Basher v.

COMELEC

Facts:
Failure of elections in Barangay Maidan, Lanao del Sur happened
twice (May and June 1997), and a special elections was scheduled for
August 30. During the said election, voting started only around 9:00
pm because of the prevailing tension in the said locality. Election
Officer Diana Datu-Imam claimed that the town mayor was too
hysterical, yelled and threatened her to declare failure of election in
Maidan as the armed followers pointed their guns at her and her
military escorts responded in the same manner. With the arrival of
additional troops, the election officer proceeded to Maidan to conduct
the election starting at 9:00 pm until the early morning of the following
day at the residence of the former mayor.
The tally sheet showed that Ampatuan got 250 votes; Basher got
15 votes and Razul got 10 votes. Ampatuan was proclaimed winner.
Basher now assails the validity of the COMELEC Resolution dismissing
the Petition to Declare Failure o Election and to Call Special Election in
Precinct No. 12 Baranggay Maidan.

Issue:
Whether there was failure of election

Held:

Yes. There was a failure of election. This notwithstanding, there

was an invalid postponement of election.

First, the place where the voting was conducted was illegal.
Omnibus Election Code provides that election tellers shall designate
the public school or ay public building within the Barangay to be used
as polling place, election was held in the residence of the former
mayor which is located in Barangay Pandarianao. Second, the law
provides that the casting of votes start at 7 am and end at 3 pm
except when there are voters present within 30 meters in front of the
polling place who have nor yet cast their votes. Election was held after
9:00 pm until the wee hours the following day, certainly such was not
in accordance with the law. Third, Election Day was invalid because
suspension of postponement of election is governed by law and it
provides that when for any serious cause such as rebellion,
insurrection, violence, terrorism, loss or destruction of election
paraphernalia and any analogous causes such nature that the free,
orderly and honest election should become impossible the COMELEC
motu proprio or upon written petition by 10 registered voter after
summary proceedings shall suspend or postpone the proceedings. The
election officer is without authority to declare a failure of election for it
is only the COMELEC itself has legal authority to exercise such
awesome power. Election Officer did not follow the procedure for he
postponement or suspension or declaration of failure of election. She
did not conduct any proceeding summary or otherwise to find out any
legal grounds for the suspension or postponement or declaration of
failure of election. Finally, the electorate was not given ample notice of
the exact schedule and venue of the election, mere announcement
over the mosque is insufficient.