Professional Documents
Culture Documents
Pre Proclamation
Pre Proclamation
Pre Proclamation
refers to:
any questions pertaining to or affecting the proceedings of the board of
canvassers, or
any matters raised under Secs. 233, 234, 235 and 236 in relation to the
preparation, trasmission, receipt, custody and appreciation of election returns.
Raised by:
any candidate, or
any registered political party or coalition of political parties
Raised before:
the board of canvassers or
directly with the COMELEC
Nature
- summary in nature
Ratio: to put a stop to the practice of unscrupulous candidates of
"grabbing the proclamation and prolonging the protest".
- Limited to an examination of the election returns on their face (Sebastian v.
COMELEC)
Purpose
to accertain the winner(s) in the election on the basis of the election returns
transmitted to the Board of Canvassers
* Questions involving appreciation of ballots and conduct of campaign and
balotting which requires more deliberate and necessary longer examination are
left for examination in proper election protest.