Soliva vs COMELEC

GR No. 141723 April 20, 2001

Facts:
Petitioners and private respondents vied for local posts in Remedios T. Romualdez
(RTR), Agusan del Norte during the 1998 elections. Petitioners belonged to LakasNUCD party, while private respondents ran under the Laban ng Makabayan Masang
Pilipino (LAMMP) banner.
After election day, all the LAKAS candidates were proclaimed as winning candidates. Six
days after that, p.respondent Bacquial filed a petitions to declare a failure of elections
due to massive fraud, terrorism, ballot switching, stuffing of ballot boxes, delivery of
ballot boxes by petitioner Soliva, his wife and men from several precincts to the
supposed canvassing area, failure of the counting of votes in the precincts or polling
places, and other anomalies or irregularities. Baludio, one of Solivas men, allegedly
attempted to assassinate Bacquial when he was about to case his vote. This petition
was amended to include the other candidates under LAMMP.
COMELEC granted the petition and declared a failure of elections in RTR. COMELEC
likewise declared the proclamation of winners to be null and void. COMELEC called for a
special election.
Petitioners filed this present petition for certiorari and prohibition attributing grave abuse
of discretion amounting to lack of, or in excess of, jurisdiction to COMELEC, when,
without any formal proceedings and absent any formal presentation of evidence and
witnesses, it declared a failure of elections. SolGen maintains that the declaration is
proper because of the grounds stated by private respondents.
Issue:
Whether COMELEC erred in declaring a failure of election in the entire municipality of RTR
Held:
The COMELEC did not err, did not commit grave abuse of discretion; the petition was
dismissed.
The 1987 Constitution vested upon the COMELEC the broad power to enforce all the
laws and regulations of the conduct of elections as well as the plenary authority to
decide all questions affecting elections, except the question as to the right to vote.
(plenary full, entire, complete)
Section 4 of RA 7166 provide that the postponement, declaration of failure of elections
and the calling of special elections shall be decided by COMELEC sitting en banc by a
majority vote.
Section 6 of the Omnibus Election Code contemplates 3 instances when the COMELEC
may declare a failure of election and call for the holding of a special election:
o when the election in any polling place has not been held on the date fixed due to
force majeure, violence, terrorism, fraud or other analogous cases
o when the election in any polling place had been suspended before the hour fixed
by law for the closing of voting
o when after the voting and during the preparation and the transmission of the
election returns or in the custody or canvass thereof, such election results in a
failure to elect
The SC agrees with the findings of COMELEC that there was a failure of election. The
counting of the votes and the canvassing of election returns were clearly attended by

fraud, intimidation, terrorism and harassment. Findings of fact of administrative bodies

charged with a specific field of expertise are afforded great weight and respect by the
courts.
Petitioners did not assail the claim that the counting of votes was transferred from the
polling place to the multi-purpose gymnasium without the knowledge of private
respondents. They were done without the accredited watchers or duly authorized
representatives of private respondents. They likewise did not deny that the transfer of
the counting was without the authority of COMELEC as required by law. The provisions
in COMELEC resolution no. 2971 state that the counting of votes should be in the polling
place and conducting without interruption, and that if the counting of votes were to be
transferred to a safer place, it should be effected through an unanimous approval of the
Board of Election Inspectors (BEI) and concurred by the majority of watchers present.
These sections were violated. These provisions emphasize the need to safeguard the
popular will.
Petitioners did not submit any counter affidavits to rebut the sworn statements submitted
by the witnesses for the private respondents. The elections cannot be accorded
regularity and validity. The circumstances constitute a failure of election, and thus,
COMELEC is empowered to annul the election and call for a special election.