ELECTION CONTEST

Under the present Constitution, COMELEC exercises original jurisdiction

over all contests, relating to the election, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate jurisdiction
over election contests involving elective municipal and barangay officials
(Sec. 2, Art. IV-C of the 1987 Constitution
!n election contests, the COMELEC is no longer concerned "ith the
enforcement of the la"s or the conduct of elections Exercising its judicial
functions, COMELEC ascertains "ho bet"een the contending candidates
actually received the majority or plurality of the legitimate or valid ballots
(!"r#iner $s. %o&u'o, 2( )hi'. *21 (191+
#he question as$ed in election protests is "ho are the real choices of the
people (,e -es" $s. -enci"s, 18 SC%A 9.. (19((/ !"rci" $s. Court of
A00e"'s, .( SC%A *82 (1971 #hus, the allegations of fraud and
irregularities in the casting and counting of ballots and canvass of returns are
examined "ith end vie" of ascertaining "ho among the contestants is the
legitimate "inning candidate and not for the holding or continuation of
failed or suspended elections
#he allegations of massive substitution of voters, multiple voting, and other
electoral anomalies should be resolved in a proper election protest in the
absence of any of the three instances justifying a declaration of failure of
election !n an election protest, the election is not set aside, and there is only
a revision or recount of the ballots cast to determine the real "inner (2"3o
). )"s"n#"'"n $s. CO-ELEC, et."'. !.%. No. 1*1.12, 4u'5 18, 2112/
C"r0io, 4.
%et"een the determination by the trial court of "ho of the candidates "on
the elections and the finding of the %oard of Canvassers as to "hom to
proclaim, it is the court&s decision that should prevail (E#3"r 6. S"ntos $s.
Co&&ission on E'ections, (1
st
,i$ision "n# )e#ro 7. )"nu'"5", !.%.
No. 1**(18, -"rch 2(, 211./ 6n"res-S"nti"3o, 4.
#o reiterate, it "as petitioner "ho obtained the plurality of votes in the
contested election #echnicalities and procedural niceties in election cases
should not be made to stand in the "ay of the true "ill of the electorate
La"s governing election contests must be liberally construed to the end that
the "ill of the people in the choice of public official may not be defeated by
mere technical objections ()etroni'" S. %u''o#" $s. CO-ELEC, et."'.,
!.%. No. 1*+198, 4"nu"r5 21, 211./ 6n"res-S"nti"3o, 4.
Election contests involve public interest, and technicalities and procedural
barriers must yield if they constitute an obstacle to the determination of the
true "ill of the electorate in the choice of their elective officials #he Court
fro"ns upon any interpretation of the la" that "ould hinder in any "ay not
only the free and intelligent casting of the votes in an election but also the
correct ascertainment of the results ()etroni'" S. %u''o#" $s. CO-ELEC,
et."'., !.%. No. 1*+198, 4"nu"r5 21, 211./ 6n"res-S"nti"3o, 4.
Contrary to respondent&s claim, the absence of a specific provision
governing substitution of candidates in barangay elections can not be
inferred as a prohibition against said substitution 'uch restrictive
construction cannot be read into the la" "here the same is not "ritten
!ndeed, there is more reason to allo" the substitution of candidates "here no
political parties are involved than "hen political considerations or party
affiliations reign, a fact that must have been subsumed by la" ()etroni'" S.
%u''o#" $s. CO-ELEC, et."'., !.%. No. 1*+198, 4"nu"r5 21, 211./
6n"res-S"nti"3o, 4.