Case Digest: Brillantes v Comelec

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

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 Resolution 6712 adopting the policy that the precint 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 quickcount 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 Constitutuion. 

DECISION:  No 

RATIO DECIDENDI:  The assailed resolution 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.