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Brillantes v.

COMELEC

G.R. No. 163193 June 15, 2004

Facts:

Congress enacted R.A. No. 8436 authorizing COMELEC to use an automated election system for
the process of voting, counting of votes and canvassing/consolidating the results of national and local
elections. COMELEC subsequently approved the Resolution No. 6712 adopting the policy that the
precinct election results of each city and municipality shall be immediately transmitted electronically in
advance to the COMELEC in Manila. Petitioners questioned the constitutionality of the quick count as
being preemptive of the authority vested in Congress to canvass the votes for the President and Vice-
President under Article VII, Section 4 of the Constitution.

Issues:

Whether or not COMELEC may conduct “unofficial” tabulation of presidential election results
based on a copy of the election returns.

Held:

No. The assailed resolutions usurps, under the guise of an “unofficial” tabulation of election
results based on a copy of the election results, the sole and exclusive authority of Congress to canvass
the votes for the election of President and Vice-President.

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