G.R. No. 139028 – BASHER v.

COMELEC (2000)  Even if the postponement was valid, there was also a failure of election because it
Panganiban, J. was not conducted in the manner prescribed by law.
o There was no notice to the electorate as to the announcement "over the
DOCTRINE mosque" at 9pm did not constitute sufficient notice to the electorate.
Only the COMELEC is vested with the authority to postpone an election, motu proprio or o Consequently, not the entire electorate or even a respectable number
upon petition by any interested party, and after due notice and hearing. could have known of the activity and actually participated therein or
voluntarily and discerningly chosen not to have done so.
FACTS o The election was also conducted at an irregular time (9pm) and at an
1. Petitioner Hadji Rasul Batador Basher and respondent Abulkair Ampatua were both illegal polling place (the house of the former mayor).
candidates for Punong Barangay in Brgy. Maidan, Tugaya, Lanao del Sur during the
May 12, 1997 barangay elections. The election was declared a failure and a special DISPOSITIVE PORTION
one was set for June 12, 1997; there was another failure and the election was reset to Petition granted. The proclamation of respondent Ampatua is declared void, and the
August 30, 1997. COMELEC is ordered to conduct a special election for Brgy. Maidan, Tugaya, Lanao del
2. On August 30, 1997, voting started at 9pm because of the prevailing tension in the Sur.
barangay. The election officer reported being advised by some religious leaders not to
proceed with the election because "it might trigger bloodshed." With the arrival of
additional troops, the election officer proceeded to Maidan to conduct the election
starting at 9:00 p.m. until the early morning of the following day. The holding of the
election at that particular time was allegedly announced "over the mosque."
3. The tally sheet for the said election showed the following results: Respondent Ampatua
– 250 votes; petitioner Basher – 15 votes; and Baulo Abdul Razul, a third candidate –
10 votes. Ampatua was proclaimed winner.
4. Basher then filed a petition before the COMELEC praying that the election be declared
a failure, alleging that no election was conducted in the place and at the time prescribed
by law. He narrated that there was a dispute among the candidates regarding the venue
of the election in the lone voting precinct of the barangay. In order to avoid bloodshed,
they ultimately agreed that no election would be conducted. Accordingly, the election
officer turned over for safekeeping the ballot box containing election paraphernalia to
the acting station commander (OIC) of the PNP. The following day, Basher and Razul
were surprised to learn that the election officer had directed the Board of Election
Tellers to conduct the election and to fill up the election returns and certificates of
canvass on the night of August 30, 1997 at the residence of the former mayor. Basher
also stated that no announcement to hold the election at the former mayor’s house that
night was ever made. COMELEC dismissed the petition.

ISSUES with HOLDING

1. W/N there was a valid postponement of election – No.
 According to Sec. 45 of the Omnibus Election Code, only the COMELEC has the
authority to postpone an election, upon petition or motu proprio, and in both cases
only after due notice and hearing.
 In the instant case, the election officer of Maidan admitted to having declared a
postponement of election without following the procedure in the Omnibus Election
Code and RA 6679.
o She attempted to justify her postponement of the election by citing
threats of violence and bloodshed from armed escorts of the municipal
mayor and the military.
o However, the election officer did not conduct any proceeding, summary
or otherwise, to find out whether any of the legal grounds for the
suspension or postponement or the declaration of failure of the election
actually existed in the barangay concerned.