(2) ascertain the precincts the ballot boxes of which were found in such a condition as would
afford a reasonable opportunity for unlawful access to their contents. The Commission on
Elections shall exclude from the recount the ballots from these precincts and shall rely
instead on the official count stated in the election returns.
The status quo ante order issued by this Court on June 7, 2006 is, for all intents and purposes
consistent with this decision, hereby MAINTAINED.
12. Dumpit-Michelena vs Boado
Nov. 17, 2005
This is a petition assailing COMELEC resolution disqualifying Dumpit in
the May 2004 election.
Facts:
Dumpit-Michelena was a candidate for the position of mayor in the
municipality of Agoo, La Union during the May 10, 2004 Synchronized
National and Local Elections. Boado sought Dumpit-Michelena’s
disqualification and the denial or cancellation of her COC on the ground
of material misrepresentation under Sections 74 and 78of Batas
Pambansa Blg. 881.
Boado, et al. alleged that Dumpit-Michelena, the daughter of
Congressman Tomas Dumpit, Sr. of the Second District of La Union, is
not a resident of Agoo, La Union. Boado, et al. claimed that DumpitMichelena is a resident and was a registered voter of Naguilian, La
Union and that Dumpit-Michelena only transferred her registration as
voter to San Julian West, Agoo, La Union on October 24, 2003.
Dumpit-Michelena countered that she already acquired a new domicile
in San Julian West when she purchased from her father, Congressman
Dumpit, a residential lot on April 19, 2003. She even designated a
caretaker of her residential house. Dumpit-Michelena presented the
affidavits and certifications of her neighbors in San Julian West to prove
that she actually resides in the area. COMELEC rules in favor of Boado
et al. The COMELEC En Banc denied in its ruling the motion for
reconsideration filed by Dumpit-Michelena.