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    NO. Three (3) Instances Justify The Declaration of Failure of Election, To Wit: (A) The

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    Maria Garcia
    The petitioners filed petitions to declare failure of elections in four municipalities of Sulu Province, alleging fraud and disenfranchisement of voters. The COMELEC dismissed the petitions. The Supreme Court affirmed, finding that a declaration of failure of election requires either a failure to hold the election or a failure to elect resulting from force majeure, violence, terrorism, or fraud. However, the petitioners did not allege that no voting occurred or that no one was elected in the subject municipalities, only that there was a "sham election and canvassing." Irregularities must be proven to have prevented the election or fatally marred the post-election process.

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    NO. Three (3) Instances Justify The Declaration of Failure of Election, To Wit: (A) The

    Uploaded by

    Maria Garcia
    62 views2 pages
    The petitioners filed petitions to declare failure of elections in four municipalities of Sulu Province, alleging fraud and disenfranchisement of voters. The COMELEC dismissed the petitions. The Supreme Court affirmed, finding that a declaration of failure of election requires either a failure to hold the election or a failure to elect resulting from force majeure, violence, terrorism, or fraud. However, the petitioners did not allege that no voting occurred or that no one was elected in the subject municipalities, only that there was a "sham election and canvassing." Irregularities must be proven to have prevented the election or fatally marred the post-election process.

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    Legal Counselling

    Original Title

    LegCoun Digest

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    The petitioners filed petitions to declare failure of elections in four municipalities of Sulu Province, alleging fraud and disenfranchisement of voters. The COMELEC dismissed the petitions. The Supreme Court affirmed, finding that a declaration of failure of election requires either a failure to hold the election or a failure to elect resulting from force majeure, violence, terrorism, or fraud. However, the petitioners did not allege that no voting occurred or that no one was elected in the subject municipalities, only that there was a "sham election and canvassing." Irregularities must be proven to have prevented the election or fatally marred the post-election process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    NO. Three (3) Instances Justify The Declaration of Failure of Election, To Wit: (A) The

    Uploaded by

    Maria Garcia
    The petitioners filed petitions to declare failure of elections in four municipalities of Sulu Province, alleging fraud and disenfranchisement of voters. The COMELEC dismissed the petitions. The Supreme Court affirmed, finding that a declaration of failure of election requires either a failure to hold the election or a failure to elect resulting from force majeure, violence, terrorism, or fraud. However, the petitioners did not allege that no voting occurred or that no one was elected in the subject municipalities, only that there was a "sham election and canvassing." Irregularities must be proven to have prevented the election or fatally marred the post-election process.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    EDNALAGA, Maria Eloisa P.

    Legal Counselling
    Friday (7:30-9:30)
    ABDUSAKUR M. TAN and BASARON BURAHAN vs.
    COMMISSION ON ELECTIONS
    G.R. Nos. 166143-47 November 20, 2006
    VELASCO, JR., J.
    FACTS:
    Abdusakur M. Tan and Basaron Burahan were the gubernatorial and vice-gubernatorial
    candidates, respectively, of Sulu Province in the May 10, 2004 national and local
    elections. On May 17, 2004, Tan and Burahan, together with other local candidates for
    congressman, mayor, and vice-mayor, filed with the COMELEC four (4) Petitions for
    Declaration of Failure of Elections in the towns of Maimbung, Luuk, Tongkil, and
    Panamao, all of Sulu Province. Tan and Burahan alleged systematic fraud, terrorism,
    illegal schemes, and machinations allegedly perpetrated by private respondents and their
    supporters resulting in massive disenfranchisement of voters.
    COMELEC en banc dismissed all the petitions to declare failure of elections.
    Petitioners argue that there was failure of elections in the four (4) subject municipalities
    as there was really no election held because all the ballots in these municipalities were
    filled out by private respondents’ relatives and supporters. They assert that there was
    merely a sham election followed by a similar sham canvassing, and the voters were
    consequently disenfranchised.
    ISSUE:
    WON there was failure of election.
    HELD:
    NO. Three (3) instances justify the declaration of failure of election, to wit: (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 had been suspended before the hour fixed by law for the closing of the
    voting on account of force majeure, violence, terrorism, fraud, or other analogous causes;
    or (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.
    In these three (3) instances, there must be a resulting failure to elect.
    Before the COMELEC can act on a verified petition seeking to declare a failure of
    election two conditions must concur, namely (1) no voting took place in the precinct or
    precincts on the date fixed by law, or even if there was voting, the election resulted in a
    failure to elect; and (2) the votes not cast would have affected the result of the election.
    Note that the cause of such failure of election could only be any of the following: force
    majeure, violence, terrorism, fraud or other analogous causes. A scrutiny of the petitions
    filed before the COMELEC shows that petitioners never alleged that no voting was held
    nor was voting suspended in the subject municipalities. Neither did petitioners allege that
    no one was elected. Petitioners only allege that there was a sham election and similar
    sham canvassing. As noted earlier, to warrant a declaration of failure of election, the
    alleged irregularities must be proven to have prevented or suspended the holding of an
    election, or marred fatally the preparation and transmission, custody, and canvass of the
    election returns.

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