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    AMOROSO, Arriane Marie S - 2B

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    Aira Amoroso
    The document summarizes two key points from jurisprudence regarding the nullification of elections: (1) There are two indispensable requisites for nullifying an election - the illegality must affect more than 50% of votes cast in a precinct/precincts or more than 50% of a municipality's total precincts, and it must be impossible to distinguish lawful and unlawful ballots. (2) While COMELEC has authority to annul elections, the Supreme Court ruled that electoral tribunals like HRET also have limited power to annul under very stringent conditions.

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    AMOROSO, Arriane Marie S - 2B

    Uploaded by

    Aira Amoroso
    19 views1 page
    The document summarizes two key points from jurisprudence regarding the nullification of elections: (1) There are two indispensable requisites for nullifying an election - the illegality must affect more than 50% of votes cast in a precinct/precincts or more than 50% of a municipality's total precincts, and it must be impossible to distinguish lawful and unlawful ballots. (2) While COMELEC has authority to annul elections, the Supreme Court ruled that electoral tribunals like HRET also have limited power to annul under very stringent conditions.

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    AMOROSO, Arriane Marie S- 2B

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    The document summarizes two key points from jurisprudence regarding the nullification of elections: (1) There are two indispensable requisites for nullifying an election - the illegality must affect more than 50% of votes cast in a precinct/precincts or more than 50% of a municipality's total precincts, and it must be impossible to distinguish lawful and unlawful ballots. (2) While COMELEC has authority to annul elections, the Supreme Court ruled that electoral tribunals like HRET also have limited power to annul under very stringent conditions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    19 views1 page

    AMOROSO, Arriane Marie S - 2B

    Uploaded by

    Aira Amoroso
    The document summarizes two key points from jurisprudence regarding the nullification of elections: (1) There are two indispensable requisites for nullifying an election - the illegality must affect more than 50% of votes cast in a precinct/precincts or more than 50% of a municipality's total precincts, and it must be impossible to distinguish lawful and unlawful ballots. (2) While COMELEC has authority to annul elections, the Supreme Court ruled that electoral tribunals like HRET also have limited power to annul under very stringent conditions.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    AMOROSO, Arriane Marie S.

    December 12,2020
    Election Law- 2B Atty. Pascasio

    1. What are the two (2) indispensable requisites that must concur in order to
    justify the drastic action of nullifying an election?

    In the ruling of the 2016 case of Abayon V. HRET, the Supreme Court held that there
    are two indispensable requisites that must concur in order to justify the drastic action of
    nullifying the election:

    (1) The illegality of the ballots must affect more than 50 percent of the votes cast on the
    specific precinct or precincts sought to be annulled, or in case of the entire municipality,
    more than 50 percent of its total precincts and the votes cast therein; and

    (2) It is impossible to distinguish with reasonable certainty between the lawful and
    unlawful ballots.

    The ruling also likewise provided that “Absent anything that would concretely and
    directly establish protestee as the one who had induced or actually perpetrated the
    commission of terroristic acts and demonstrate that those incidents were part of a
    scheme to frustrate the free expression of the will of the electorate……”

    2. Which has the authority to annul congressional elections – Comelec or HRET?

    As provided by jurisprudence, there is no specific provision vesting the COMELEC with


    the authority to annul an election. However, there is no doubt with regards to
    COMELEC's extensive powers. Under the Constitution, it is the duty of the COMELEC
    to "enforce and administer all laws relative to the conduct of elections." The 1978
    Election Code (PD No. 1296) accords it​ exclusive​ charge of the enforcement and
    administration of all laws relative to the conduct of elections for the purpose of ensuring
    free, orderly and honest elections (Sec. 185).

    In other words, in line with 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.

    However, in the ruling of the 2016 case of Abayon V. HRET, the Supreme Court held
    that an electoral tribunal also has the power to annul election results. Although it is to be
    noted that the court likewise ruled that such power can be exercised only in limited
    instances, and under very stringent conditions.

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