IN THIRTY- SEVEN (37) REVERSAL PRECINCTS[10] WHEREIN THE BALLOT BOXES AND THE CONTENTS THEREOF WERE TAMPERED WITH THE CLEAR INTENTION OF INVALIDATING THE SAID BALLOTS OF JUAN.
- IT WAS GRAVE ABUSE OF DISCRETION FOR THE COMELEC TO INVALIDATE THE BALLOTS OF JUAN ON THE GROUND THAT SUCH BALLOTS WERE WRITTEN IN PAIRS BY ONE OR TWO PERSONS WHEN ON THEIR FACES THEY WEE CLEARLY WRITTEN BY DIFFERENT PERSONS, EXCEPT FOR THOSE FAKE BALLOTS INTRODUCED DURING THE POST ELECTION OPERATION THAT TAMPRED THE BALLOT VOXES AND THE CONTENTS OF THE AFORESAID THIRTY SEVEN (37) REVERSAL PRECINCTS.[11]
"Findings of facts of administrative bodies charged with their specific field of expertise, are afforded great weight by the courts, and in the absence of substantial showing that such findings are made from an erroneous estimation of the evidence presented, they are conclusive, and in the interest of stability of the governmental structure, should not be disturbed. The COMELEC, as an administrative agency and a specialized constitutional body charged with the enforcement and administration of all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall, has more than enough expertise in its field that its findings or conclusions are generally respected and even given finality. We do not find the instant case an exception to this avowed rule."[26]WHEREFORE, the instant petition is DISMISSED for lack of merit. The COMELEC En Banc Resolution dated January 25, 2005 is hereby AFFIRMED. Accordingly, this Court's Resolution requiring the parties to observe the status quo dated February 1, 2005 is hereby lifted. No costs.