Professional Documents
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ADMIN LAW``
BATAS PAMBANSA BLG. 881
OMNIBUS ELECTION
PHILIPPINES
ARTICLE
GENERAL PROVISIONS
CODE
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qualified to vote to register and cast his
vote.
OF
THE
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Section 7 Call of special election. -
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It shall be the duty of the Postmaster
General, the Director of the Bureau of
Telecommunications, and the managers of
private telecommunication companies to
transmit immediately and in preference to
all other communications or telegrams
messages reporting election results and
such other messages or communications
which the Commission may require or may
be necessary to ensure free, honest and
orderly elections.
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been sentenced by final judgment for
subversion, insurrection, rebellion or for
any offense for which he has been
sentenced to a penalty of more than
eighteen months or for a crime involving
moral turpitude, shall be disqualified to be
a candidate and to hold any office, unless
he has been given plenary pardon or
granted amnesty.
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SANCHEZ
VS.
COMMISSION
ELECTIONS(114 SCRA 454)
ON
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These
two
Petitions
were
ordered
consolidated and were heard by the court
en banc on July 28, 1981.
FACTS:
ISSUES:
The Resolution of the Commission on
Elections, dated May 15, 1980, in PreProclamation Case No. 41 entitled Virgilio
Sanchez vs. Mayor Armando P. Biliwang
and the Municipal Board of Canvassers of
San Fernando, Pampanga.
In the local elections held on January 30,
1980, Virgilio Sanchez was the official
candidate of the Nacionalista Party (NP) for
Municipal
Mayor
of
San
Fernando,
Pampanga, while Armando Biliwang was
the Kilusang Bagong Lipunan,s (KBL)
official candidate for the same position.
On February 1, 1980, Sanchez filed with
the Commission on Elections a Petition to
declare null and void the local elections in
San Fernando, Pampanga due to alleged
large scale terrorism. On the same day, the
COMELEC denied the Petition for lack of
merit. Sanchez moved for reconsideration.
On February 8, 1980, the COMELEC
recalled its Resolution and required
Biliwang and the Municipal Board of
Canvassers to answer. Hearings were
conducted thereafter.
On November 19, 1980, Sanchez filed a
petition for Certiorari with this court,
docketed as G.R. No. 55513, wherein he
seeks a modification of the portion of the
COMELEC Resolution of May 15, 1980
refusing to call a special election.
On December 6, 1980, Biliwang instituted,
also with this Court, a Petition for
Certiorari, Prohibition and Mandamus,
docketed as G.R. No. 55642, assailing the
same COMELEC Resolution and alleging
that same body has no power to annul an
entire municipal election.
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In other words, in line with the plenitude of
its powers and its function to protect the
integrity of elections, the COMELEC must
be deemed possessed of authority to annul
elections where the will of the voters has
been defeated and the purity of elections
sullied. It would be unreasonable to state
that the COMELEC has a legal duty to
perform and at the same time deny it the
wherewithal to fulfill that task.
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results in a failure to elect, the COMELEC
may call for the holding or continuation of
the election as soon as practicable. We
construe this to include the calling of a
special election in the event of a failure to
elect in order to make the COMELEC truly
effective in the discharge of its functions.
In fact, Section 8 of the 1978 Election
Code, supra, specifically allows the
COMELEC to call a special election for the
purpose of fillinf the vacancy or a newly
created position, as the case may be.
There should be no reason, therefore, for
not allowing it to call a special election
when there is a failure to elect.
RULING OF COURT:
WHEREFORE. 1) in G.R. No. 55513, the
challenged Resolution of May 15, 1980 is
hereby modified, and the Commission on
Elections hereby held empowered to call a
special election where there has been a
failure to elect. That portion which certifies
the failure of election in San Fernando,
Pampanga, to the President and the
Batasang Pambansa for the enactment of
remedial measures, is hereby set aside.
2) In G.R. No. 55642, the Petition is hereby
denied for lack of merit, and the authority
of the Commission on Elections to annul an
election hereby upheld.
Hassan vs. COMELEC
Facts:
Petitioner,
Hadji
Nor
Basher
L. Hassan,
and
private
respondent,
Mangondaya
P.Hassan
Buatan
were
candidates for the Office of the Vice-Mayor
while the other private respondents were
candidates for councilors in Madalum,
Lanao del Sur in the last regular local
elections of May 8, 1995. However, due to
threats of violence and terrorism in the
area there was failure of elections in six
out of twenty four precincts in Madalum.
The ballot boxes were burned and there
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were threats by unidentified persons in
Precinct No. 7-A. In Precinct Nos. 9, 9-A, 10,
13, and 14, elections did not take place
because the members of the Board of
Election Inspectors (BEI) failed to report to
their respective polling places. Thus,
the Monitoring Supervising Team(COMELEC
Team) headed by Regional Election
Director
Virgilio
O.
Garcillano
recommended to the COMELEC the holding
of special elections in said precincts. The
special elections were thereby set on
May 27, 1995. On said date, however, the
members of the BEI again failed to report
for duty in their respective polling places.
In an Order dated May 28, 1995, the
COMELEC Team rescheduled the elections
in these precincts for May 29, 1995
at Liangan Elementary (Arabic) School,
which is 15kilometers away from the
designated polling places, On May
29, 1995, the members of the Board did
not again
report
for
duty.
Hence,
the COMELEC Team was constrained to
appoint police/military personnel to act as
substitute members so as to push through
with the elections. The herein private
respondent filed a petition for her
immediate proclamation, on the other
hand the petitioner filed the present case
due to the same ground of terrorism.
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consider the May 29elections as invalid. If
only to ascertain the will of the people and
to prevent that will from being muted, it is
necessary that a special election be held in
view of the failure of elections in Madalum,
Lanao del Sur. the Court has ruled that
the preconditions for declaring a failure of
election are: (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
concurrence of these two(2) circumstances
are required to justify the calling of a
special election. However, due to the
insufficiency of the information the court
was constrained to ascertain the votes to
be counted thereof.
CANICOSA V. COMELEC
GR No. 120318
5 December 1997
FACTS:
Ricardo Boy Canicosa and Severino
Lajara were candidates for Mayor in
Calamba, Laguna during the 8 May 1995
elections. Lajara was proclaimed winner
by the Municipal Board of Canvassers.
ISSUE:
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HELD:
NO. Section 3, Article IX-C applies only
when the COMELEC acts in the exercise
of its adjudicatory or quasi-judicial
functions and not when it merely
exercises purely administrative functions.
Moreover, it is expressly provided in Rule
27, Section 7 of the COMELEC Rules of
Procedure that any party dissatisfied with
the ruling of the board of canvassers
shall have a right to appeal to the
COMELEC en banc. Questions as to
whether elections have been held or
whether certain returns were falsified or
manufactured and therefore should be
excluded from the canvass do not involve
the right to vote. Such questions are
properly
within
the
administrative
jurisdiction of COMELEC, hence, may be
acted upon directly by the COMELEC en
banc without having to pass through any
of its divisions.
DOCTRINE:
There are only three instances where a
failure of election may be declared:
namely:
(a)
The election in any polling place
has not been held on the date fixed on
account of force majeure, violence,
terrorism, fraud, or other analogous
causes;
(b)
The election in any polling place
has been suspended before the hour
fixed by law for the closing of the voting
on account of force majeure, violence,
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terrorism, fraud,
causes; or
or
other
analogous
(c)
After the voting and during the
preparation and transmission of the
election returns or in the custody or
canvass thereof, such election results in
a failure to elect on account of force
majeure, violence, terrorism, fraud, or
other analogous causes.
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BORJA VS COMELEC
Benito v. COMELEC
G.R. No. 134913 (Jan 19, 2001)
FACTS:
Benito and private respondent
Pagayawan were 2 of 8 candidates vying
for the position of municipal mayor in
Calanogas, Lanao del Sur during the May
11, 1998 elections. 5 precincts clustered
in the Sultan Disimban Elementary
School were met with violence when
some 30 armed men appeared at the
school premises and fired shots into the
air. This sowed panic among the voters
and elections officials, causing them to
scatter
in
different
directions.
It
happened before noon at the day of
election. A spot report reported the
incident.
Both parties are contending contrary
facts. Petitioner alleged that the voting
never resumed even after the lawless
elements left. On the other hand, private
respondent alleged that voting resumed
when the armed men left around 1 pm in
the afternoon. Petitioner is only asking,
however, a declaration of failure of
elections on the first three precincts, not
with the entire five precincts. During the
counting, the ballots from the three
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160427,
September
15,
Carpio, J.:
Facts:
A Synchronized Barangay and
Sangguniang Kabataan Elections were
held on July 15, 2002 in Lanao del Sur.
Sambarani, Miraato, Abubacar, Mascara
and Dayondong ran for re-election as
punong barangay in their respective
barangay, namely: Occidental Linuk,
Pindolonan Moriatao Sarip, Talub, New
Lumbacaingud and Tatayawan South. The
COMELEC subsequently issued Resolution
No. 5479 which sets the date for special
elections on August 13, 2002, due to
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148334.
January 21,
CARPIO, J.:
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warranto
proceedings
(EPC
92-28)
against private respondent before the
COMELEC.
ISSUE:
Whether private respondent who, at the
time of the filing of his certificate of
candidacy (and to date), is said to be
facing a criminal charge before a foreign
court and evading a warrant for his arrest
comes within the term fugitive from
justice contemplated by Section 40(e) of
the LGC and is, therefore, disqualified
from being a candidate for, and thereby
ineligible from holding on to, an elective
local office.
HELD:
Section 40(e) of the LGC (RA 7160)
provide that a Fugitive from justice in
criminal cases here and abroad are
disqualified from running for any
elective local position.
It has been held that construction placed
upon law by the officials in charge of its
enforcement
deserves
great
and
considerable weight (Atlas Consolidated
Mining and Development Corp. vs. CA,
182 SCRA 166,181). However, when
there clearly is no obscurity and
ambiguity in an enabling law, it must
merely be made to apply as it is so
written. An administrative rule or
regulation can neither expand nor
constrict the law but must remain
congruent to it.
The confinement of the term fugitive
from justice in Article 73 of the Rules
and Regulations Implementing the LGC of
1991 to refer only to a person who has
been convicted by final judgment is an
inordinate and undue circumscription of
the law.
Unfortunately, the COMELEC did not
make any definite finding on whether or
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