Lucero v.

COMELEC
G.R. No. 113107 | 20 Jul 1994
Davide, Jr., J.

Petitioner: Wilmar Lucero (Lucero), Jose Ong, Jr. (Ong) Respondent: COMELEC
Consolidated petition for certiorari seeking to annul the 7 Jan 1994 resolution of COMELEC

Facts:
In the local election of May 11, 1992, William Lucero garnered 24, 068 votes while Jose Ong garnered 24, 272 for
the position of district representative of the 2nd legislative district of Northern Samar.
Lucero lost to Ong by 204 votes.
The tally canvassed by the Provincial Board of Canvassers, however, did not include the results of the following precincts
from the municipality of Silvino Lobos:
Precinct No. 7 Illegible
Precinct No. 13 Snatched ballots; no election held
Precinct No. 16 Missing election returns
In light of this failure, Lucero moved for the COMELEC to suspend the proclamation of Ong and to hold a special election for
Precinct No. 13
Acting on Luceros urgent manifestation, COMELEC directed PBC to desist from reconvening until further orders
Subsequently, Ong moved to lift the suspension in which Lucero opposed
In light of the the facts, on Jan 7 1994, COMELEC en banc issued the assailed resolution ordering:
a special election for Precinct 13
Ong contested the said resolution on the grounds that COMELEC has no authority to order the correction and
to call for a special election almost two (2) years after the regular election
 Issue/s:
W/N a special election could be held 1 year and 10 months after the regular election

Held:
Yes. A special election could still be held even after 1 year and 10 months after the regular election.

Section 6 of the Omnibus Election Code provides:

Sec. 6. Failure of election. If, on account of force majeure, violence, terrorism, fraud, or other analogous causes the
election in any polling place has not been held on the date fixed, or had been suspended before the hour fixed by law for
the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in
the custody or canvass thereof, such election results in a failure to elect, and if in any of such cases the failure
or suspension of election would affect the result of the election, the Commission shall, on the basis of a
verified petition by any interested party and after due notice and hearing, call for the holding or continuation
of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the
election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation
of the cause of such postponement or suspension of the election or failure to elect.

Section 4 of R. A. No. 7166 further provides:

Sec. 4. Postponement, Failure of Election and Special Elections. The postponement, declaration of failure of
election and the calling of special elections as provided in the Omnibus Election Code shall be decided by the
Commission sitting en banc by a majority votes of its members. The causes for the declaration of a failure of election
may occur before or after the casting of votes or on the day of the election.

There are, therefore, two requisites for the holding of special elections :

That there be a failure of election

That such failure would affect the results of the election.

 The facts of the case are not contested, that the ballot boxes of Precinct 13 of the Municipality of Silvino Lobos were
stolen, and hence, there was a failure of election in that specific precinct.

And, such failure, would affect the results of the election. The established lead of respondent Ong against petitioner
lucero of 204 votes which was reduced to 143 in consideration of the recount of election returns from precinct 16,
notwithstanding, the tampered election returns from precinct 7 is much less than the 213 registered voters in
Precinct 13.

Since the lead of respondent Ong is less than the number of registered voters, the votes in that precinct
could affect the existing result because of the possibility that petitioner Lucero might get a majority over
Ong in that precinct and that majority might be more than the present lead of Ong.

The two requirements then for a special election under Section 6 of the Omnibus Election Code have indeed been met.

In fixing the date of the special election, the COMELEC should see to it that:

o 1. it should be not later than thirty days after the cessation of the cause of the postponement or
suspension of the election or the failure to elect

o 2. it should be reasonably close to the date of the election not held, suspended, or which resulted in
failure to elect.

The court took judicial notice that the delay was caused by the legal skirmishes and maneuvers employed
by both the petitioner and the respondent which muddled the simple issue.

Hence, the January 7, 1994 Resolution of COMELEC insofar as the Special Election of precinct 13 of Silvino
Lobos is held valid.