ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
ELECTION CONTESTS 17 BEAGAN V. BORJA
16 TOMARONG V. LUBGUBAN
269 SCRA 624
(TAN, L.)
FACTS:
Several candidates including Tomarong were defeated in the 1994 Barangay
Elections in Siquijor. They all filed an election protest before the respective
MCTCs. The winning candidates filed their answers praying that the petitions be
dismissed based on the affirmative defense that the protestants failed to attach to
their petitions the required certification on non-forum shopping as provided for in
SC-AC No. 04-94.
The MCTC initially ruled to dismiss but deferred t o the Secretary of Justice who
then deferred to the Court Administrator who ruled that the certification on non-
forum shopping should be required in elections contests before the MTCs. Thus
this petition under Rule 65.
HELD:
The requirement of the certification of non-forum shopping is required for election
contests.
Yes. The Court, citing Loyola v. Court of Appeals, said that: We do not agree that
SC-AC No. 04-94 is not applicable to election cases. There is nothing in the
Circular that indicates that it does not apply to election cases. On the contrary, it
expressly provides that the requirements therein, which are in addition to those in
pertinent provisions of the Rules of Court and existing circulars, shall be strictly
complied with in the filing of complaints, petitions, applications or other initiatory
pleadings in all courts and agencies other the Supreme Court and the Court of
Appeals. Ubi lex non distinguit nec nos distinguire debemus.
In this case, the petitioners filed the required certification 18 days after filing their
petitions. It cannot be considered substantial compliance with the requirements of
the Circular. Quite obviously, the reglementary period for filing the protest had, by
then, already expired. Petition dismissed.
Note: There can be substantial compliance even after a motion to dismiss has been
filed on the ground of lack of certificate of non-forum shopping but it must be done
asap (the next day) otherwise the value of the SC Circular would lose its value.
1
261 SCRA 474
(TEEHANKEE)
FACTS:
May 1994. Barangay Elections in Bislig, Tanauan, Leyte
Election protest filed by Arnulfo Santillano, Egonio as protestee, Beegan
as intervenor
About revision of three ballot boxes completed in October 1994, Revision
Committee presented its report to the Court November 3, 1994
Problem arises when the abovementioned ballots were reopened for
Xeroxing purposes for the perusal of the protestees counsel
Office and Court Administrator viewed acts of respondents in effecting the
reopening of the ballot boxes and copying tantamount to misconduct in
office
Balano (clerk of court) and Borja believed in good faith that they had the
authority to allow such.
HELD:
Photocopying of ballots is not tantamount to misconduct in office.
As long as no tampering or alteration was manifest in
Xeroxing/photocopying of court records, no liability attaches to anyone.
Respondents are exonerated.
18 FERMO V. COMELEC
328 SCRA 52
(VALDEZ)
FACTS:
LAXINA and FERMO- candidates for the position of Punong Brgy. in
QC. (1997 elections) LAXINA was proclaimed winner
FERMO- filed election protest question results in 4 clustered precincts on
ground of massive fraud and serious irregularities.
MTC: ruled FERMO won the contested post (in 1999) and granted a
motion for execution pending appeal. COMELEC reversed on ground that
the possibility that the term of contested seat might expire by the time
appeal is decidednot a good reason to warrant execution pending
appeal.
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ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
HELD:
A motion for executing pending appeal on ground of term expiration is not good
reason for issuance.
Sec. 2, Rule 39 Rules of Court: court while it has jurisdiction and possession of
original record in its discretion, order execution of judgment or final order even
before expiration of the period to appeal
Exercise of discretion requires that it is based on good reasons
(combination of 2 or more will suffice):
1. PUBLIC INTEREST INVOLVED OR WILL OF HELD:
ELECTORATE
2. SHORTNESS of remaining portion of term of contested office
3. LENGTH OF TIME that election contest has been PENDING
Shortness of remaining term- not good reason for execution of judgment
pending appealRA 8524: extended term of office of Brgy. officials to 5
years (negates claim of FERMO
Upon nullification of writ of execution pending appeal, decision of
FERMOs proclamation as winner was stayedstatus quo (last actual
peaceful uncontested situation preceding the controversy) restored
LAXINA: entitled to discharge functions
19 SAQUILAYAN V. COMELEC
416 SCRA 658
(DINO)
FACTS:
1. SAQUILAYAN and JARO were candidates for the Office of Municipal
Mayor of Imus, Cavite.
2. SAQUILAYAN was proclaimed winner.
3. JARO instituted an Election Protest Case before the RTC, contesting the 20
results of all 453 election precincts. He alleges the ff:
a. Votes in favor of JARO were considered stray
b. Ballots and votes were misappreciated (considered null and
void, or counted in favor of SAQUILAYAN) FACTS:
c. Votes that were void (containing stickers or markings) were
counted in favor of SAQUILAYAN, etc..
4. SAQUILAYAN filed a Motion to Dismiss, which was denied by the RTC.
5. Questioning the denial of his Motion to Dismiss, the COMELEC
(Division) ruled in favor of SAQUILAYAN and ordered the dismissal of
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2
the election protest. It ruled that JAROs allegations failed to state a cause
of action, on the basis of Pena v. HRET.
* Pena v. HRET held that the bare allegations of massive fraud,
widespread intimidation and terrorism, without specification and
substantiation of where and how these occurrences took place, render the
protest fatally defective.
6. Upon reconsideration sought by JARO, the COMELEC En Banc,
SAQUILAYANs Motion to Dismiss was again dismissed, and the
Election Protest Case was ordered to proceed.
1. The present case is similar to Miguel v. COMELEC, which the
COMELEC En Banc used as basis in ordering the Election Protest Case to
proceed.
2. IN both cases, the protestants questioned all the precincts in their
respective municipalities.
3. As Miguel v. COMELEC is more recent than Pena v. HRET (as used by
the COMELEC Division), then the former should prevail in case of a
conflict.
4. Furthermore, election contests involve public interest. Technicalities and
procedural barriers should not be allowed to stand if they constituted an
obstacle to the determination of the true will of the electorate.
5. Laws governing election contests must be liberally construed to the end
that the will of the people in the choice of public officials may not be
defeated by mere technical objections.
6. Allowing the election protest to proceed would be the best way of
removing any doubt as to who was the real candidate chosen by the
electorate.
7. Decision of COMELEC En Banc affirmed.
SANTOS V. COMELEC
399 SCRA 611
(PADLAN)
Petitioner (SANTOS) and Respondent (PANULAYA) were both candidate for
MAYOR of the Municipal of Balingoan, Misamis Oriental in the May 14, 2001
elections.
MUNICIPAL Board of Canvassers (MBC) proclaimed PANULAYA as
Mayor.
ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
SANTOS filed an ELECTION PROTEST in the RTC.
RTC found that SANTOS obtained 76 votes more than PANULAYA. RTC
declared SANTOS as winner. RTC voided MBCs proclamation in favor of
PANULAYA.
SANTOS filed a MOTION FOR EXECUTION PENDING APPEAL with the
RTC.
PANULAYA APPEALED the RTC declaration in favor of SANTOS to the
COMELEC.
COMELEC issued INJUNCTION against RTC to refrain from acting on
motion for execution pending appeal.
RTC APPROVED motion for execution pending appeal.
SANTOS took OATH of office and ASSUMED duties and functions of his
office.
PANULAYA filed with COMELEC a PETITION FOR STATUS QUO
ANTE.
COMELEC ISSUED ORDER directing parties to MAINTAIN STATUS
QUO ANTE, at the same time ENJOINING SANTOS from assuming functions
of mayor.
HELD:
Mere filing of a notice of appeal does not divest the trial court of its jurisdiction over
the case and to resolve pending incidents such as motions for execution pending
appeal.
The following constitute good reasons and a combination of two or more of them
will suffice to grant execution pending appeal: (1) public interest involved or will of
the electorate; (2) the shortness of the remaining portion of the term of the contested
office; and (3) the length of time that the election contest has been pending.
The trial in the RTC took more than a year, while the three-year term of the Office of
the Mayor continued to run. The will of the electorate, as determined by the trial
court in the election protest, had to be respected and given meaning.
Between the determination by the trial court of who of the candidates won the
elections and the finding of the Board of Canvassers as to whom to proclaim, it is
the courts decision that should prevail.
All that was required for a valid exercise of the discretion to allow execution
pending appeal was that the immediate execution should be based "upon good
3
reasons to be stated in a special order." The rationale why such execution is allowed
in election cases is to give as much recognition to the worth of a trial judges
decision as that which is initially ascribed by the law to the proclamation by the
board of canvassers.
Why should the proclamation by the board of canvassers suffice as basis of the right
to assume office, subject to future contingencies attendant to a protest, and not the
decision of a court of justice? Indeed, when it is considered that the board of
canvassers is composed of persons who are less technically prepared to make an
accurate appreciation of the ballots, apart from their being more apt to yield to
extraneous considerations, and that the board must act summarily, practically racing
against time, while, on the other hand, the judge has benefit of all the evidence the
parties can offer and of admittedly better technical preparation and background,
apart from his being allowed ample time for conscientious study and mature
deliberation before rendering judgment, one cannot but perceive the wisdom of
allowing the immediate execution of decisions in election cases adverse to the
protestees, notwithstanding the perfection and pendency of appeals therefrom, as
long as there are, in the sound discretion of the court, good reasons therefor.
To deprive trial courts of their discretion to grant execution pending appeal would
bring back the ghost of the "grab-the-proclamation-prolong the protest" techniques
so often resorted to by devious politicians in the past in their efforts to perpetuate
their hold to an elective office. This would, as a consequence, lay to waste the will
of the electorate.
ELECTION OF PRESIDENT AND VICE-PRESIDENT
21 DEFENSOR-SANTIAGO V. RAMOS
253 SCRA 559
(CONCEPCION)
FACTS:
This is an original action filed before the SC acting as a Presidential Electoral
Tribunal.
Miriam Defensor-Santiago (DS) ran for presidency in the 1992 National Elections.
She lost, but filed this present protest against the winner, Pres. FV Ramos.
Subsequently however, she ran for Senator in the 1995 Senatorial elections. She won
and assumed office as Senator in 1995. Considering this factual milieu, the issues
revolve on whether this present electoral protest would still be valid, even after the
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ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST) 4

protestant has already assumed office as Senator, noting that should she win this parties participating in the system to obtain at least 2% of the total votes cast for the
protest, her term as president would coincide with her term as senator, which she is party list system to be entitled to a party-list seat. Congress wanted to ensure that
now in. Now, in 1996, the SC as PET decides the case. only those parties having a sufficient number of constituents deserving of
representation are actually represented in Congress.
HELD:
There was abandonment of protest. **NOTES:
determination of total number of party-list representatives=
Yes. DS filed her certificate of candidacy to run for senator without qualification or
reservation. In doing so, she entered into a political contract with the electorate, that, # districtrepresentatives
if elected, she would assume the office as senator. This is in accord with the
.20
.80
constitutional doctrine that a public office is a public trust. In assuming the office of
Senator, she has effectively abandoned her determination to pursue this present
additional
representatives of first party=
#ofvotesoffirstparty
protest. Such abandonment operates to render this protest moot.
# ofvotesofpartylistsystem
Also, the PET issued a resolution ordering the protestant to inform the PET within seats for
additional # votesofconcernedparty
additionalseatsforconcernedparty
10 days if after the completion of the revision of the ballots from her pilot areas, she concerned party= # votesoffirstparty
still wishes to present evidence. Since DS has not informed the Tribunal of any such
intention, such is a manifest indication that she no longer intends to do so.
23 ANG BAGONG BAYANI V. COMELEC
ELECTION OF MEMBERS OF CONGRESS, LOCAL OFFICIALS, AND 359 SCRA 698
MEMBERS OF THE REGIONAL ASSEMBLY OF THE AUTONOMOUS
(ENRIQUEZ)
REGIONS; THE PARTY-LIST SYSTEM
FACTS:
22 VETERANS FEDERATION PARTY V. COMELEC The Omnibus Resolution No. 3785 issued by the COMELEC is challenged insofar
342 SCRA 244 as it approves the participation of 154 organizations and parties in the 2001 party-list
(AGUINALDO) elections. Petitioners seek the disqualification of private respondents as the party-list
system was intended to benefit the marginalized and underrepresented and not the
FACTS: mainstream political parties.
Respondent proclaimed 14 party-list representatives from 13 parties which obtained
at least 2% of the total number of votes cast for the party-list system as members of The COMELEC received several petitions for registration filed by sectoral parties,
the House of Representatives. Upon petition for respondents, who were party-list etc. for the 2001 elections. The COMELEC allege that verifications for the
organizations, it proclaimed 38 additional party-list representatives although they qualifications of these parties take a long process and as a result the 2 divisions
obtained less than 2% of the total number of votes cast for the party-list system on promulgated a separate Omnibus Resolution and individual resolution on political
the ground that under the Constitution, it is mandatory that at least 20% of the parties only on February 10, 2001. Before the February 12, 2001 deadline, the
members of the House of Representatives come from the party-list representatives. registered parties and organizations filed their Manifestations, stating their intention
to participate in the party-list elections. The COMELEC approved the
HELD: Manifestations of 154 parties and organizations but denied those of several others.
It is not mandatory. It merely provides a ceiling for the party-list seats in the House
of Representatives. The Constitution vested Congress with the broad power to ACAP filed before the COMELEC a petition praying that the names of some
define and prescribe the mechanics of the party-list system of representatives. In the respondents be deleted from the Certified List of Political PartiesParticipating in
exercise of its constitutional prerogative, Congress deemed it necessary to require the Party List System for the May 14, 2001 Elections. It also prayed that the votes

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ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
cast for the said respondents be not counted or canvassed and that the latters
nominees not be proclaimed. Bayan Muna and Bayan Muna-Youth also filed a
similar petition against some of the respondents.
ISSUE 1: WON political parties may participate in the party-list elections
The SC held that under the Constitution and RA 7941, private respondents cannot be
disqualified from the party-list elections, merely on the ground that they are political
parties. Sec. 7 and 8, Article IX-C provides that political parties may be registered
under the partylist system. In the ConCom deliberations, Com. Monsod stated that
the purpose of the party-list provision was to open up the system, in order to give a
chance to parties that consistently place 3rd or 4th in congressional district elections to
win a seat in Congress. Sec. 3 of RA 7941 provides that a party is either a
political party or a sectoral party or a collation of parties. Sec. 11 of the same Act
leaves no doubt as to the participation of political parties in the party-list system.
Indubitable, political parties even the major ones-may participate in the party-list
elections.
ISSUE 2: WON the party-list system is exclusive to marginalized and
underrepresented sectors and organizations
For political parties to participate in the party-list elections their requisite character
must be consistent with the purpose of the party-list system in the Constitution and
RA 7941. The purpose of the party-list system is to give genuine power to our
people in Congress. However, the constitutional provision is not self-executory,
hence RA 7941 was enacted.
Proportional representation does not refer to the number of people in a particular
district, because the party-list election is national in scope. It refers to the
representation of the marginalized and underrepresented as exemplified in Section 5
of the Act. The party-list organization must factually and truly represent the
marginalized and underrepresented constituencies. The persons nominated to the
party-list system must also belong to the underrepresented and marginalized sectors,
organizations and parties.
Lack of well-defined constituency refers to the absence of a traditionally identifiable
electoral group. It points to those with disparate interests defined with the
marginalized and underrepresented. In the end, the COMELECs role is to see to it
that only those Filipinos who are marginalized and underrepresented become
members of Congress under the party-list system. Not all sectors can be represented
under the party-list system. The law crafted to address the peculiar disadvantages of
5
Payatas hovel dwellers cannot be appropriated by the mansion owners of Forbes
Park. While the mega-rich are numerically speaking, a minority, they are neither
marginalized nor underrepresented. It is illogical to open the system to those who
have long been within it those privileged sectors that have long dominated the
congressional district elections.
The SC held that it cannot allow the party-list system to be sullied and prostituted by
those who are neither marginalized nor underrepresented.
Mendoza, dissenting: The text of Art. VI, Sec. 5(1)(2) provides for a party-list system
of registered, regional and sectoral parties or organizations, and not for sectoral
representation. It provides for no basis for petitioners contention that whether it is
sectoral representation or party-list system the purpose is to provide exclusive
representation for marginalized sectors. The Record of the ConCom speaks clearly
against the petitioners assertion. Two proposals for additional representation in the
House of Representatives were submitted namely, sectoral representation and party-
list system. These two are not the same. In the end, the ConCom chose the party-list
system. In choosing this system, the ConCom did not intend to reserve the party-list
system to the marginalized or underrepresented. In fact, the party-list system
mandates the opposite.
Furthermore, Justice Mendoza holds that the majority misapprehended the meaning
of Section 2 of RA No. 7941. The provision states that the purpose of the party-list
system is to promote promotional representation in the election of representatives in
the House of Representatives. To this end, a full, free and open party system is
guaranteed to obtain the broadest possible representation of a party, sectoral or
group interests in the House of Representatives. While the representation of the
marginalized and underrepresented sectors is a basic purpose of the law, it is not its
only purpose.
ISSUE 3: WON the COMELEC committed grave abuse of discretion in
promulgating Omnibus Resolution No. 3785
The SC held that it is proper to remand the case to the COMELECT to determine
whether the 154 parties and organizations allowed to participate in the party-list
elections comply with the requirements of the law. In light of this, the SC provides
for guidelines to assist the COMELEC in its work. (1) The political partymust
represent the marginalized and underrepresented groups identified in Section 5 of
RA 7941, (2) Even if major political parties are allowed to participate in the party-
list system, they must comply with the declared statutory policy of enabling Filipino
citizens belonging to marginalized and underrepresented sectors to be elected to the
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ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
House of Representatives, (3) a party or an organization must not be disqualified
under Section 6 of the Act which enumerates the grounds for disqualification, (4) the
party or organization must not be an adjunct of, or a project organized or an entity
funded or assisted by the government, (5) party must not comply with the
requirements of the law, (6) not only the candidate party or organization must
represent marginalized and underrepresented sectors, so also must its nominees, (7)
the nominee must likewise be able to contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a whole.
24 ANG BAGONG BAYANI V. COMELEC
GR 147589, JANUARY 29, 2002
(ENRIQUEZ)
FACTS:
The COMELEC issued a TRO against the proclamation of APEC, CIBAC and
AMIN because they failed to meet the 8-point guidelines set forth by this Court. The
COMELEC found that APEC was merely an arm of the Philippine Rural Electric
Cooperative, Inc. (PHILRECA) and that it did not truly represent the marginalized
sectors of society, CIBAC was reported to be merely an extension of the Jesus Is
Lord (JIL) religious movement and did not represent the interest of the marginalized
and underrepresented sectors of society and that Anak Mindanao (AMIN) was listed
as having obtained only 1.6865% of the total votes cast for the party-list system, not
sufficient to meet the 2% required no. of votes.
ISSUE:
WON APEC, CIBAC and AMIN should be proclaimed winners aside from those
already validly proclaimed by the earlier Resolutions of the SC.
RULING:
AMIN did not get more than two percent of the votes cast.
APEC and CIBAC have sufficiently met the 8-point guidelines of his Court and
have sufficient votes to entitle them to seats in Congress. Issues are factual in
character, Commissions findings are adopted, absent any patent arbitrariness or
abuse or negligence in its action. No substantial proof that CIBAC is merely an arm
of JIL, or that APEC is an extension of PHILRECA. The OSG explained the these
are separate entities with separate memberships. Although APECs nominees are all
professionals, its membership is composed not only of professionals but also of
peasants, elderly, youth and women. APEC addresses the issues of job creation,
poverty alleviation and lack of electricity. CIBAC is composed of he
6
underrepresented and marginalized and is concerned with their welfare. CIBAC is
particularly interested in the youth and professional sectors.
TRO partially lifted with regard to APEC and CIBAC.
25 ANG BAGONG BAYANI V. COMELEC
GR 147589, APRIL 10, 2002
(ENRIQUEZang bagong bayani ng 2D!)
The COMELEC determined that the following party-list participants, despite their
having obtained at least 2% of the total votes cast, have failed to meet the 8-point
guidelines set forth in our Decision: Mamamayan Ayaw sa Droga (MAD),
Association of Philippine Electric Cooperatives (APEC), Veterans Federation Party
(VFP), Abag Promdi (PROMDI), Nationalist Peoples Coalition (NPC), Lakas
NUCD-UMDP, and Citizens Battle Against Corruption (CIBAC).
The OSG, acting on behalf of the Comelec, in its Consolidated Reply dated October
15, 2001 and in a Manifestation dated December 5, 2001, modified its position and
recommended that APEC and CIBAC be declared as having complied with the 8-
point guidelines
ELECTION OF LOCAL OFFICIALS
26 OCCEA V. COMELEC
127 SCRA 404
(ZUIGA)
FACTS:
Samuel Occena filed a petition for prohibition to declare as
unconstitutional the provisions in the Barangay Election Act of 1982 (BP
222) which prohibited:
o any candidate in the 1982 barangay election from representing
himself as a member of a political party;
o the intervention of political parties in a candidate's nomination
and filing of his certificate of candidacy; and
o the giving of aid or support of political parties for or against a
candidate's campaign
Occena prayed that the 1982 elections be declared null and void, and new
barangay elections held without the ban on the involvement of political
parties
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ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
In 1982 the court considered the Comments of the Solicitor General as an
Answer
Note that the decision in the case was delayed because all the Justices
resigned on May 1982 (*SC trivia: over allegations that the bar exam
results of Justice Ericta's son were changed in his favor - there was pre-
decoding of his grades before official decoding and publication)
HELD:
The ban on the intervention of political parties in the election of barangay officials is
NOT violative of the constitutional guarantee of the right to form associations and
societies for purposes not contrary to law.
Under the Barangay Election Act of 1982, the right to organize is intact. Political
parties may freely be formed although there is a restriction on their activities, i.e.,
their intervention in the election of barangay officials on May 17, 1982 is prescribed.
But the ban is narrow, not total. It operates only on concerted or group action of
political parties. The ban against the participation of political parties in the barangay
election is an appropriate legislative response to the unwholesome effects of partisan
bias in the impartial discharge of the duties imposed on the barangay and its officials
as the basic unit of our political and social structure. It would definitely enhance the
objective and impartial discharge of their duties for barangay officials to be shielded
form political party loyalty.
Some reasons for the restriction:
- "the barangay is the basic unit not only of our social structure but also of our
political structure. It would be a more prudent policy to insulate the barangays from
the influence of partisan politics. The barangays, although it is true they are already
considered regular units of our government, are non-partisan; they constitute the
base of the pyramid of our social and political structure, and in order that base will
not be subject to instability because of the influence of political forces, it is better
that we elect the officials thereof through a non-partisan system." (Deliberations on
Parliamentary Bill 2125 which later became BP Blg. 222)
- The Barangay Captain and the Barangay Council, apart from their legislative and
consultative powers, also act as an agency for neutral community action such as the
distribution of basic foodstuff and as an instrument in conducting plebiscites and
referenda.
- The Barangay Captain, together with the members of the Lupon Tagapayapa
appointed by him, exercises administrative supervision over the barangay
conciliation panels in the latter's work of settling local disputes. The Barangay
7
Captain himself settles or helps settle local controversies within the barangay either
through mediation or arbitration.
The case of Imbong v. COMELEC also involved the restriction as that prescribed in
Sec. 4 of BP 222. In upholding the constitutionality of what was then Sec. 8(a) of
Republic Act No. 6132, the court said that "While it may be true that a party's
support of a candidate is not wrong per se, it is equally true that Congress in the
exercise of its broad law-making authority can declare certain acts as mala prohibita
when justified by the exigencies of the times." The primary purpose of the
prohibition was to avoid the denial of the equal protection of the laws. The sponsors
of the provision emphasized that under this provision, the poor candidate has an
even chance as against the rich candidate. Equality of chances may be better attained
by banning all organization support. The ban was to assure equal chances to a
candidate with talent and imbued with patriotism as well as nobility of purpose, so
that the country can utilize their services if elected.
Fernando's Concurring Opinion:
Test of the permissible limitation on freedom of association: How should the
limitation 'for purposes not contrary to law' be interpreted? It is submitted that it is
another way of expressing the clear and present danger rule for unless an association
or society could be shown to create an imminent danger to public safety, there is no
justification for abridging the right to form associations or societies."
Teehankee's Dissenting Opinion:
The restriction denies "non-political" candidates the very freedoms of effectively
appealing to the electorate through the public media and of being supported by
organized groups that would give them at least a fighting chance to win against
candidates of the political kingpins. The political bigwigs are meanwhile left to give
their "individual" blessings to their favored candidates, which in actuality is taken by
all as the party's blessings.
27 KANDUM V. COMELEC
GR 136969, JANUARY 18, 2000
(CHOTRANI)
FACTS:
Petitioner Amilhamja Kandum and respondent Hadji Gapur Ballaho were candidates
for Punong Barangay in Barangay Look Bisaya, Tipo-Tipo, Basilan in the 1997
barangay elections. Petitioner garnered 61 votes over respondent's 59 votes. When
petitioner was proclaimed the winner by the BBC, respondent filed an election
protest in the MCTC and secured a favorable decision.
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Petitioner appealed the decision to the RTC. But when the RTC dismissed the
appeal for lack of jurisdiction, petitioner filed a notice of appeal to the COMELEC
through the MCTC .
The COMELEC issued a resolution dismissing the appeal for having been filed out
of time. (Appeal was filed 37 days after petitioner received copy of the decision of
the MCTC)
HELD:
RTC doesn't have jurisdiction over election protests involving barangay officials
decided by trial courts of limited jurisdiction.
Exclusive appellate jurisdiction over all contests involving elective barangay
officials decided by courts of limited jurisdiction (the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts) lies with the
COMELEC, not the RTC.
Under paragraph (2), Section 2, subdivision C, Article IX of the Constitution,
Sec. 2. The Commission on Elections shall exercise the following powers and
functions:
xxx
(2) Exercise exclusive . . . appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or involving
elective barangay officials decided by trial courts of limited jurisdiction.
28 BUHISAN V. COMELEC
GR 127328, JANUARY 30, 2001
(PEAFLORIDA)
FACTS:
Petitioner Jane Buhisan and private respondent Gordon Gorospe were candidates for
the position of Sangguniang Kabataan (SK) Chairman of Barangay Poblacion, San
Juan, Siquijor during the May 6, 1996 elections. Buhisan garnered 35 votes against
Gorospe's 34 votes. Buhisan was proclaimed by the Board of Election Tellers as the
duly elected SK Chairman.
8
On May 13 Gorospe filed before the MCTC of Lazi, Siquijor an election protest
which seeks the annulment of the proclamation of Buhisan and to declare the former
the duly elected SK Chairman. MCTC nullified Buhisan's proclamation and declared
Gorospe as the SK Chairman.
Buhisan appealed with the COMELEC. Electoral Contests Adjudication Department
of COMELEC returned the appeal. A motion for reconsideration was filed. Also,
Buhisan re-filed with the COMELEC her appellant's brief insisting that public
respondent take cognizance of her appeal.
COMELEC dismissed the appeal and informed Buhisan that the MCTC decision in
the election protest may only be elevated to the Commission en banc via a petition
for review and not by ordinary appeal.
HELD:
The COMELEC didn't commit any grave abuse of discretion with dismissing the
appeal due a mere technicality.
Section 49 of COMELEC Resolution No. 2824 dated February 6, 1996, governing
the conduct of Sangguniang Kabataan elections provides:
Sec.49. Finality of Proclamation.-The proclamation of the winning candidate shall
be final. However, the Metropolitan Trial Courts/Municipal Trial Courts/Municipal
Circuit Trial Courts shall have original jurisdiction over all election protest cases,
whose decision shall be final. The Commission en banc in meritorious cases may
entertain a petition for review of the decision of the MeTC/MTC/MCTC in
accordance with the COMELEC Rules of Procedure. An appeal bond of P2,000.00
shall be required, which shall be refundable if the appeal is found meritorious.
Also, the COMELEC may entertain such petitions only on meritorious gronds. By
prescribing a specific mode to be adopted in assailing the MCTC's decision,
COMELEC is afforted opportunity to examine the allegations on the face jof the
petition if there is a prima facie showing that the MCTC committed an error of fact
or law or gravely abused its discretion to warrant reversal or modification of the
decision. In other words, this manner of appeal is discretionary on the part of the
election tribunal. It is essential that a prior determination be made regarding the
existence of meritorious reasons for the petition. Unlike in ordinary appeals,
acceptance of the petition is not a matter of course. Here an appeal is obviously not
the proper remedy allowed by the COMELEC Rules Accordingly, public respondent
cannot be faulted for grave abuse of discretion in dismissing petitioners appeal
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29 MONTESCLAROS V. COMELEC No one has vested right to any public office, much less vested right to an
382 SCRA 2 expectancy of holding public office
(VALDEZ)
30 MONTESCLAROS V. COMELEC
FACTS: GR 152295, AUGUST 13, 2002
MONTESCLAROS (petitioners), all 20 y.o. claims being in danger of
disqualification to vote and be voted for in the SK elections should it be FACTS:
postponed from original date (MAY 02) to NOV 02
RP Pres. Signed the bill into law postponing the elections HELD:
During pendency of petition Congress enacted RA 9164- synchronization
of brgy. and SK elections on JUL 02; provides that voters and candidates ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
for SK elections must be at least 15 but less than 18 on the day of election
31 RECABO V. COMELEC
308 SCRA 793 (1999)
HELD: (FLORES)
The subject law doesn't disfranchise the petitioners. It also doesn't deprive them of
any property right. FACTS:
This is a petition for Certiorari seeking to annul the Comelecs resolution
SK: youth organization originally established by PD 684 as
cancelling Kaiser Recabos certificate of candidacy for Vice-Mayor in
KABATAANG BARANGAY (KB)composed of all brgy. residents less
Surigao Del Norte
than 18 y.o.
Kaiser Recabo claimed to be LAKAS NUCD-UMDPs official candidate
o LGC renamed KB to SK and limited membership to youths at
to the aforementioned position, substituting his mother Candelaria Recabo
least 15 but not more than 21 yo
Kaiser Recabos certificate of candidacy was only signed by Governor
o SK tasked to enhance social, political, economic, cultural,
Matugas, and not jointly with Robert Barbers (space left blank) as
devt. of youth
intended by the certificate of nomination
No vested right to the permanence of age requirement under LGC; every
On the other hand Respondent Reyes certificate of nomination for Vice-
law passed is always subject of amendment or repeal
mayor was signed by no other than Fidel V. Ramos (National Chairman
o Court cannot restrain Congress from amending or repealing law;
LAKAS) and Jose De Venecia (Secretary General LAKAS)
power to make laws includes power to change laws; Court
cannot direct COMELEC to allow over-aged voters to vote or be
HELD:
voted in an election limited under RA 9164 The certificate of candidacy of petitioner and that of his mother who he substituted
o Congress has power to prescribe qualifications as candidate for Vice Mayor DID NOT substantially complied with the requirements
PETITIONERS: no personal and substantial interest in the SK elections of being official candidates of the LAKAS party.
seeking to enforce right which has been already limited with the passage
of RA 9164ceased to be members of SK and no longer qualified to To allow Recabo to run would put the election process in mockery for we
participate would in effect be allowing an anomalous situation where a single political
o Only those who qualify can contest, based on a statutory party may field in multiple candidate for a singe election position
authority, any act disqualifying themmembership in the SK is
mere statutory right conferred by law

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ELECTION LAW CASE DIGESTS (FROM ELECTION CONTEST)
Lakas designated 2 party officers to issue certificates of nomination,
petitoners nomination was signed only by one, while respondents signed
by Ramos and JDV
Comelec declared petitioners mother as and independent candidate on
account of the invalidity of her nomination, thus there can be no valid
substitution by petitioner for an invalid nomination
Besides, petitioner filed his candidacy out of time for an independent
candidate (although w/n prescriptive period of a substituted candidate,
useless because already adjudged as an invalid nomination and
substitution)
Well-settled certificate filed beyond deadline not valid
But Reyes motion to be declared winner, garnering the second highest
number of votes to Recabo can not be granted, wound be tantamount to
substitution of judgment for the mind of the voter
32 BAUTISTA V. COMELEC
414 SCRA 299
(AQUINO, T.)
FACTS:
HELD:
DISQUALIFICATIONS
33 SOCRATES V. COMELEC
391 SCRA 457
(NEPOMUCENO)
FACTS:
Petitioner is mayor of Puerto Princesa, who was removed from office thru
a recall proceeding initiated by the majority of the incumbent barangay
officials of the city
Petitioner filed a motion to nullify the recall resolution but was dismissed
by the Comelec for lack of merit
Comelec set date for conducting the recall election; former 3 term mayor
Edward Hagedorn files his certificate of candidacy
10
Petitioner Adovo and Gilo files petition before Comelec to disqualify
Hagedorn claiming that he is disqualified from running for a 4th term;
petition was dismissed
HELD:
Hagedorn is qualified to run in the recall election
Art. X Sec. 8 of 1987 Constitution: the term of office of elective local
officials, except barangay officials, which shall be determined by law,
shall be 3 years and no such official shall serve for more than 3
consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Sec. 43 (b) RA 7160: Term of office no local official shall serve for more
than 3 consecutive terms in the same position. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption
in the continuity of service for the full term for which the elective official
was elected
These constitutional and statutory provisions have 2 parts
The first part provides that an elective local official cannot serve ore than
3 consecutive terms
The clear intent is that only consecutive terms count in determining the 3-
term limit rule
The second part states that voluntary renunciation of office for any length
of time does not interrupt the continuity of service
The clear intent is that involuntary severance from office for any length of
time interrupts continuity of service and prevents the service before and
after the interruption from being joined together to form a continuous
service or consecutive terms
After 3 consecutive terms, an elective local official cannot seek immediate
reelection for a fourth term
The prohibited election refers to the next regular election for the same
office following the end of the third consecutive term
Any subsequent election, like a recall election, is no longer covered by the
prohibition for two reasons
First, a subsequent election like a recall election is no longer an immediate
reelection after three consecutive terms
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Second, the intervening period constitutes an involuntary interruption in
the continuity of service
Clearly, the constitution prohibits immediate reelection for a fourth term
following three consecutive terms
The constitution, however, does not prohibit a subsequent reelection for a
fourth term as long as the reelection is not immediately after the end of the
third consecutive term
A recall election midway in the term following the third consecutive term
is a subsequent election but not an immediate reelection after the third
term
Neither does the constitution prohibit one barred from seeking immediate
reelection to run in any other subsequent election involving the same term
of office
What the constitution prohibits is a consecutive fourth term
The prohibited election referred to by the framers of the constitution is the
immediate reelection after the third term, not any other subsequent
election
The framers expressly acknowledged that the prohibited election refers
only to the immediate reelection, and not to any subsequent election,
during the 6 year period following the two term limit
The framers of the constitution did not intend the period of rest of an
elective official who has reached his term limit to be the full extent of the
succeeding term
34 ADORMEO V. COMELEC
376 SCRA 90
(HOSAKA)
FACTS:
Pet Raymundo Adormeo and private resp Ramon Talaga were the only candidates
who filed the certificates of candidacy for mayor of Lucena City in the May 14,
2001 elections. Talaga was then the incumbent mayor.
Adormeo filed a with the Provincial Election Supervisor a Petition To Deny Due
Course to or Cancel Certificate of Candidacy and or Disqualification of Talaga on
the ground that the latter was elected and had served as city mayor for 3 consecutive
terms as follows: 1) election of May 1992 where he served the full term; 2) election
of May 1995, again he served a full term; and 3) in the recall election of May 12,
11
2000 where he served only the unexpired term of Tagarao after having lost to
Tagarao in the 1998 election.
Adormeo contended that Talagas candidacy as Mayor was a violation of Sec 8 Art
X of the Constitution---
Sec. 8. The term of office of elective local officials, except barangay officials,
which shall be determined by law, shall be 3 years and no such official shall serve
for more than 3 consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Talaga claims that he only served for 2 consecutive terms and that his service from
May 2000 was not a full term because he only served Tagaraos unexpired term by
virtue of the recall election. He cites the case of Lonzanida giving 2 conditions for
the disqualification 1) that the official has been elected for 3 consecutive terms in
the same local govt post; and 2) that he has fully served 3 consecutive terms.
Comelec division ruled in favor of Adormeo. Comelec en banc reversed, hence this
petition.
HELD:
Talaga is qualified to run for mayor.
Talaga was not elected for 3 consecutive terms having lost his 3rd bid in the May 11,
1998 elections, said defeat is an interruption in the continuity of his service as city
mayor of Lucena.
The term limit for elective local officials must be taken to refer to the right to be
elected as well as the right to serve in the same elective position.
Talaga was not elected for 3 consecutive terms and for nearly 2 years he was a
private citizen. The continuity of his mayorship was disrupted by his defeat in the
1998 elections. It was only by virtue of the recall that he served Tagaraos unexpired
term. This did not amount to a third full term.
Fr. Bernas comment that if one is elected representative to serve the unexpired
term of another, that unexpired term, no matter how short, will be considered one
term for the purpose of computing the number of successive terms allowed only
pertains to the members of the House of Representatives and not to local govt
officials.
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Neither can Talagas victory in the recall election be deemed as voluntary
renunciation under the Constitution.
35 DIANGKA V. COMELEC
323 SCRA 887
(REYES)
FACTS:
Petitioner Maimona Diangka filed a petition for certiorari questioning the decision
of COMELEC in disqualifying her as candidate for Mayor of Ganassi, Lanao del
Sur. Petitioner was the wife of the incumbent Mayor. Ali Balindong, the other
mayoralty candidate, filed a special action for disqualification against Diangka and
her husband alleging that they committed 2 acts of terrorism:
* First, that they loaded the ballot boxes into an ambulance then subsequently,
through force and threats, made the watchers of Balindong go down from the
vehicle.
* Second, that Diangkas husband went to the voting areas and caused a
commotion that prevented voters from voting.
In the results of the elections, Diangka emerged the winner. COMELEC ordered the
board of canvassers to cease and desist from declaring Diangka as mayor, but that
order came in late and still Diangka was declared mayor. In the hearing for the
disqualification, only Balindong and lawyer appeared, hence COMELEC
disqualified Diangka. Diangka now assails the decision via certiorari, meanwhile
vice-mayor elect Macapodi assumed the mayor position.
HELD:
Diangka can be held liable for the two acts of terrorism of her husband thus, she
could be disqualified by the COMELEC.
1. COMELEC determined that Diangka was at the front seat beside the driver in
the ambulance when the watchers of Balindong were made to go down via threats.
Her excuse that she did not know nor was she in collusion with her husband can not
hold water. First, she admitted that she requested that the driver, after they
threatened the watchers, drop her off at the school. Such shows she had control over
the driver. Second, her mere presence in the ambulance shows that she acquiesced to
her husbands acts and hence guilty also.
12
2. COMELEC determined that it was actually Diangkas husband who caused the
commotion which prevented the voters from voting. While it was not actually
Diangka who committed the acts, she did not prove that her running was not a mere
alter ego of her husband who is in his 3 term as mayor. This together with her
presence in the ambulance makes her guilty of the acts of terrorism in violation of
the Omnibus Election Code.
Note: Grounds for Disqualification (Section 68 of Omnibus Election Code):
a) Giving money or other material consideration to influence, induce or corrupt
the voters or public officials performing electoral functions;
b) Committed acts of terrorism to enhance his candidacy;
c) Spent in his election campaign an amount in excess of that allowed
d) Solicited, received or made any contribution which are prohibited
36 SOON-RUIZ V. COMELEC
GR 144323, SEPTEMBER 5, 2000
(TAN, E.)
FACTS:
Petitioner (SOLLER) and respondent (SAULONG) were both candidates for mayor
of Bansud, Oriental Mindoro.
Municipal board of canvassers proclaimed SOLLER duly elected mayor.
SAULONG filed two actions:
a. COMELEC: petition for annulment of the proclamation/exclusion of
election return
b. RTC: election protest against SAULONG
SOLLER filed motion to dismissCOMELEC granted, RTC denied
The denial by RTC of SOLLERs motion to dismiss was questioned via petition for
certiorari with COMELEC. This certiorari was dismissed by the COMELEC en
banc.
HELD:
1. W/N COMELEC gravely abused its discretion amounting to lack of jurisdiction
in not ordering the dismissal of SAULONGs election protest.
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YES. The decision of the COMELEC en banc is null and void. The authority to
resolve petition for certiorari involving incidental issues of election protest falls
within the division of the COMELEC and not on the COMELEC en banc. The
COMELEC en banc does not have the requisite authority to hear and decide election
cases including pre-proclamation controversies in the first instance. Any decision by
it in the first instance is null and void. If the principal case, once decided on the
merits, is cognizable on appeal by a division of the COMELEC, then, there is no
reason why petitions for certiorari relating to incidents of election protest should not
be referred first to a division of the COMELEC for resolution.
2. W/N RTC committed grave abuse of discretion in failing to dismiss respondents
election protest.
Yes. Close scrutiny of the receipts show that respondent failed to pay the filing fee
of P300. Thus, the trial court did not acquire jurisdiction over respondents election
protest. COMELEC erred in not ordering the dismissal of respondents protest case.
Errors in the payment of filing fees in election cases is no longer excusable.
The protest should have also been dismissed for lack of proper verification
(tantamount to filing an unsigned pleading), and for failure to comply with the
required certification against forum shopping. This requirement is mandatory, and
cannot be excused by the fact that a party has not actually resorted to forum
shopping. Good faith is not an excuse.
Moreover, respondents petition was a pre-proclamation case, which may no longer
be entertained by the COMELEC after the winning candidates have been
proclaimed. By resorting to the wrong remedy, respondent may be claimed to have
abandoned the pre-proclamation case that he filed.
PETITION GRANTED.
37 PAPANDAYAN, JR. V. COMELEC
381 SCRA 133
(BAUTISTA)
FACTS:
Petitioner Papandayan and respondent Balt were contending candidates for
mayor of Tubaran, Lanao del Sur in the May 14, 2001 elections.
COMELEC 2nd Division issued a resolution declaring petitioner to be
disqualified based on affidavits submitted by respondent as evidence;
13
ordered petitioners name to be stricken off the list of candidates and all
votes cast in his favor not to be counted but considered as stray votes.
On election day, petitioner was voted by the electorate as municipal
mayor. The following day, he received a telegram from the COMELEC
notifying him that the COMELEC en banc denied his MR.
Petitioner filed a petition with the COMELEC 1st Division seeking the
issuance of an order directing the Board of Election Inspectors to count
and tally the ballots cast in his favor during the elections pursuant to
COMELEC Resolution 4116. Resolution provides that if the
disqualification case has not become final and executory on the day of the
election, BEI shall tally and count the votes of the candidate declared
disqualified.
Respondent filed pre-proclamation case; COMELEC issued an order
suspending the proclamation of petitioner but despite said order,
Municipal Board of Canvassers still proclaimed petitioner as winner.
Upon motion of respondent, COMELEC 1st Division set aside petitioners
proclamation; COMELEC en banc sustained annulment of proclamation
of petitioner
HELD:
Petitioner shouldn't be disqualified.
# At the time the elections were held in May 14, 2001, the assailed
resolution, had not become final and executory. Hence, the Board of
Election Inspectors (BEI) was duty bound to tally and count the votes cast
in favor of petitioner.
# COMELEC Resolution 4116 pertains to the finality of decisions or
resolutions of the Commission en banc or division, particularly on Special
Actions (Disqualification cases)
# Sec. 13, paragraphs (b) and (c) of said resolution provide: (b) In Special
Actions and Special cases, a decision or resolution of the Commission en
banc shall become final and executory after five (5) days from its
promulgation unless restrained by the Supreme Court. (c) Unless a motion
for reconsideration is seasonably filed, a decision or resolution of a
Division shall become final and executory after the lapse of five (5) days
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in Special Actions and Special cases and after fifteen (15) days in all other
actions or proceedings, following its promulgation.
# COMELEC Resolution 4116 further provides that: 3. where the ground
for the disqualification case is by reason of non-residence, citizenship,
violation of election laws and other analogous cases and on the day of the
election the resolution has not become final and executory, the BEI shall
tally and count the votes of such disqualified candidate.
# Respondent, therefore, is in error in assuming that the issuance of a
temporary restraining order by this Court within five (5) days after the
date of the promulgation of the assailed resolution is the operative act that
prevents it from attaining finality.
# With due regard for the expertise of the COMELEC, we find the
evidence to be insufficient to sustain its resolution. Petitioner has duly
proven that, although he was formerly a resident of the Municipality of
Bayang, he later transferred residence to Tangcal in the Municipality of
Tubaran as shown by his actual and physical presence therein for 10 years
prior to the May 14, 2001 elections.
# The principle of animus revertendi has been used to determine whether a
candidate has an intention to return to the place where he seeks to be
elected. Corollary to this is a determination whether there has been an
abandonment of his former residence which signifies an intention to
depart therefrom.
# Caasi v. Court of Appeals: respondents immigration to the United States
in 1984 constituted an abandonment of his domicile and residence in the
Philippines. Being a green card holder was proof that he was a permanent
resident or immigrant of the United States.
# Co v. Electoral Tribunal of the House of Representatives: this Court,
citing Faypon v. Quirino, applied the concept of animus revertendi or
intent to return, The fact that respondent made periodical journeys to his
home province in Laoang revealed that he always had animus revertendi.
# Romualdez v. RTC, Br. 7, Tacloban City: The term residence, as used
in the election law, imports not only an intention to reside in a fixed place
but also personal presence in that place, coupled with conduct indicative
of such intention. Domicile denotes a fixed permanent residence to
which when absent for business or pleasure, or for like reasons, one
intends to return.
14
# The Court explained that in order to acquire a new domicile by choice,
there must concur (1) residence or bodily presence in the new locality, (2)
an intention to remain there, and (3) an intention to abandon the old
domicile. There must be animus manendi coupled with animus non
revertendi. The purpose to remain in or at the domicile of choice must be
for an indefinite period of time; the change of residence must be
voluntary; and the residence at the place chosen for the new domicile must
be actual.
# The record shows that when petitioner and his wife Raida Guina
Dimaporo got married in 1990, they resided in Tangcal, Tubaran. From
then on, there was manifest intention on the part of petitioner to reside in
Tubaran, which he deemed to be the place of his conjugal abode with his
wife. The fact that he and his wife transferred residence from Bayang to
Tubaran shows that petitioner was relinquishing his former place of
residence in Bayang and that he intended Tubaran to be his place of
domicile. Although petitioner worked as a private secretary of the mayor
of Bayang, he went home to Tubaran everyday after work. This is proof
of animus manendi.
# It is the fact of residence that is the decisive factor in determining
whether or not an individual has satisfied the Constitutions residency
qualification requirement.
# When the evidence of the alleged lack of residence qualification of a
candidate for an elective position is weak or inconclusive and it clearly
appears that the purpose of the law would not be thwarted by upholding
the victors right to the office, the will of the electorate should be
respected.
38 MAGNO V. COMELEC
390 SCRA 495
(GO)
FACTS:
Petitioner Nestor Magno ran for MAYOR of San Isidro, Nueva Ecija in
2001.
Private Respondent filed a petition for disqualification of Magno because
he was convicted by the Sandiganbayan of 4 counts of Direct Bribery and
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sentenced. Magno applied for probation and was discharged on March of
1998.
COMELEC disqualified petitioner based on a provision of BP 881
(Omnibus Election Code) disqualifying a candidate convicted of a crime
involving moral turpitude until after the lapse of 5 years from the service
of sentence.
Magno claims Sec 40 (a) RA7160 (Local Government Code) should apply
instead of BP 881: A person convicted of a crime involving moral
turpitude may run after the lapse of 2 years after the service of sentence.
Sonia Isidro was declared Mayor while the case was pending.
HELD:
First, Direct bribery is a crime involving moral turpitude.
Not every criminal act involves moral turpitude. Blacks Law Dictionary defines it
as an act of baseness, vileness or depravity in the private duties which a man owes
his fellow men or society in general Direct bribery contemplates taking
advantage of his position and is a betrayal of the trust reposed to him by the public.
Second, he is not qualified.
RA 7160 should apply. First, RA 7160 is the more recent law. It impliedly repeals
BP 881 should there be any inconsistencies. Second, RA 7160 is a special law
applying specifically to local government units. BP 881 applies for the election of
any public office. Special law prevails. Since he was discharged on March 1998,
Magnos disqualification ceased on March 2000.
*Court declared that it could not rule on Magnos prayer for his proclamation as
winner of the mayoralty race, it being outside its jurisdiction.
39 CODILLA, SR. V. DE VENECIA
393 SCRA 639
(AGUINALDO)
FACTS:
Petitioner and respondent were opposing candidates for representative. A voter filed
with the COMELEC a petition to disqualify petitioner on the ground that petitioner,
who was then a mayor, violated Section 68 of the Omnibus Election Code by
distributing gravel and sand to voters to induce them to vote for him. The
COMELEC delegated the hearing to the Regional Director. On election day, no
15
hearing has been done yet. Petitioner won. Respondent intervened in the
disqualification case and prayed for the suspension of the proclamation of petitioner.
Petitioner was not furnished a copy of the motion. COMELEC suspended the
proclamation because of the seriousness of the allegations against petitioner.
Petitioner has not been served any summons. Petitioner filed his answer. He alleged
that the repair of the roads was undertaken without his authority. After a hearing on
the motion to suspend the proclamation of petitioner, the COMELEC issued a
resolution disqualifying petitioner and declaring the immediate proclamation of the
candidate who received the highest number of votes. The votes of petitioner were
declared stray. Respondent was proclaimed elected and she assumed office.
Petitioner filed a motion for reconsideration. The COMELEC en banc nullified the
proclamation of respondent and ordered the proclamation of petitioner. Respondent
didnt appeal from the decision. She argued that since she assumed office, the
COMELEC doesnt have jurisdiction to annul her proclamation.
HELD:
Petitioner was not notified of the petition for his disqualification through the service
of summons nor of the Motions to suspend his proclamation.
The records of the case do not show that summons was served on the petitioner.
They do not contain a copy of the summons allegedly served on the petitioner and
its corresponding proof of service. Furthermore, private respondent never rebutted
petitioner's repeated assertion that he was not properly notified of the petition for his
disqualification because he never received summons.71 Petitioner claims that prior
to receiving a telegraphed Order from the COMELEC Second Division on May 22,
2001, directing the District Board of Canvassers to suspend his proclamation, he was
never summoned nor furnished a copy of the petition for his disqualification. He was
able to obtain a copy of the petition and the May 22 Order of the COMELEC
Second Division by personally going to the COMELEC Regional Office on May 23,
2001. Thus, he was able to file his Answer to the disqualification case only on May
24, 2001.
More, the proclamation of the petitioner was suspended in gross violation of section
72 of the Omnibus Election Code which provides:
"Sec. 72. Effects of disqualification cases and priority.- The Commission and the
courts shall give priority to cases of disqualification by reason of violation of this
Act to the end that a final decision shall be rendered not later than seven days before
the election in which the disqualification is sought.
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Any candidate who has been declared by final judgment to be disqualified shall not
be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any
reason, a candidate is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning number of votes in such
election, his violation of the provisions of the preceding sections shall not prevent
his proclamation and assumption to office." (emphases supplied)
In the instant case, petitioner has not been disqualified by final judgment when the
elections were conducted on May 14, 2001. The Regional Election Director has yet
to conduct hearing on the petition for his disqualification. After the elections,
petitioner was voted in office by a wide margin of 17,903. On May 16, 2001,
however, respondent Locsin filed a Most Urgent Motion for the suspension of
petitioner's proclamation. The Most Urgent Motion contained a statement to the
effect that a copy was served to the petitioner through registered mail. The records
reveal that no registry receipt was attached to prove such service.72 This violates
COMELEC Rules of Procedure requiring notice and service of the motion to all
parties.
Respondent's Most Urgent Motion does not fall under the exceptions to notice and
service of motions. First, the suspension of proclamation of a winning candidate is
not a matter which the COMELEC Second Division can dispose of motu proprio.
Second, the right of an adverse party, in this case, the petitioner, is clearly affected.
Given the lack of service of the Most Urgent Motion to the petitioner, said Motion is
a mere scrap of paper.
Under section 6 of R.A. No. 6646, the COMELEC can suspend proclamation only
when evidence of the winning candidate's guilt is strong. In the case at bar, the
COMELEC Second Division did not make any specific finding that evidence of
petitioner's guilt is strong. Its only basis in suspending the proclamation of the
petitioner is the "seriousness of the allegations" in the petition for disqualification.
Absent any finding of evidence that the guilt is strong, then clearly, there was grave
abuse of discretion on the part of COMELEC.
REGISTRATION OF VOTERS; PRECINCTS AND POLLING PLACES;
BOARD OF ELECTION INSPECTORS; WATCHERS; OFFICIAL BALLOTS
AND ELECTION RETURNS; CASTING AND COUNTING OF VOTES
40 BAUTISTA V. COMELEC
298 SCRA 480
(SINGSON)
16
FACTS:
Petitioner Cipriano Efren Bautista and private respondent were duly
registered candidates for the position of Mayor of Navotas in the 1998
Elections. Aside from them, a certain Edwin Efren Bautista (Edwin
Bautista) also filed a certificate of candidacy for the same position.
Petitioner filed a petition praying that Edwin Bautista be declared a
nuisance candidate.
COMELEC declared Edwin Bautista as nuisance candidate and
consequently ordered the cancellation of his certificate of candidacy for
the position of Mayor.
MR was filed by Edwin Bautista; subsequently denied.
Before final determination of Edwin Bautistas MR, upon request of
petitioners counsel, the Regional Election Director of NCR gave
instructions to the BEI to tally separately either in some portion of the
same election return not intended for votes for mayoralty candidates or in
a separate paper the votes Efren Bautista, Efren, E. Bautista and
Bautista, considered as stray votes.
When the canvass of the election returns was commenced, the Municipal
Board of Canvassers of Navotas refused to canvass as part of the valid
votes of petitioner the separate tallies of votes on which were written
Efren Bautista, Efren, E. Bautista and Bautista.
Petitioner filed with COMELEC a Petition to Declare Illegal the
Proceedings of the Municipal Board of Canvassers; dismissed for lack of
merit.
HELD:
There was grave abuse of discretion in denying the inclusion as part of petitioners
valid votes the Bautista stray votes that were separately tallied by the BEI and Board
of Canvassers.
# It must be emphasized that the case at bar involves a ground for
disqualification which clearly affects the voters will and causes confusion
that frustrates the same.
# Election Laws give effect to, rather than frustrate, the will of the voter.
Thus, extreme caution should be observed before any ballot is invalidated.
# In the appreciation of ballots, doubts are resolved in favor of their
validity.
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# Matters tend to get complicated when technical rules are strictly applied
technicalities should not be permitted to defeat the intention of the voter,
especially so if that intention is discoverable from the ballot itself, as in
this case.
# Sec. 69 of the Omnibus Election Code the COMELEC may motu
proprio or upon a verified petition of an interested party, refuse to give due
course to or cancel a certificate of candidacy 1) if it is shown that said
certificate has been filed to put the election process in mockery or
disrepute, 2) or to cause confusion among voters by the similarity of the
names of registered candidates; 3) or by other circumstances or acts which
clearly demonstrate that a candidate has no bona fide intention to run for
the office for which the certificate of candidacy has been filed and thus
prevent a faithful determination of the true will of the electorate.
# Fatual circumstances and logic dictate that the Bautista and Efren
votes which were mistakenly deemed as stray votes refer only to one
candidate, herein petitioner. Such votes, which represent the voice of
approx. 21,000 electors could not have been intended for Edwin Bautista,
allegedly known in Navotas as a tricycle driver and worse a drug addict,
not known as Efren as stated in his certificate of candidacy, but Boboy
or Boboy Tarugo as his known appellation or nickname, and
satisfactorily and finally shown as a candidate with no political line up, no
personal funds that could have supported his campaign, and no
accomplishments which may be noted band considered by the public, as
against a known former public officer who had served the people of
Navotas as Brgy. Official, councilor and vice mayor.
# To rule otherwise will definitely result in the disenfranchisement of the
will of the electorate, which is, as we mentioned, the situation that our
election laws are enacted to prevent.
41 PUNZALAN V. COMELEC
289 SCRA 702
(FERNANDEZ)
FACTS:
Manalastas, Meneses and Punzalan were among of the 4 candidates for
mayor of the municipality of Mexico Pampanga
17
Municipal Board of Canvassers (MBC) proclaimed Meneses as the duly
elected mayor
Manalastas and Punzalan separately siled election protests challenging the
results of the elections; Meneses filed his answer to both with counter
protests: ordered consolidated and jointly tried by the court
Election contests sought the nullification of the election of Meneses
allegedly due to massive fraud, irregularities and other illegal electoral
practices during the registration and voting as well as during the counting
of votes
Because of irregularities (massive fraud, illegal electoral practices and
serious anomalies; ballots, election returns and tally sheets disappeared
under mysterious circumstances and filled up ballots with undetached
lower stubs and groups of ballot with stubs cut out with scissors were
found inside ballot boxes) found after hearing the protests, the trial court
was constrained to examine the contested ballots and the handwritings
appearing thereon and came up with the declaration that Punzalan was the
winner in the elections
various notices of appeal, motions for execution, petitions for certiorari,
prohibition with prayer for issuance of temporary restraining order and/or
preliminary injunction
Comelec promulgated a resolution affirming the proclamation of Meneses
HELD:
On the first issue
While RA 7166 (An Act Providing for Synchronized National and Local
Elections and For Electoral Reforms) requires the BEI chairman to affix
his signature at the back of the ballot, the mere failure to do so does not
invalidate the same although it may constitute an election offense
imputable to said BEI
Failure of the BEI chairman or any of the members of the board to comply
with their mandated administrative responsibility should not penalize the
voter with disenfranchisement
A ballot without BEI chairman's signature at the back is valid and not
spurious
For as long as the ballot bears any one of the following authenticating
marks, it is considered valid:
o The Comelec watermark
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o Signature or initials or thumbprint of the Chairman of the BEI
o Where the watermarks are blurred or not readily apparent to the
naked eye, the presence of red or blue fibers in the ballots
Every ballot shall be presumed to be valid unless there is a clear and good
reason to justify its rejection
On the second issue
The appreciation of the contested ballots and election documents involves
a question of fact best left to the determination of the Comelec
The Comelec need not conduct an adversarial proceeding or a hearing to
determine the authenticity of ballots or the handwriting found thereon;
neither does it need to solicit the help of the handwriting experts in
examining or comparing the handwriting; even evidence aliunde is not
necessary to enable the Commission to determine the authenticity of the
ballots and the genuineness of the handwriting on the ballots as an
examination of the ballots themselves is already sufficient
Minor and insignificant variations in handwriting must be perceived as
indicia of genuineness rather than of falcity
Carelessness, spontaneity, unpremeditation and speed in signing are
evidence of genuineness
DOCTRINE:
the laws and statues governing election contests especially appreciation of
ballots must be liberally construed to the end that the will of the electorate
in the choice of public officials may not be defeated by technical
infirmities
an election protests is imbued with public interest so much so that the need
to dispel uncertainties which becloud the real choice of the people is
imperative
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
42 PILAR V. COMELEC
245 SCRA 759
(OBERIO)
FACTS:
18
Petitioner Pilar filed his certificate of candidacy for the position of member of the
Sangguniang Panlalawigan of the Province of Isabela. 3 days later, he withdrew his
certificate of candidacy. COMELECimposed upon petitioner a fine of P10,000 for
failure to file his statement of contributions and expenditures. Petitioner filed motion
for reconsideration which was denied by COMELEC. Petitioner went to COMELEC
en banc which denied the petition in its Resolution. Hence, this petition for
certiorari.
HELD:
Petitioner should be held liable for failure to file his statement of contributions and
expenditures.
Petitioner argues that he cannot be held liable for failure to file a statement
of contribution and expenditures because he was a "non-candidate,"
having withdrawn his certificate of candidacy 3 days after its filing.
Petitioner posits that "it is xxx clear from the law that the candidate must
have entered the political contest, and should have either won or lost".
Petitoner's argument is without merit.
Section 14 of RA No. 7166 states that "every candidate" has the obligation
to file his statement of contributions and expenditures. Where the law
does not distinguish, courts should not distinguish. The term "every
candidate" must be deemed to refer not only to a candidate who pursued
his campaign, but also to one who withdrew his candidacy.
Section 13 of Resolution No. 2348 of the COMELEC, in implementation
of the provisions of RA 7166, categorically refers to "all candidates who
filed their certificates of candidacy."
Furthermore, Section 14 of the law uses the word "shall". Such implies
that the statute is mandatory, particularly if public interest is involved
state has an interest in seeing that the electoral process is clean and
expressive of the true will of the electorate. One way to attain such
objective is to pass a legislation regulating contributions and expenditures,
and compelling the publication of the same. It is not improbable that a
candidate who withdrew his candidacy has accepted contributions and
incurred expenditures, even in the short span of his campaign. The evil
sought to be prevented by the law is not all too remote.
Resolution No. 2348 also contemplates the situation where a candidate
may not have received any contribution or made any expenditure. Such
candidate is not excused from filing a statement.
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BP Blg. 881 or the Omnibus Election Code provides that "the filing or
withdrawal of certificate of candidacy shall not affect whatever civil,
criminal or administrative liabilities which a candidate may have
incurred." Petitioner's withdrawal of his candidacy did not extinguish his
liability for the administrative fine.
ELECTION OFFENSES
43 LAUREL V. HONORABLE PRESIDING JUDGE
323 SCRA 779
(AQUINO, P.)
FACTS:
Hon. Bernardo P. Pardo sent a verified letter-complaint to Jose P. Balbuena
charging Herman Tiu Laurel with "Falsification of Public Documents" and
violation of [Section 74] of the Omnibus Election Code.
It alleged that both his father and mother were Chinese citizens but when
petitioner filed a certificate of candidacy for the position of Senator he
stated that his a natural-born Filipino citizen
An investigation was conducted by the COMELEC Law Department and a
Report was made recommending the filing of Information.
During en banc, COMELEC resolved to file the necessary information
against respondent and to file a criminal complaint against respondent for
falsification
Director Balbuena filed an information for Violation of Section 74, in
relation to Section 262 of the Omnibus Election Code
Plaintiff filed a Motion for Inhibition, seeking the inhibition of the entire
COMELEC because of its bias in rendering a resolution.
Plaintiff filed on 07 May 1996 a Motion to Quash alleging lack of
jurisdiction and lack of authority on the part of Director Balbuena to file
the information.
Court denied.
Petitioner then filed a petition for certiorari before the Court of Appeals.
The Court of Appeals upheld the trial court and ruled that the proper
procedure was followed by the COMELEC but directed the trial court to
remand the case to the COMELEC for reception of petitioner's motion for
reconsideration of the COMELEC resolution dated January 25, 1996,
which approved the filing of a criminal complaint against petitioner.
19
HELD:
1. It was error for the Court of Appeals to hold there was no flaw in the procedure
followed by the COMELEC in the conduct of the preliminary investigation.
-No. There are two ways through which a complaint for election offenses may be
initiated. It may be filed by the COMELEC motu proprio, or it may be filed via
written complaint by any citizen of the Philippines, candidate, registered political
party, coalition of political parties or organizations under the partylist system or any
accredited citizens arms of the Commission
- Motu proprio complaints may be signed by the Chairman of the COMELEC and
need not be verified.
On the other hand, complaints filed by parties other than the COMELEC must be
verified and supported by affidavits and other evidence.
- The complaint in question in this case is one filed by Pardo in his personal capacity
and not as chairman of the COMELEC.
- There is nothing in the rules that require that only the COMELEC en banc may
refer a complaint to the Law Department for investigation.
- There is no rule against the COMELEC chairman directing the conduct of a
preliminary investigation, even if he himself were the complainant in his private
capacity.
2. The Court of Appeals erred in holding that petitioner's protestations on
COMELEC's having acted as complainant, investigator, prosecutor, judge and
executioner in the conduct of the preliminary investigation ring hollow.
-No. the records show that there is basis to at least find probable cause to indict the
petitioner for violation of the Omnibus Election Code and it appears from the
records that Chairman Pardo had no other participation in the proceedings which led
to the filing of the Information.
-The entire COMELEC cannot possibly be restrained from investigating the
complaint filed against petitioner, as the latter would like the courts to do. The
COMELEC is mandated by no less than the Constitution to investigate and
prosecute, when necessary, violations of election laws. This power is lodged
exclusively with the COMELEC. For the entire Commission to inhibit itself from
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investigating the complaint against petitioner would be nothing short of an
abandonment of its mandate under the Constitution and the Omnibus Election Code.
44 FAELNAR V. PEOPLE
331 SCRA 429
(CRUZ)
FACTS:
Eugenio Faelnar filed his certificate of candidacy for the position of barangay
chairman during the 1997 barangay elections in Cebu. One day after filing such
certificate (april 9), a basketball tournament was held in the sports complex dubbed
as, 2nd Jing-Jing Faelnars Cup which lasted until April 30, 1997. This gave rise
to a complaint for electioneering against petitioner and Gillamac filed by Antonio
Luy. It was alleged that it was actually a form of campaign done outside the official
campaign period which should start on May 1, 1997. 1. that there was a streamer
bearing the name of petitioner placed at the faade of the venue. 2. petitioners name
was repeatedly mentioned over the microphone. 3. it was widely published in the
local news paper. 4. a raffle sponsored by Gillamac was held with home appliances
as prize. It constituted an election offense. Initially, Comelec en banc in a Resolution
resolved to dismiss the filing of the case in the RTC. Antonio Luy moved for
reconsideration prompting the Comelec to proceed with the filing of the case against
petitioner. Petitioner moved to quash on the basis that the previous dismissal of the
Comelec en banc, was immediately final and executory. And that Luys motion for
reconsideration was a prohibited pleading under Commissions rules of procedure.
HELD:
A Motion for Reconsideration is allowed in election offense cases.
Section 1, Rule 13 of Comelecs Rules of Procedure states, the following pleadings
are not allowed, (d) motion for reconsideration of an en banc ruling, resolution,
order or decision except in election offense cases
It was also held that the Comelec en banc is the one that determines the existence of
probable cause in an election offense. But it may also be delegated to the State
Prosecutor or to the Provincial or City Fiscal but may still be reviewed by the
Comelec.
45 COMELEC V. TAGLE
397 SCRA 618
(LIM)
20
FACTS:
Florentino Bautista ran for the position of Mayor in Kawit Cavite
He filed a complaint against the incumbent Mayor Poblete and others
supported by affidavits of 44 witnesses attesting to vote- buying activities.
The case was handled by a prosecutor of the COMELECs law department.
A separate complaint was filed by Rodelas and Macapagal with the
provincial prosecutor against the witnesses (vote-selling)
COMELEC en banc declared the resolution of the provincial prosecutor to
institute criminal actions against the witnesses as null and void. COMELEC
cited RA 6646 otherwise known as The Electoral Reforms law of 1987
which grants immunity from criminal prosecution persons who voluntarily
give information and willingly testify against those liable for vote-buying
or vote-selling.
Law department of COMELEC filed a motion to dismiss the case against
the witnesses. This was denied by respondent judge TAGLE.
According to Tagle, for the witnesses to be exempt to should have
committed the overt act of divulging information regarding the vote
buying
HELD:
Witnesses are exempt from criminal prosecution.
A free, orderly, honest , peaceful, and credible election is indispensable in
a democratic society, as without it democracy would not flourish and
would be a sham.
One of the effective ways of preventing the commission of vote-buying
and of prosecuting those committing it is the grant of immunity from
criminal liability in favor of the party whose vote was bought.
The COMELEC has the exclusive power to conduct preliminary
investigation of all election offenses punishable under the election laws
and to prosecute the same, as may be otherwise provided by law
When the COMELEC nullifies a resolution of the Provincial Prosecutor
which is the basis of the information for vote selling, it in effect,
withdraws the deputation granted to the prosecutor.
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Where certain voters have already executed sworn statements attesting to Petitioners, likewise filed for failure of elections in 5 other municipalities
the corrupt practice of vote-buying in a pending case, it cannot be denied
that they had already given information in the vote- buying case. COMELEC ruled annulling the results of the elections in Parang as well as holding
in abeyance the proclamation of the winning candidates for Governor and Vice-
Governor until further orders from the Commission but dismissed other petitions for
FAILURE OF ELECTION
other municipalities where it was alleged that there were also badges of fraud
46 LOONG V. COMELEC
HELD:
257 SCRA 1
COMELEC was incorrect in annulling elections of Parang, Sulu but not ordering for
(LAURENTE)
special elections in the same municipality. It was also incorrect in dismissing other
petitions for failure of elections in other municipalities where there were also badges
Under the present state of our election laws, the COMELEC has been granted
of fraud.
precisely the power to annul elections. Section 4 of Republic Act No. 7166,
otherwise known as, "The Synchronized Elections Law of 1991," provides that the
We hold that, before the COMELEC can act on a verified petition seeking to
COMELEC sitting En Banc by a majority vote of its members may decide, among
declare a failure of election, two (2) conditions must concur: first, no voting has
others, the declaration of failure of election and the calling of special elections as
taken place in the precincts concerned on the date fixed by law or, even if there were
provided in Section 6 of the Omnibus Election Code. The COMELEC may exercise
voting, the election nevertheless resulted in a failure to elect; and, second, the votes
such power motu proprio or upon a verified petition. The hearing of the case shall
not cast would affect the result of the election. We must add, however, that the
be summary in nature, and the COMELEC may delegate to its lawyers the power to
cause of such failure of election should have been any of the following: force
hear the case and to receive evidence.
majeure, violence, terrorism, fraud or other analogous causes. This is an important
consideration for, where the propriety of a pre-proclamation controversy ends, there
FACTS:
may begin the realm of a special action for declaration of failure of elections.
- This case stemmed from elections held in Sulu where LOONG and private
respondent Tan ran for the position of Governor while pet. Tulawie and p.r. Estino
While the COMELEC is restricted, in pre-proclamation cases, to an examination
ran for Vice-Governor
of the election returns on their face and is without jurisdiction to go beyond or
behind them and investigate election irregularities, the COMELEC is duty bound to
* Provincial Board of Canvassers (PBC) recommended to the COMELEC a re-
investigate allegations of fraud, terrorism, violence and other analogous causes in
canvass of the election returns of Parang and Talipao.
actions for annulment of election results or for declaration of failure of elections, as
* COMELEC, accordingly, relieved all the regular members of the Municipal
the Omnibus Election Code denominates the same.
Board of Canvassers (MBC) and ordered such recanvass by senior lawyers from the
COMELEC office in Manila. During the re-canvass, private respondents objected to
Thus, the COMELEC, in the case of actions for annulment of election results or
the inclusion in the canvass of the election returns of Parang.
declaration of failure of elections, may conduct technical examination of election
* The reconstituted MBC, however, merely noted said objections and forwarded
documents and compare and analyze voters' signatures and fingerprints in order to
the same to respondent PBC for resolution.
determine whether or not the elections had indeed been free, honest and clean.
* PBC denied the objections of private respondents and still included the election
Needless to say, a pre-proclamation controversy is not the same as an action for
returns of Parang municipality. The canvass of respondent PBC showed petitioners
annulment of election results or declaration of failure of elections
to have overwhelmingly won in the municipality of Parang.
The COMELEC is HEREBY ORDERED TO CONDUCT SPECIAL
- The private respondents filed petitions with the COMELEC regarding the
ELECTIONS IN THE MUNICIPALITY OF PARANG, SULU, and is DIRECTED
inclusion of the questioned certificates of canvass and that there was failure of
TO SUPERVISE THE COUNTING OF THE VOTES AND THE CANVASSING
election in said municipality due to massive fraud
OF THE RESULTS TO THE END THAT THE WINNING CANDIDATES FOR

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GOVERNOR AND VICE-GOVERNOR FOR THE PROVINCE OF SULU BE
PROCLAIMED AS SOON AS POSSIBLE.
The COMELEC is HEREBY ORDERED TO REINSTATE SPA 95-289 AND
TO CONDUCT THE NECESSARY TECHNICAL EXAMINATION, IF ANY, OF
PERTINENT ELECTION DOCUMENTS THEREIN AND TO HOLD SPECIAL
ELECTIONS IN THE MUNICIPALITIES DISPUTED IN SPA 95-289 IN THE
EVENT the COMELEC ANNULS THE ELECTION RESULTS THEREIN OR
DECLARES THEREAT FAILURE OF ELECTIONS.
47 HASSAN V. COMELEC
264 SCRA 125
(LABAGUIS POGI)
FACTS:
Petitioner, Hadji Nor Basher L. Hassan, and Private Respondent,
Mangondaya P. Hassan Buatan, were candidates for Vice-Mayor in Lanao
del Sur
However, due to threats of violence and terrorism in the area, there was a
failure of elections in six (6) out of twenty-four (24) precincts. In one of
the precincts, the ballot boxes were burned, while in the other 5 precincts,
the members of the Board of Election Inspectors (BEI) failed to report to
their respective polling places
The COMELEC team, headed by Garcillano, recommended the holding of
special elections in said precincts and scheduled it
The members of the BEI again failed to report
The COMELEC team rescheduled the elections in Liangan Elementary
School, which was 15 kilometers away from the designated polling places
The members of the BEI once more did not report for duty. This
constrained the COMELEC team to appoint police/military personnel to
substitute for the BEI
The result of the special election was in favor of the Private Respondent:
Petitioner = 879, Respondent = 1,098
Petitioner filed a petition with the COMELEC assailing the validity of the
re-scheduled special election
COMELEC en banc denied the petition for a declaration of failure of the
elections and ordered the Board of Canvassers to proclaim Private
Respondent as the winning vice-mayoralty candidate
22
Thus, the petition for certiorari
HELD:
There was failure of elections.
The concurrence of the following preconditions is necessary for declaring
a failure of election: (1) that no voting has been held in any precinct or
precincts because of force majeure, violence or terrorism, and (2) that the
votes not cast therein suffice to affect the results of the elections.
The COMELEC can not turn a blind eye to the fact that terrorism was so
prevalent in the area.
Elections had to be set for the third time because no members of the BEI
reported for duty due to impending threats of violence in the area. This in
fact prompted COMELEC to deploy military men to act as substitute
members just so elections could be held; and to thwart these threats of
violence, the COMELEC team, moreover, decided to transfer the polling
places to Liangan Elementary School which was 15 kilometers away from
the polling place.
The peculiar situation of this case cannot be overstated. The notice given
on the afternoon of the day before the scheduled special elections and
transferring the venue of the elections 15 kilometers away from the
farthest barangay/school was too short resulting to the disenfranchisement
of voters. Out of the 1,546 registered voters in the five (5) precincts, only
328 actually voted.
It was quite sweeping and illogical for the COMELEC to state that the
votes uncast would not have in any way affected the results of the
elections. While the difference between the two candidates is only 219 out
of the votes actually cast, the COMELEC totally ignored the fact that there
were more than a thousand registered voters who failed to vote.
48 PASANDALAN V. COMELEC
384 SCRA 695
(MACASAET)
FACTS:
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Petitioner Pasandalan and respondent Bai salamona L. Asum were
candidates for mayor in the municipality of Lumbayanague, Lanao del sur-
May 14, 2001 elections
On May 23, Pasandalan filed for nullification of election results in certain
barangays (Deromoyod, Lagin, Bualan etc) on the ground that, (1) while
the election was ongoing, some Cafgus stationed near the schools
indiscriminately fired their firearms causing the voters to panic and leave
the voting centers without casting their votes, (2) failure to sign of BEIs to
sign their initials on certain ballots and (3) taking advantage of the fist
fights, the supporters of Asum took the ballots and filled them up with the
name of Asum.
Comelecs ruling: No credence given to the allegations of Pasandalan. The
3 instances wherein a failure of election could be declared is not present
(1) The election is not held (election was still held), (2) the election is
suspended- (it was not), and (3) the election results in the failure to elect
(Asum was elected through the plurality of votes). The evidence presented
by Pasandalan were only affidavits made by his own pollwatchers- thus
considered as self serving and insufficient to annul the results.
Hence the petition in this court
HELD:
COMELEC didn't commit grave abuse of discretion in annulling electionm.
The irregularities alleged should have been raised as an election protest
and not in a petition to declare the nullity of an election.
Instances to declare a failure of election does not exist (1) the election in a
polling place has not been held on the date fixed on account of force
majeure, terrorism, violence or fraud, (2) the election was suspended on
the same grounds in the 1 st and (3) there was failure to elect still on the
same grounds.
The election was held in the precincts protested as scheduled, neither was
it suspended (as proved by the testimony of one of the election officers)
nor was there failure to elect. The alleged terrorism was not of that scale to
justify declaration of failure of elections.
Credibility of the affidavits questioned: (1) it was pre-typed, all that the
poll watchers have to do is to fill it up and sign it. (2) identical statements-
23
human perception is different for each. Persons when asked about a same
incident, although present in the incident, mat have different observations.
49 AMPATUAN V. COMELEC
375 SCRA 503
(MARTINEZ)
FACTS:
Petitioner Ampatuan and Respondent Candao were candidates for the
position of Governor of Maguindanao during the 2001 elections
May 2001: respondents filed a petition with the comelec for the annulment
of election results and/or declaration of failure of elections in several
municipalities. They claimed that the elections were completely sham
and farcical. The ballots were filled-up en masse by a few persons the
night before the election day, and in some precincts, the ballot boxes,
official ballots and other election paraphernalia were not delivered at all.
Comelec suspended proclamation of winning candidates
Petitioners filed a motion to lift suspension of proclamation. Comelec
granted and proclaimed the petitioners s winners.
June 2001: Respondents filed with SC a petition to set aside Comelec
order and prelim injunction to suspend effects of the proclamation of
petitioners.
July 2001: Comelec ordered the consolidation of the respondents petition
for declaration of failure of elections.
Sept 2001: Petitioners filed the present petition and claimed that by virtue
of the proclamation, the proper remedy available to the respondents was
not petition for declaration of failure of elections but an election protest.
The former is heard summarily while the latter involves a full-blown trial.
Oct 2001: Comelec ordered the suspension of the 2 assailed orders (with
regard to respondents petition fro failure of elections and directing the
continuation of hearing and disposition of the consolidated SPAs on the
failure of elections and other incidents related thereto)
Nov 2001: Comelec lifts the suspension order
SC issues TRO enjoining Comelec from lifting suspension
ISSUE:
W/N The Comelec was divested of its jurisdiction to hear and decide respondents
petition for declaration for failure of elections after petitioners had been proclaimed
HELD: No. Petition dismissed
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The fact that a candidate proclaimed has assumed office does not deprive
comelec of its authority to annul any canvas and illegal proclamation.
Validity of the proclamation may be challenged even after the irregularly
proclaimed candidate has assumed office.
In the case at bar, the Comelec is duty-bound to conduct an investigation
as to the veracity of respondents allegations of massive fraud and
terrorism that attended the conduct of the May 2001 election.
It is well to stress that the Comelec has started conducting the technical
examination on Nov 2001. However, by an urgent motion for a TRO filed
by the petitioners, in virtue of which we issued a TRO, the technical
examination was held in abeyance until the present.
In order not to frustrate the ends of justice, we lift the TRO and allow
technical examination to proceed with deliberate dispatch.
Dissent: Justice Melo
Issue: is the declaration of failure of elections by the Comelec an
executive-administrative function or a judicial function?
Held The authority given to Comelec to declare a failure of elections and
to call for the holding and continuation of the failed election falls under
its admin fxn.
There are only 3 instances where a failure of elections may be declared: 1)
the election in any polling place has not been declared 2) election in any
polling place had not been suspended 3) after voting and during
transmission of ER, such election results in a failure to elect on the ground
of force majeure, violence, terrorism, fraud or other analogous cause
Under the circumstances of the present case and based on applicable law,
an election protest is the appropriate remedy. Complex matters which
necessarily entail the presentation of conflicting testimony should not be
resolved in random, technical and summary proceedings
50 BASHER V. COMELEC
330 SCRA 736
(GONZALES)
FACTS:
Failure of elections in Barangay Maidan, Lanao del Sur was held 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
24
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 respondent Ampatua got 250 votes; petitioner Basher got
15 votes and Razul got 10 votes. Respondent was proclaimed winner. Petitioner 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.
HELD:
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 moto 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.
Through the joint efforts of the students of Ateneo Law 2D AY07-08