During the canvass of the province-wide votes by the PBC, the lawyers of Ong and Jumamil objected to the certificates of canvass from various towns, claiming that they were based on manufactured, spurious or fake election returns.
The provincial board of canvassers overruled the objections and proclaimed Daza and Abayon as winners in the 2001 elections. Both assumed office on June 30 while Ong and Jumamil appealed to the Comelec.
In denying the appeal, the Comelec ruled that Ong and Jumamil had failed to substantiate their allegations.
"The petitioners failed to support their allegations whether by documentary or testimonial evidence. Considering the summary nature of a pre-proclamation controversy, we resolve the instant appeal on the basis of the evidence and arguments submitted by the parties. We have no other recourse but to deny the instant appeal," the Comelec said. — Miriam Garcia Desacada