There is no constitutional or statutory basis for Comelec to undertake a separate and an “unofficial” tabulation of, results, whether manually or electronically. By conducting such “unofficial” tabulation, the Comelec descends to the level of a private organization, spending public funds for the purpose. This not only violates the exclusive prerogative of NAMFREL to conduct an “unofficial” count, but also taints the integrity of the envelopes containing the election returns and the election returns themselves. Thus, if the Comelec is proscribed from conducting an official canvass of the votes cast for the President and Vice-President, the Comelec is, with more reason, prohibited from making an “unofficial” canvass of said votes.
The assailed resolution usurps, under the guise of an unofficial tabulation of election results based on a copy of the election returns, the sole and exclusive authority of Congress to canvass the votes for the election of President and Vice-President. Article VII, Section 4 of the Constitution provides in part:
The returns of every election for President and Vice-President duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. (Brillantes vs. Comelec, G.R. No. 163193, June 15, 2004)
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