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The 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional elections, candidate MP objected the the certificate of canvass for Polomolok on the ground that it was obviously manufactured, submiting as evidence the affidavit of a mayoralty candidate of Polomolok. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that ten election returns from non-existent precincts were included in the certificate. MP moved that the certifcate of canvass for General Santos be corrected to exclude the results from the non-existent precincts. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. May MP appeal the rulings to the COMELEC? Explain. (6%)

Hi all...........May I request for an answer on this?.....i really am not sure of my response and I need to know if my answer will probably get some points here......thanks......Godd Luck to all of us barristers......

It appears that the certificate of canvass being objected to by the MP contained manifest errors (election returns from non-existent precincts were included in the canvass and election returns were tampered with). These are issues that may be raised in a pre-proclamation controversy. According to the law, any candidate like the MP in the instant case, who was aggrieved by the order of the Board of Canvassers to include the contested certificate of canvass, may appeal the same to the COMELEC within 24 hours from promulgation of the said order.

I am not sure of my answer but i said.The rulings are not appeallable because they are summary in nature.I also cited the presumption of genuineness of election returns and suggested that the matter just be brought in the proper forum, i.e. pre proclamation protest, election protest, etc.

BUT THERE IS NO PRE-PROC SA CONGRESS... HRET NA ATA ITO NOT SA COMELEC..