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§2 x x x Being allowed by law, the use of HRET funds for the revision of the

remaining 75% counter-protested precincts was not illegal, much less violative of
Article 220 of the Revised Penal Code. xxx xxx xxx Such disbursement could not be
deemed a giving of unwarranted benefit, advantage or preference to a party since
the benefit would actually redound to the electorate whose true will must be
determined. Suffrage is a matter of public, not private, interest. The Court
declared in Aruelo, Jr. v. Court of Appeals, 227 SCRA 311 (1993), that "[o]ver and
above the desire of the candidates to win, is the deep public interest to determine
the true choice of the people." Thus, in an election protest, any benefit to a
party would simply be incidental. (Duen'as, Jr. vs. HRET, G.R. No. 185401, July 21,
2009, 593 SCRA 316.)
§3 There can be no doubt that the coming 10 May 2010 elections is a matter of great
public concern. On election day, the country's registered voters will come out to
exercise the sacred right of suffrage. Not only is it an exercise that ensures the
preservation of our democracy, the coming elections also embodies our people's last
ounce of hope for a better future. It is the final opportunity, patiently awaited
by our people, for the peaceful transition of power to the next chosen leaders of
our country. If there is anything capable of directly affecting the lives of
ordinary Filipinos so as to come within the ambit of a public concern, it is the
coming elections, more so with the alarming turn of events that continue to unfold.
The wanton wastage of public funds brought about by one bungled contract after
another, in staggering amounts, is in itself a matter of grave public concern.
(Guingona, Jr. vs. COMELEC, G.R. No. 191846, Resolution, May 6, 2010, 620 SCRA
448.)
3. Election
§1. In this jurisdiction, an election means "the choice or selection of candidates
to public office by popular vote," through the use of the ballot, and "the elected
officials of which are determined through the will of the electorate." An election
is the embodiment of the popular will, the expression of the sovereign power of the
people. Specifically, the term election, in the context of the Constitution, may
refer to the conduct of the polls, including the listing of voters, the holding of
the electoral campaign, and the casting and counting of votes. (O'Hara vs. COMELEC,
G.R. Nos. 148941-42, March 12, 2002, 379 SCRA 247.)

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