DIBARATUN VS.

COMELEC and ABUBAKAR

G.R. No. 170365
Fe!"a!# $% $010
FACTS& Abubakar,a candidate for the position of Punong Barangay of
Barangay Bagoainguid, Tugaya, Lanao del Sur, fled a petition before the
COMLC to declare a failure of elections in ! Precinct and to annul the
procla"ation of #ibaratun as the duly elected Punong Barangay in the $uly
!%, &''& Synchroni(ed Barangay and Sangguniang )abataan lections*
+n his petition, Abubakar alleged that on the "orning of the election day, the
casting of ,otes in the abo,e "entioned precinct -as co""enced and -hile
only !' ,oters had actually ,oted, the son #+BA.AT/0 got inside the polling
place and -as caught in possession of 1 flled up ballots -here candidate
#+BA.AT/0 -ere ,oted -hich he -anted to place or insert inside the ballot
bo2 for o3cial 4sic5*
That -hen said son -as confronted by the -atchers regarding said o3cial
ballots, he got "ad and 6ared up and co""itted ,iolence -hich disrupted
and stopped the casting of ,otes and because of the co""otion, the
chair"an left the ballot bo2 -hich -as held by the co"panions of the son and
destroyed the said ballot bo2, took the o3cial ballot contained therein and
inserted, placed therein a bundle of substituted ballots*
That due to the facts ad,erted to abo,e, the casting of ,otes -as stopped
and it -as ne,er resu"ed nor continued* Only !' ,oters had actually ,oted
out of !%! registered ,oters*
That unkno-n to Abubakar, the respondent B+, in conspiracy and conni,ance
-ith #ibaratun, surreptitiously and clandestinely can,assed the election
returns and then illegally proclai"ed the #ibaratun and issued Certifcate of
Can,ass of 7otes and Procla"ation of 8inning Candidates dated $uly !9,
&''&*
.espondents therein fled their Ans-er denying the allegations of
Abubakar*They contended that as !' ,oters had actually ,oted, there -as no
failure of elections in the afore"entioned precinct* They further contended
that the petition -as fled out of ti"e*
+n a .esolution the COMLC en banc granted the petition, the procla"ation
of #ibaratun as the duly elected Punong Barangay is hereby A00/LL# and
he is thus O.#.# to CAS A0# #S+ST fro" e2ercising the po-ers and
responsibilities of the said o3ce* A special elections yet to be scheduled by
this Co""ission is ordered* hence, this petition for certiorari*
ISSUE& 8O0 the COMLC en banc co""itted gra,e abuse of discretion
a"ounting to lack or e2cess of :urisdiction in declaring a failure of elections
and in annulling the procla"ation of petitioner as the elected Punong
Barangay*
'ELD& 8;.<O., the instant petition for certiorari is hereby
#+SM+SS#*0O* The petition is un"eritorious*
The !=>? Constitution ,ests in the COMLC the broad po-er to enforce all
the la-s and regulations relati,e to the conduct of elections, as -ell as the
plenary authority to decide all @uestions aAecting elections e2cept the
@uestion as to the right to ,ote*
Sec 9 of the O"nibus lection Code pro,ides for the instances -hen the
COMLC "ay declare failure of elections, thusB
SC* 9* <ailure of election* C +f, on account of force "a:eure, ,iolence, terroris", fraud,
or other analogous causes 4!5 the election in any polling place has not been held on
the date f2ed, or had been 4&5 suspended before the hour f2ed by la- for the closing
of the ,oting, or 415 after the ,oting and during the preparation and the trans"ission of
the election returns or in the custody or can,ass thereof, such election results in a
failure to elect, and in any of such cases the failure or suspension of election -ould
aAect the result of the election, the Co""ission shall, on the basis of a ,erifed
petition by any interested party and after due notice and hearing, call for the holding
or continuation of the election not held, suspended or -hich resulted in a failure to
elect on a date reasonably close to the date of the election not held, suspended or
-hich resulted in a failure to elect but not later than 1' days after the cessation of the
cause of such postpone"ent or suspension of the election or failure to elect*
Sec* 9 of the O"nibus lection Code is re6ected in Sec* &, .ule &9 of the
COMLC .ules of Procedure*
The COMLC en banc based its decision to declare a failure of elections in
the Precinct on the second instance stated in Sec 9 of the O"nibus lection
Code, that is, the election in any polling place had been suspended before the
hour f2ed by la- for the closing of the ,oting on account of force "a:eure,
,iolence, terroris", fraud or other analogous causes* +t held that in this case,
it -as undisputed that after only !' registered ,oters cast their ,otes, the
,oting -as suspended before the hour f2ed by la- by reason of ,iolence*
This -as supported by the a3da,its sub"itted by both petitioner and pri,ate
respondent, -ho only disagreed as to the perpetrator of the ,iolence as each
party bla"ed the other party*
The COMLC en banc ruled that since both parties agreed that the elections
-ere suspended before the hour f2ed by la- due to ,iolence caused by
undeter"ined persons, there -as ob,iously a failure of elections in the
afore"entioned precinct*
The fndings of fact of the COMLC en banc are binding on this Court* The
grounds for failure of election 4i*e*, force "a:eure, ,iolence, terroris", fraud,
or other analogous cases5 in,ol,e @uestions of (a)*, -hich can only be
deter"ined by the COMLC en banc after due notice to and hearing of the
parties* The COMLC, as the ad"inistrati,e agency and speciali(ed
constitutional body charged -ith the enforce"ent and ad"inistration of all
la-s and regulations relati,e to the conduct of an election, plebiscite,
initiati,e, referendu", and recall, has the e2pertise in its feld so that its
fndings and conclusions are generally respected by and conclusi,e on the
Court*
DD
Moreo,er, petitioner contends that AbubakarEs petition for the declaration of
failure of elections and to annul the procla"ation of petitioner -as in the
nature of a preFprocla"ation contro,ersy under Sec* &G! of the O"nibus
lection Code, but respondent failed to co"ply -ith the procedures therefor*
Petitioner also contends that the petition -as fled out of ti"e, and that
respondent failed to pay the docket fees on ti"e*
PetitionerEs argu"ents lack "erit*
The issue does not fall under preFprocla"ation contro,ersies* The issues that
"ay be ,entilated in a preFprocla"ation contro,ersy are enu"erated in Sec*
&G1 of the O"nibus lection Code, thusB
!* +llegal co"position or proceedings of the board of can,assersH
&* The can,assed election returns are inco"plete, contain "aterial defects, appear
to be ta"pered -ith or falsifed, or contain discrepancies in the sa"e returns or in
other authentic copies thereof as "entioned in Secs &11, &1G, &1% and &19 of the
O"nibus lection CodeH
1* The election returns -ere prepared under duress, threats, coercion, or
inti"idation, or they are ob,iously "anufactured or not authenticH and
G* 8hen substitute or fraudulent returns in contro,erted polling places -ere
can,assed, the results of -hich "aterially aAected the standing of the aggrie,ed
candidate or candidates*
A petition to declare a failure of elections is neither a preFprocla"ation
contro,ersy as classifed under Sec* % 4h5, .ule ! of the .e,ised COMLC
.ules of Procedure, nor an election case*
DD
<urther, petitionerEs basis for the allegation that pri,ate respondentEs petition
-as fled out of ti"e is Sec* &%& of the O"nibus lection Code, co,ering
election contests for barangay o3ces, -herein a petition is fled -ith the
proper "unicipal or "etropolitan trial court -ithin ten days after the
procla"ation of the results of the election*
;o-e,er, the petition fled by pri,ate respondent -as no* (o! an e+e)*,on
)on*e-* under Sec* &%& of the O"nibus lection Code, but for the
declaration of failure of elections under Sec 9 of the sa"e Code* The Court
notes that the pro,isions on failure of elections in Se) 6 of the O"nibus
lection Code and Sec* &, .ule &9 of the COMLC .ules of Procedure do no*
.!o/,de (o! a .!e-)!,.*,/e .e!,od (o! *0e 1+,n2 o( a .e*,*,on (o!
de)+a!a*,on o( (a,+"!e o( e+e)*,on-* +t appears that the COMLC en banc
has the discretion -hether or not to take cogni(ance of such petition* The
COMLCEs resolution of pri,ate respondentEs petition -as in keeping -ith its
function to ensure the holding of free, orderly, honest, peaceful, and credible
elections*