Practice question
A verified petition alleges with supporting evidence that a board's canvass was a sham: the outcome was predetermined, members lacked sufficient notice, and threats prevented lawful deliberation. The challenge is brought through the prescribed process. Which answer is most accurate under Resolution 8804?
- These allegations may present illegal board proceedings rather than merely dissatisfaction with the vote count
- No board proceeding can ever be challenged
- Every complaint must be rejected because machines transmitted results
- The petitioner automatically becomes the winner upon filing
- Illegal proceedings exist only when a candidate has no campaign posters
Legal references
- COMELEC Resolution No. 8804, Rules 3 and 4, pre-proclamation controversies in an automated election system: https://lawphil.net/administ/comelec/comres2010/comres_8804_2010.html
- Marcos v. Robredo, P.E.T. Case No. 005, February 16, 2021, main decision, automated-election pre-proclamation grounds: https://lawphil.net/judjuris/juri2021/feb2021/pet_005_2021.html
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