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No. Supreme Court ruled that said 10 day period may be suspended as
provided for in Sec. 243 being (a) Illegal composition or proceedings
of the board of canvassers;(b) The canvassed election returns are
incomplete, contain material defects, appear to be tampered with or
falsified, or contain discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sections 233, 234, 235 and
236 of this Code;(c) The election returns were prepared under duress,
threats, coercion, or intimidation, or they are obviously manufactured
or not authentic; and(d) When substitute or fraudulent returns in
controverted polling places were canvassed, the results of which
materially affected the standing of the aggrieved candidate or
candidates. Going back to Abayons petition, it dwells on declaration
of failure of elections, exclusion for canvass, and a petition to annul
proclamation which he asserts as pre-proclamation issues.
The Supreme Court reasoned that the enumeration in Sec. 243 is
restrictive and exclusive. That in absence of any clear proof that
election returns canvassed are incomplete, have material defects,
tampered and falsified, and contain discrepancies, petition cannot be
properly considered as a pre-proclamation issue.