ELECTIONS
ELECTIONS
Case Digests Case DigestsESSENCE OF ELECTIONS/DEFINITION, BASIS AND ESSENCE OF ELECTIONS/DEFINITION, BASIS AND NATURENATURE Carlos vs Angeles (G.R. No. 142907 Nov 29, 2000) Carlos vs Angeles (G.R. No. 142907 Nov 29, 2000)
Eve
Even n if if the the cancandiddidate ate recreceiveiving ing the the majmajoriority ty votvotes es is is ineineligligiblible e or or disqualified, the candidate receiving the next highest number of votes or disqualified, the candidate receiving the next highest number of votes or the second placer, can not be declared elected.
the second placer, can not be declared elected.
Muni
Municipal Board cipal Board of of CanvCanvasseassers, rs, ValeValenzuenzuela, la, MetrMetro o ManiManilala pr
prococlalaimimed ed pepetitititiononer er as as ththe e duduly ly elelececteted d mamayoyor r of of Vale
Valenzuelnzuela a havhaving ing obtaiobtained ned 102,68102,688 8 votevotes, s, the the highhighestest number of votes in the election returns. Respondent Antonio number of votes in the election returns. Respondent Antonio M. Serapio who obtained 77,270 votes, the second highest M. Serapio who obtained 77,270 votes, the second highest num
number ber of of votvotes, es, filfiled ed witwith h the the RegRegionional al TriTrial al CouCourt,rt, Valenzuela, Metro Manila, an election protest challenging the Valenzuela, Metro Manila, an election protest challenging the results. The trial court rendered a judgment ruling that the results. The trial court rendered a judgment ruling that the perpetuation of fraud had undoubtedly suppressed the true perpetuation of fraud had undoubtedly suppressed the true will of the electorate of Valenzuela and substituted it with will of the electorate of Valenzuela and substituted it with the will of the protestee. Notwithstanding the plurality of the will of the protestee. Notwithstanding the plurality of valid votes in favor of the
valid votes in favor of the protestee, the trial court set asideprotestee, the trial court set aside the proclamation of protestee Jose Emmanuel Carlos by the the proclamation of protestee Jose Emmanuel Carlos by the Muni
Municipal Board cipal Board of of CanvCanvasseassers rs and and decladeclared red proteprotestanstantt Antonio M. Serapio as the duly elected mayor of Valenzuela Antonio M. Serapio as the duly elected mayor of Valenzuela City.
City.
Issue: WoN the trial court acted without jurisdiction or with Issue: WoN the trial court acted without jurisdiction or with grave abuse of
grave abuse of discrdiscretion when the court etion when the court set aside theset aside the proclamation of petitioner and declared respondent Serapio proclamation of petitioner and declared respondent Serapio as the
as the duly electeduly elected d mayor of mayor of ValeValenzuenzuela City la City despidespite itste its findi
finding ng that petitionthat petitioner garnered 83,609 er garnered 83,609 valivalid d votes whilevotes while respondent obtained 66,602 valid votes, or a winning margin respondent obtained 66,602 valid votes, or a winning margin of 17,007 votes.
of 17,007 votes. Held: Yes, an
Held: Yes, an electelection means "the ion means "the choichoice or ce or seleselection of ction of candidates to public office by popular vote" through the use candidates to public office by popular vote" through the use of
of the ballothe ballot, t, and the and the eleelectected d offofficiicials of als of whwhich ich araree
determined through the will of the
determined through the will of the electorate. "An election iselectorate. "An election is the embodiment of the popular will, the expression of the the embodiment of the popular will, the expression of the sov
sovereereign ign powpower er of of the the peopeopleple." ." SpeSpecifcificaicallylly, , the the tertermm 'election', in the context of the Constitution, may refer to the 'election', in the context of the Constitution, may refer to the condu
conduct ct of the of the pollspolls, , incluincluding the listing of ding the listing of votervoters, thes, the holdi
holding ng of the of the elecelectoral campaigtoral campaign, and n, and the casting andthe casting and coun
counting of votes." ting of votes." The winneThe winner is r is the candthe candidate who hasidate who has obtained a majority or plurality of valid votes cast in the obtained a majority or plurality of valid votes cast in the election. "Sound policy dictates that public elective offices election. "Sound policy dictates that public elective offices are filled by those who receive the highest number of votes are filled by those who receive the highest number of votes cast in the election for that office. For, in all republican cast in the election for that office. For, in all republican forms of government the basic idea is that no one can be forms of government the basic idea is that no one can be declared elected and no measure can be declared carried declared elected and no measure can be declared carried unless he or it receives a majority or plurality of the legal unless he or it receives a majority or plurality of the legal votes cast in the elect
votes cast in the election." ion." In case of protest, a In case of protest, a revision orrevision or recount of the ballots cast for the candidates decides the recount of the ballots cast for the candidates decides the election protest case. The candidate receiving the highest election protest case. The candidate receiving the highest number or plurality of votes shall be proclaimed the winner. number or plurality of votes shall be proclaimed the winner. Eve
Even n if if the the cancandiddidate ate recreceiveiving ing the the majmajoriority ty votvotes es isis ineligible or disqualified, the candidate receiving the next ineligible or disqualified, the candidate receiving the next highest number of votes or the second placer, cannot be highest number of votes or the second placer, cannot be dec
declarlared ed eleelectected. d. "Th"The e wrewreath ath of of vicvictortory y cancannot not bebe transferred from the disqualified winner to the repudiated transferred from the disqualified winner to the repudiated los
loser er becbecausause e the law the law thethen n as as now only now only autauthorhorizeizes s aa dec
declarlaratiation on of of eleelectiction on in in favfavor or of of the persothe person n who haswho has obtained a plurality of votes and does
obtained a plurality of votes and does not entitle a candidatenot entitle a candidate rece
receiving the next iving the next highhighest number of est number of votes to votes to be declaredbe declared elected."
elected." In other words, In other words, "a defeated candidate cannot be"a defeated candidate cannot be deemed elected to the office."
deemed elected to the office."
Rulloda vs. COMELEC (G.R. No. 154198 Jan 20, Rulloda vs. COMELEC (G.R. No. 154198 Jan 20, 2003)2003)
The purpose of election laws which is to give effect t
The purpose of election laws which is to give effect t o rather than frustrateo rather than frustrate the will of the
the will of the votvotersers. . It is It is a a solsolemn duty to emn duty to uphuphold the cleaold the clear r and and unmis
unmistakatakable mandate of the ble mandate of the peoppeople. It le. It is well-setis well-settled that in tled that in case of case of doubt, political laws must be so construed as to give life and spirit to the doubt, political laws must be so construed as to give life and spirit to the popular mandate freely expressed through the ballot.
popular mandate freely expressed through the ballot.
Ro
Romemeo o N. N. RuRullllododa a anand d ReRememegigio o L. L. PlPlacacidido o wewere re ththee contending candidates for Barangay Chairman of Sto. Tomas, contending candidates for Barangay Chairman of Sto. Tomas,
San Jacinto, Pangasinan. On June 22, 2002, Romeo suffered a San Jacinto, Pangasinan. On June 22, 2002, Romeo suffered a hea
heart rt attattack ack anand d paspassed sed awaway. ay. His His widwidow, ow, petpetitiitioneonerr Petronila "Betty" Rulloda, wrote a letter to the Commission Petronila "Betty" Rulloda, wrote a letter to the Commission on Elections seeki
on Elections seeking ng permipermissiossion n to to run as run as candcandidate foridate for Barangay Chairman of Sto. Tomas in
Barangay Chairman of Sto. Tomas in lieu of her late lieu of her late husband.husband. BoC
BoC proclaproclaimed Placido winner imed Placido winner despidespite te garngarnering only ering only 290290 votes which is
votes which is lesselesser r than Rullodathan Rulloda’s ’s 516. Petitione516. Petitioner r laterlater fou
found nd out that out that COMCOMELEELEC C dendenied ied heher r appappliclicatiation on to to bebe substitute candidate of her late husband. COMELEC based its substitute candidate of her late husband. COMELEC based its decision on its Resolution No. 4801 declaring there shall be decision on its Resolution No. 4801 declaring there shall be no substitution for barangay and SK
no substitution for barangay and SK elections. Petitioner filedelections. Petitioner filed the instant petition for certiorari, seeking to annul Section 9 the instant petition for certiorari, seeking to annul Section 9 of Resolution No. 4801 and Resolution No. 5217, both of the of Resolution No. 4801 and Resolution No. 5217, both of the COMELEC, insofar as they prohibited petitioner from running COMELEC, insofar as they prohibited petitioner from running as substitute candidate in lieu of her deceased husband; to as substitute candidate in lieu of her deceased husband; to nullify the proclamation of respondent; and to proclaim her nullify the proclamation of respondent; and to proclaim her as the duly elected Barangay Chairman of Sto. Tomas, San as the duly elected Barangay Chairman of Sto. Tomas, San Jacinto, Pangasinan.
Jacinto, Pangasinan. Iss
Issue: ue: WON WON RulRullodloda a shoshould uld be be decdeclarlared ed the the winwinner ner andand proclaimed as the Barangay Chairman
proclaimed as the Barangay Chairman Hel
Held: d: YesYes, , eleelectiction on meameans ns the the chochoice or ice or selselectection ion of of candidates to public office by popular vote through the use candidates to public office by popular vote through the use of the ballot,
of the ballot, and the elected officials which are and the elected officials which are determineddetermined thr
througough h the will the will of of the electthe electoraorate. An te. An eleelectiction on is is thethe emb
embodiodimenment t of of the the poppopulaular r wilwill, l, the the expexpresressiosion n of of thethe sovereign power of the people. The winner is the candidate sovereign power of the people. The winner is the candidate who has obtained a majority or plurality of
who has obtained a majority or plurality of valid votes cast invalid votes cast in the election
the election. . Sound policy dictates that Sound policy dictates that publipublic c electelectiveive offices are filled by those who
offices are filled by those who receive the highest number of receive the highest number of vot
votes cast es cast in in the electhe electiotion n for that officfor that office. e. ForFor, , in in allall republican forms of government the basic idea is that republican forms of government the basic idea is that no oneno one can be declared elected and no measure can be declared can be declared elected and no measure can be declared carried unless he or it receives a majority or plurality of the carried unless he or it receives a majority or plurality of the legal votes
legal votes cast in cast in the election. Private responthe election. Private respondent arguesdent argues that inasmuch as the
that inasmuch as the barangay election is non-partisan, therebarangay election is non-partisan, there can be
can be no substituno substitution becaustion because e therthere e is no is no politipolitical partycal party fr
interpretation, aside from being
interpretation, aside from being non sequitur non sequitur , ignores the, ignores the purpose of election laws which is to give effect to, rather purpose of election laws which is to give effect to, rather than frustrate, the will of the voters. It is a solemn duty to than frustrate, the will of the voters. It is a solemn duty to uphold the clear and unmistakable mandate of the people. It uphold the clear and unmistakable mandate of the people. It is well-settled that in case of doubt, political laws must be so is well-settled that in case of doubt, political laws must be so construed as to give life and spirit to the popular mandate construed as to give life and spirit to the popular mandate freely expressed through the ballot. Contrary to respondent’s freely expressed through the ballot. Contrary to respondent’s cla
claim, im, the the absabsencence e of of a a spespecifcific ic proprovisvision ion govgovernerninging substitution of candidates in barangay elections cannot be substitution of candidates in barangay elections cannot be infer
inferred as red as a a prohprohibitioibition n agaiagainst said nst said subssubstitutititution. Such on. Such aa restrictive construction cannot be read into the law where restrictive construction cannot be read into the law where the same is not written. Indeed, there is more reason to the same is not written. Indeed, there is more reason to allow the
allow the subssubstituttitution of ion of candcandidateidates s wherwhere e no no politpoliticalical parti
parties es are are invoinvolved than lved than when politicawhen political l consconsideraiderations ortions or party affiliations reign, a fact
party affiliations reign, a fact that must have been subsumedthat must have been subsumed by law.
by law.
Sunga vs. COMELEC (G.R. No. 125629 Mar 25, Sunga vs. COMELEC (G.R. No. 125629 Mar 25, 1998)1998)
It
It wowoululd d be be exextrtrememelely y rerepupugngnanant t to to ththe e babasisic c coconcncepept t of of ththee constitutionally guaranteed right to suffrage if a candidate who has not constitutionally guaranteed right to suffrage if a candidate who has not acqu
acquired the ired the majormajority ity or pluralitor plurality y of votes of votes is proclaimeis proclaimed d winnewinner r and and impos
imposed as ed as the representthe representative of ative of a a constconstituencituency, y, the majority of the majority of whomwhom have positively declared through their ballots that they do not choose him. have positively declared through their ballots that they do not choose him.
Petitioner Manuel C. Sunga was one of the candidates for the Petitioner Manuel C. Sunga was one of the candidates for the position of Mayor in the Municipality of Iguig, Province of position of Mayor in the Municipality of Iguig, Province of Cagay
Cagayan, in an, in the 8 the 8 May 1995 May 1995 electelectionsions. . PrivaPrivate te resprespondenondentt Fer
Ferdindinanand d B. B. TriTrinidnidad, ad, thethen n incincumbumbenent t maymayor, or, was was aa candi
candidate for date for re-ere-electilection on in in the the same municipsame municipalityality. . SungSungaa f i
f il el ed d w iw it h t h t ht he e C OC OMME LE LE C E C a a l el et tt te re r- c- co mo mp lp la ia inntt forfor disqualification against Trinidad, accusing him of using three disqualification against Trinidad, accusing him of using three (3) local government vehicles in his campaign, in violation of (3) local government vehicles in his campaign, in violation of Sec. 261, par. (o), Art. XXII, of BP
Sec. 261, par. (o), Art. XXII, of BP Blg. 881 (Omnibus ElectionBlg. 881 (Omnibus Election Code, as amended
Code, as amended). On ). On 7 7 May 1995, Sunga filed anotherMay 1995, Sunga filed another letter-complaint
letter-complaint with the with the COMECOMELEC charging Trinidad thisLEC charging Trinidad this time with violation of Sec. 261, par. (e) (referring to threats, time with violation of Sec. 261, par. (e) (referring to threats, intim
intimidatiidation, terrorison, terrorism m or or otheother r forms of forms of coerccoercion) of ion) of thethe Omnibus Election Code. Election results
Omnibus Election Code. Election results showed that Trinidadshowed that Trinidad
garnered the highest number of votes, while Sunga trailed garnered the highest number of votes, while Sunga trailed second.
second. Issu
Issue: WON e: WON SungSunga as a as the second placer is entitled to bethe second placer is entitled to be proclaimed in the event Trinidad is
proclaimed in the event Trinidad is disqualifieddisqualified Held: No, the
Held: No, the fact that the fact that the candcandidate who obtaineidate who obtained thed the highest number of votes is later disqualified for the office to highest number of votes is later disqualified for the office to which he was elected does not entitle the candidate who which he was elected does not entitle the candidate who obtained the second highest number of votes to be declared obtained the second highest number of votes to be declared the winn
the winner er of of the electhe electivtive e offofficeice. . The voteThe votes s cascast t for afor a disqualified person may not be valid to install the winner into disqualified person may not be valid to install the winner into office or maintain him there. But in the absence of a statute office or maintain him there. But in the absence of a statute which clearly asserts a
which clearly asserts a contrcontrary ary politpolitical ical and and legislegislativlativee policy on the matter, if the votes were cast in the sincere policy on the matter, if the votes were cast in the sincere belief that the candidate was qualified, they should not be belief that the candidate was qualified, they should not be tre
treateated d as as strstray, ay, voivoid d or or meameaninningleglessss.. Sunga Sunga totaltotallyly miscontrued the nature of our democratic electoral process miscontrued the nature of our democratic electoral process as well as the sociological and psychological elements behind as well as the sociological and psychological elements behind voter
voters' s' prefepreferencrences. Election is es. Election is the process of the process of complcompleteete asce
ascertainrtainment of ment of the expressthe expression of ion of the popular will. the popular will. ItsIts ul
ultitimamate te pupurprposose e is is to to gigive ve efeffefect ct to to ththe e wiwill ll of of ththee electorate by giving them direct
electorate by giving them direct participation in choosing theparticipation in choosing the men and women who
men and women who will run their governmewill run their government. Thus, itnt. Thus, it would be
would be extreextremely repugnmely repugnant to ant to the basic concept of thethe basic concept of the constitutionally guaranteed right to suffrage if a candidate constitutionally guaranteed right to suffrage if a candidate who has not acquired the majority or plurality of votes is who has not acquired the majority or plurality of votes is proclaimed winner and imposed as the representative of a proclaimed winner and imposed as the representative of a constituency, the majority of whom have positively declared constituency, the majority of whom have positively declared throu
through their ballots that they do gh their ballots that they do not choose him.not choose him. WhileWhile Sunga may
Sunga may have garnehave garnered the red the secosecond highest number of nd highest number of votes, the fact remains that he was not the choice of the votes, the fact remains that he was not the choice of the people of Iguig, Cagayan. "The wreath of victory cannot be people of Iguig, Cagayan. "The wreath of victory cannot be transferred from the disqualified winner to the repudiated transferred from the disqualified winner to the repudiated los
loser er becbecausause e the law the law thethen n as as now only now only autauthorhorizeizes s aa dec
declarlaratiation on of of eleelectiction on in in favfavor or of of the persothe person n who haswho has obtained a plurality of votes and does
obtained a plurality of votes and does not entitle a candidatenot entitle a candidate rece
receiving the next iving the next highhighest number of est number of votes to votes to be declaredbe declared elected."
elected."
Mitmug vs COMELEC (G.R. No. 106270-73 Feb 10, 1994) Mitmug vs COMELEC (G.R. No. 106270-73 Feb 10, 1994)
All the law require
All the law requires is s is that a winning candidthat a winning candidate must be elected by aate must be elected by a plurality of valid votes, regardless of the actual number of ballots cast. plurality of valid votes, regardless of the actual number of ballots cast. Thus, even if less than 25% of the electorate in the questioned precincts Thus, even if less than 25% of the electorate in the questioned precincts cast their votes, the same must still be
cast their votes, the same must still be respected.respected.
Pet
Petitiitioneoner r SULSULTAN TAN MOMOHAMHAMAD AD L. L. MITMITMUG MUG anand d priprivatvatee respo
respondenndent t DATU GAMBAI DATU GAMBAI DAGADAGALANGLANGIT IT were among were among thethe cand
candidateidates s for for the the mayormayoralty alty positposition ion of of LumbLumba-Baya-Bayabaoabao.. Voter turnout for the election was very low. Only 2,330 out Voter turnout for the election was very low. Only 2,330 out of 9,830
of 9,830 registered voters therein cast their votes. Dagalangitregistered voters therein cast their votes. Dagalangit won
won. . OthOther er cancandiddidateates s filfiled ed sepseparaarate te petpetitiition on for for thethe declaration of failure of election in some or all precincts in declaration of failure of election in some or all precincts in Lumba-Bayabao.
Lumba-Bayabao.
Issue: WON COMELEC should declare a failure of election on Issue: WON COMELEC should declare a failure of election on the ground of massive disenfranchisement of voters due to the ground of massive disenfranchisement of voters due to alleged terrorism and unlawful clustering of precincts. alleged terrorism and unlawful clustering of precincts. Held. No. before COMEL
Held. No. before COMELEC can EC can act on act on a verified petitia verified petitionon seeking to declare a failure of election, two (2) conditions seeking to declare a failure of election, two (2) conditions must concur:
must concur: firstfirst, no voting has taken place in the precinct, no voting has taken place in the precinct or precincts on the date fixed by law or, even if there was or precincts on the date fixed by law or, even if there was voting, the election nevertheless results in failure to elect; voting, the election nevertheless results in failure to elect; and,
and, second second , the votes not cast would , the votes not cast would affect the result of theaffect the result of the elect
election. ion. In the In the case before us, case before us, it it is is induindubitabbitable le that thethat the votes not cast will
votes not cast will defindefinitely affecitely affect t the outcome of thethe outcome of the elect
election. But, the ion. But, the first requisfirst requisite is ite is missmissing, i.e., that noing, i.e., that no actua
actual voting took l voting took placeplace, , or even if or even if therthere is, e is, the resultsthe results thereon will be tantamount to a failure to elect. Since actual thereon will be tantamount to a failure to elect. Since actual vo
votiting ng anand d elelecectition on by by ththe e reregigiststerered ed vovoteters rs in in ththee questioned precincts have taken place, the results thereof questioned precincts have taken place, the results thereof cannot be disregarde
cannot be disregarded and excluded. d and excluded. COMELEC therefore didCOMELEC therefore did not commit any
not commit any abusabuse e of discretiof discretion, much less grave, inon, much less grave, in denying the petitions outright. There was no basis for the denying the petitions outright. There was no basis for the petitions since the facts alleged therein did not constitute petitions since the facts alleged therein did not constitute suffi
sufficient groundcient grounds s to to warrawarrant nt the relief sought. For, thethe relief sought. For, the language of the law expressly requires the concurrence of language of the law expressly requires the concurrence of these conditions to justify the calling of a special election. these conditions to justify the calling of a special election.
There can be failure of election in a political unit only if the There can be failure of election in a political unit only if the wil
will l of of the majorthe majority has ity has beebeen n defdefileiled d and cannand cannot ot bebe asc
ascertertainained. But, ed. But, if if it it can be can be detdetermermineined, d, it it musmust t bebe accor
accorded respectded respect. . After all, there is After all, there is no provision in no provision in ourour election laws which requires that a majority of registered election laws which requires that a majority of registered voters must cast their votes. All the law requires is that a voters must cast their votes. All the law requires is that a winning candidate must be elected by a plurality of valid winning candidate must be elected by a plurality of valid votes, regardless of the actu
votes, regardless of the actual number of ballots cast. al number of ballots cast. Thus,Thus, even if less than 25% of the electorate in the questioned even if less than 25% of the electorate in the questioned precincts cast their votes, the same must still be respected. precincts cast their votes, the same must still be respected. There is
There is prima facieprima facie showishowing ng that private respondethat private respondent nt waswas el
elececteted d ththrorougugh h a a plplururalalitity y of of vavalilid d vovotetes s of of a a vavalilidd constituency.
constituency.
STATUTORY INTERPRETATION IN ELECTION LAWS STATUTORY INTERPRETATION IN ELECTION LAWS Maruhom vs COMELEC (G.R. No. 139357 May 5, Maruhom vs COMELEC (G.R. No. 139357 May 5, 2000)2000)
Section 2(1) of Article IX (C) of the Constitution gives the COMELEC the Section 2(1) of Article IX (C) of the Constitution gives the COMELEC the broad power "to enforce and administer all laws and regulations relative to broad power "to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall." the conduct of an election, plebiscite, initiative, referendum and recall." which intends to give the COMELEC all the necessary and incidental powers which intends to give the COMELEC all the necessary and incidental powers for it to achieve the objective of holding free, orderly, honest, peaceful for it to achieve the objective of holding free, orderly, honest, peaceful
and credible elections. and credible elections.
Maruhom and Dimaporo were both candidates for Mayor in Maruhom and Dimaporo were both candidates for Mayor in the Municip
the Municipality of ality of MaroMarogong, Lanao del gong, Lanao del Sur. During theSur. During the count
counting ing of of votesvotes, , seriserious ous irreirregulargularitiesities, , anomanomalies andalies and ele
electoctoral ral frafrauds uds werwere e comcommitmitted ted at at the the insinstantance ce of of petitioner or his followers in that votes actually casted for petitioner or his followers in that votes actually casted for the private respondent were not counted and credited in his the private respondent were not counted and credited in his favor thru the concerted acts, conspiracy and manipulation favor thru the concerted acts, conspiracy and manipulation of the Board of Election Inspectors, military, Election Officer of the Board of Election Inspectors, military, Election Officer and the Machine Operator who happens to be a nephew of and the Machine Operator who happens to be a nephew of the petitioner. Many official ballots were refused or rejected the petitioner. Many official ballots were refused or rejected by the machine. As a result of the foregoing irregularities, by the machine. As a result of the foregoing irregularities, anomalies and electoral frauds, the petitioner was illegally anomalies and electoral frauds, the petitioner was illegally proclaimed as winner because he appeared to have obtained proclaimed as winner because he appeared to have obtained 2,020
2,020 votes while the votes while the privaprivate te resprespondeondent nt garnegarnered 2,000red 2,000 vo
votetes s wiwith th a a slsligight ht mamargrgin in of of ononly ly 20 20 vovotetes. s. PrPrivivatatee respo
respondenndent, t, knowknowing that ing that he was he was cheacheated and ted and the truethe true winner for Mayor, filed before this Honorable Commission a winner for Mayor, filed before this Honorable Commission a petition to annul the proclamation of petitioner Abdulmadid petition to annul the proclamation of petitioner Abdulmadid Maruhom as the duly elected Mayor of Marogong, Lanao del Maruhom as the duly elected Mayor of Marogong, Lanao del Sur. Subsequently, a Revision Committee was created and its Sur. Subsequently, a Revision Committee was created and its mem
memberbershship ip werwere e dulduly y appappoinointed ted in in opeopen n coucourt rt whiwhichch com
commitmittee tee was direcwas directed ted by by the COMELthe COMELEC EC to to finfinish theish the rev
revisiision on of of balballotlots. s. AftAfter er the the RevRevisiision on ComCommitmittee tee waswas direc
directed by ted by the respondethe respondent nt to to commecommence the nce the revirevision of sion of ballot
ballots, s, the the petitpetitioneioner r AbduAbdulmadilmadid d MaruMaruhom hom thru counselthru counsel orally moved for the dismissal of the protest on the grounds orally moved for the dismissal of the protest on the grounds tha
that t (1) The (1) The balballot boxes contalot boxes containiining ng the ballothe ballots ts in in thethe pro
protestested ted and and coucountenter-pr-protrotestested ed preprecincincts cts havhave e beebeenn vio
violatlated; ed; (2) (2) AutAutomaomated ted coucountinting ng of of balballots lots doedoes s notnot contemplate a manual recount of the
contemplate a manual recount of the ballots.ballots. Issu
Issue: WON e: WON the COMELEthe COMELEC C may order manual recount of may order manual recount of ballots even not mentioned in R.A. 8436
ballots even not mentioned in R.A. 8436
Held: Yes. Although admittedly there is a lacuna leges in R.A. Held: Yes. Although admittedly there is a lacuna leges in R.A. No. 8436
No. 8436 whicwhich h prescprescribes the adoption of ribes the adoption of an automatean automatedd elect
election ion systsystem. em. HoweHowever, while ver, while conceconceding as ding as muchmuch, , thisthis Co
Coururt t ruruleled d inin TuTupapay y LoLoonong g v v .. COMELECCOMELEC,,4242that that ththee
Commission is nevertheless not precluded from conducting a Commission is nevertheless not precluded from conducting a manu
manual al councount t when the when the automautomated counting system ated counting system failsfails,, reasoning thus:
reasoning thus:
.
. . . . . In enaIn enactctining g R.R.A. No. A. No. 84843636,, Congress obviously failed to provide a Congress obviously failed to provide a remedy where the error in counting remedy where the error in counting is
is not not macmachinhine e relrelateated d for for humhumanan foresight is not all-seeing.
foresight is not all-seeing. We hold,We hold, however, that the vacuum in the law however, that the vacuum in the law cann
cannot ot preveprevent nt the COMELEC fromthe COMELEC from le
levivitatatiting ng ababovove e ththe e prproboblelemm.. Section 2(1) of Article IX (C) of the Section 2(1) of Article IX (C) of the Constitution gives the COMELEC the Constitution gives the COMELEC the br
broaoad d popowewer r "t"to o enenfoforcrce e anandd admin
administer all ister all laws and laws and regulregulationationss
re
relalatitive ve to to ththe e cocondnducuct t of of anan ele
electiction, on, pleplebisbiscitcite, e, iniinitiatiativtive,e, rreeffeerreenndduum m aannd d rreeccaallll.."" Undoubtedly, the text and intent of Undoubtedly, the text and intent of this provision is to give the COMELEC this provision is to give the COMELEC all
all the the nenecescessarsary y anand d incincideidentantall powers for it to achieve the objective powers for it to achieve the objective of
of holholdinding g frefree, e, ordordererly, ly, honhonesest,t, pea
peacefceful ul anand d crecredibdible le eleelectictionsons.. Congruent to this intent, this Court Congruent to this intent, this Court has not been niggardly in defining the has not been niggardly in defining the parameters of powers of COMELEC in parameters of powers of COMELEC in the conduct of our elections . . . In the conduct of our elections . . . In the case at bar, the COMELEC order the case at bar, the COMELEC order for a
for a manmanual counual count t was not onlywas not only reasonable. It was the only way to reasonable. It was the only way to count the decisive local votes . . . count the decisive local votes . . . The bottom line is that by means of The bottom line is that by means of the manu
the manual al coucount, the nt, the wilwill l of theof the v o
v ot et er s r s o f o f SSu lu lu u wwa s a s h oh on en es ts tl yl y determined.
determined. We We cancannot not kickick k awaaway y the will of the people by giving a the will of the people by giving a litera
literal l interinterpretapretation to tion to R.A. 8436.R.A. 8436. R.A. 8436 did
R.A. 8436 did not prohibit manunot prohibit manualal counti
counting ng when machine count when machine count doesdoes not work
not work. Counting is part and . Counting is part and parcelparcel of the conduct of an election which is of the conduct of an election which is under the control and supervision of under the control and supervision of the COMELEC . . .
the COMELEC . . .
. . . Our elections are not conducted under . . . Our elections are not conducted under labor
laboratory conditioatory conditions. ns. In In runnrunning ing for for publipublicc offices, candidates do not follow the rules of offices, candidates do not follow the rules of Emily Post. Too often, COMELEC has to make Emily Post. Too often, COMELEC has to make sn
snap ap jujudgdgmementnts s to to memeet et ununfoforereseseenen circu
circumstanmstances that ces that threthreaten to aten to subvsubvert ert thethe will of our voters. In the process, the actions will of our voters. In the process, the actions of COMELEC may not be impeccable, indeed, of COMELEC may not be impeccable, indeed, ma
however, engage in a swivel chair criticism of however, engage in a swivel chair criticism of these actions often taken under very difficult these actions often taken under very difficult circumstances.
circumstances.
Verily, the legal compass from which the COMELEC should Verily, the legal compass from which the COMELEC should take its bearings in acting upon election controversies is the take its bearings in acting upon election controversies is the principle that "clean elections control
principle that "clean elections control the appropriateness of the appropriateness of the remedy."
the remedy." Be that as it may, the fact is the averments inBe that as it may, the fact is the averments in petitioner's counter-protest and private respondent's protest petitioner's counter-protest and private respondent's protest already justified the determination of the issues through a already justified the determination of the issues through a judicial revision and recounting of the ballots pursuant to judicial revision and recounting of the ballots pursuant to Section 255 of the Omnibus Election Code which provides Section 255 of the Omnibus Election Code which provides that —
that —
Sec
Sec. . 255255.. Ju Judicdicial ial coucountinting ng of of votvotes es inin election contest
election contest. . —— Where allegaWhere allegations in tions in aa prote
protest st or counter-proor counter-protest so test so warrawarrant nt or or whenev
whenever in er in the opiniothe opinion of n of the court thethe court the int
intereerests sts of of jusjustice tice so so reqrequiruiree, , it it shshalalll immediately order the book of voters, ballot immediately order the book of voters, ballot box
boxes es anand d thetheir ir kekeys, ys, balballotlots s anand d othotherer documents used in the election be brought documents used in the election be brought before it and that the ballots be examined before it and that the ballots be examined and votes recounted.
and votes recounted.
Pena vs HRET (G.R. No. 123037 Mar 21, 1997) Pena vs HRET (G.R. No. 123037 Mar 21, 1997)
While it is conceded that statutes providing for election contests are to be While it is conceded that statutes providing for election contests are to be liberally construed to the end that the will of the people in the choice of liberally construed to the end that the will of the people in the choice of public officers may not be defeated by mere technical questions, the rule public officers may not be defeated by mere technical questions, the rule likewise stands, that in an election protest, the protestant must stand or likewise stands, that in an election protest, the protestant must stand or fall upon the issues he had raised in his original or amended pleading filed fall upon the issues he had raised in his original or amended pleading filed prior to the lapse of the statutory period for
prior to the lapse of the statutory period for filing of the protest.filing of the protest.
Petit
Petitioner Pena ioner Pena and the and the privaprivate te resporespondenndent t AbueAbueg g werewere contenders for the said Congressional Office in the May 8, contenders for the said Congressional Office in the May 8, 1995 elections. On May 12, 1995, upon canvassing the votes 1995 elections. On May 12, 1995, upon canvassing the votes cas
cast, t, the the ProProvinvinciacial l BoaBoard rd of of CanCanvasvassesers rs of of PalPalawaawann proclaimed the private respondent as the winner. On May 22, proclaimed the private respondent as the winner. On May 22,
1995, the instant petiti
1995, the instant petition was filed with on was filed with the HRET. Thethe HRET. The petition was dismissed by the HRET for the failure of the petition was dismissed by the HRET for the failure of the petit
petition to ion to state a cause of state a cause of actioaction because it is n because it is fatalfatallyly insuf
insufficieficient nt in in form and form and subssubstance (for failing to tance (for failing to idenidentifytify specific precincts where alleged widespread election, fraud specific precincts where alleged widespread election, fraud and
and irregirregularularities occurredities occurred). ). In In its its PetitPetition ion for for CertiCertiorarorari,i, petitioner argues that the petition was initially defective for petitioner argues that the petition was initially defective for failure to specify the contested precincts, said defect was failure to specify the contested precincts, said defect was cured when petitioner submitted summary of the contested cured when petitioner submitted summary of the contested precincts.
precincts. Issu
Issue: WON e: WON the HRET the HRET acteacted d with grave abuse of with grave abuse of discrdiscretionetion am
amouountntining g to to hahaviving ng acacteted d wiwiththouout t or or in in exexcecess ss of of jurisdiction in dismissing the election protest of
jurisdiction in dismissing the election protest of petitionerpetitioner Held: No.
Held: No. subssubstantitantial al amenamendmendments ts to to the protest may the protest may bebe allowed only within the same period for filing the election allowed only within the same period for filing the election protest, which, under Rule 16 of the HRET
protest, which, under Rule 16 of the HRET Rules of ProcedureRules of Procedure is ten (10) days after the proclamation of the winner. While is ten (10) days after the proclamation of the winner. While it is conceded that statutes providing for election contests it is conceded that statutes providing for election contests are to be liberally construed to the end that the will of the are to be liberally construed to the end that the will of the people in the choice of public officers may not be defeated people in the choice of public officers may not be defeated by mere technical questions, the rule likewise stands, that in by mere technical questions, the rule likewise stands, that in an election protest, the protestant must stand or fall upon an election protest, the protestant must stand or fall upon the issues he had raised in his original or amended pleading the issues he had raised in his original or amended pleading filed prior to the lapse of the statutory period for filing of filed prior to the lapse of the statutory period for filing of the protest.
the protest. Admittedly, the rule is well-established that theAdmittedly, the rule is well-established that the power to
power to annuannul l an election shoulan election should d be exercisebe exercised d with thewith the greatest care as it involves the
greatest care as it involves the free and fair expression of thefree and fair expression of the popular will. It is only in extreme cases of fraud and under popular will. It is only in extreme cases of fraud and under circu
circumstanmstances which ces which demondemonstratstrate e to to the fullest the fullest degredegree e aa fundamental and wanton disregard of the law that elections fundamental and wanton disregard of the law that elections are annulled, and then only when it becomes impossible to are annulled, and then only when it becomes impossible to tak
take e any other any other stestep.p. ThThis is is is as it as it shshouould be, ld be, fofor r ththee democratic system is good for the many although abhorred by democratic system is good for the many although abhorred by a few.
a few.
Kinds of Election: Regular and Special Kinds of Election: Regular and Special
Paras vs COMELEC (G.R. No. 123169 Nov 4, 1996) Paras vs COMELEC (G.R. No. 123169 Nov 4, 1996)
SK includes the youth with ages ranging from 15 to 21 (Sec. 424, Local SK includes the youth with ages ranging from 15 to 21 (Sec. 424, Local Gover
Government Code nment Code of 1991). of 1991). AccorAccordingldingly, y, they include many who they include many who are notare not qualified to vote in a regular election, viz., those from ages 15
qualified to vote in a regular election, viz., those from ages 15 to less thanto less than 18. In no manner then may SK elections be considered a regular election 18. In no manner then may SK elections be considered a regular election (whether national or local).
(whether national or local).
Petitioner Danilo E. Paras is the incumbent Punong Barangay Petitioner Danilo E. Paras is the incumbent Punong Barangay of Pula, Cabanatuan City who won during the last regular of Pula, Cabanatuan City who won during the last regular barangay election in 1994. A petition for his recall as Punong barangay election in 1994. A petition for his recall as Punong Barangay was filed by the registered voters of the barangay. Barangay was filed by the registered voters of the barangay. Act
Acting ing on on the the petpetitiition on for for recrecallall, , pubpublic lic resresponpondendentt Commission on Elections (COMELEC) resolved to approve the Commission on Elections (COMELEC) resolved to approve the petition, scheduled the petition signing on October 14, petition, scheduled the petition signing on October 14, 1995,1995, and set the recall election on November 13, 1995. Petitioner and set the recall election on November 13, 1995. Petitioner opposed the proceedings Citing Section 74 (b) of the Local opposed the proceedings Citing Section 74 (b) of the Local Government Code, which states that "
Government Code, which states that " no recall shall takeno recall shall take place within one (1) year from the date of the official's place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding assumption to office or one (1) year immediately preceding a regular local election
a regular local election", petitioner insists that the ", petitioner insists that the scheduledscheduled Jan
Januauary ry 13, 1996 13, 1996 recrecall electall election is ion is now barrnow barred ed as as thethe Sangguniang Kabataan (SK) election was set by Republic Act Sangguniang Kabataan (SK) election was set by Republic Act No. 7808
No. 7808 on the first Monday of on the first Monday of May 1996, and every threeMay 1996, and every three ye
yearars s ththerereaeaftfterer. . In In susupppporort t ththerereoeof, f, pepetitititiononerer cites
cites Associated Labor Union v Associated Labor Union v .. Letrondo-MontejoLetrondo-Montejo, 237 SCRA, 237 SCRA 621, where the Court considered the SK election as a regular 621, where the Court considered the SK election as a regular local election. Petitioner maintains that as the SK election is local election. Petitioner maintains that as the SK election is a regular local election, hence no recall election can be had a regular local election, hence no recall election can be had for barely four months separate the SK election from the for barely four months separate the SK election from the recall election.
recall election.
Issue: WON the contention of Paras is Issue: WON the contention of Paras is tenabletenable Held: No, it is
Held: No, it is a rule in statutory construction that every parta rule in statutory construction that every part of the statute must be interpreted with reference to the of the statute must be interpreted with reference to the context,
context, ii..ee., ., ththat at eveverery y papart rt of of ththe e ststatatutute e mumust st bebe con
considsidereered d togtogethether er witwith h the the othother er parparts, ts, and and kekeptpt subservient to the general intent of the whole enactment. subservient to the general intent of the whole enactment.
The evident intent of Section 74 is to subject an elective The evident intent of Section 74 is to subject an elective local official to recall election once during his term of office. local official to recall election once during his term of office. Paragraph (b) construed together with paragraph (a) merely Paragraph (b) construed together with paragraph (a) merely designates the period when such elective local official may designates the period when such elective local official may be subject of a recall election, that is, during the second be subject of a recall election, that is, during the second year of his term of office. Thus, subscribing to petitioner's year of his term of office. Thus, subscribing to petitioner's interpretation of the phrase
interpretation of the phrase regular local electionregular local election to includeto include the SK election will unduly circumscribe the novel provision the SK election will unduly circumscribe the novel provision of the Local Government Code on recall, a mode of removal of the Local Government Code on recall, a mode of removal of public officers by initiation of the people before the end of public officers by initiation of the people before the end of his term. And if the SK election which is set by R.A No. of his term. And if the SK election which is set by R.A No. 7808 to be held every three years from May 1996 were to be 7808 to be held every three years from May 1996 were to be deeme
deemed d withiwithin the n the purvpurview of iew of the phrase "the phrase " regulregular ar locallocal election
election", ", as erroneouas erroneously insisted by sly insisted by petitpetitioneioner, r, then nothen no recall election can be conducted rendering inutile the recall recall election can be conducted rendering inutile the recall pr
provovisisioion n of of ththe e LoLocacal l GoGovevernrnmement nt CoCodede. . In In ththee interpretation of a statute, the Court should start with the interpretation of a statute, the Court should start with the ass
assumpumptiotion n thathat t the the leglegislislatuature re intintendended ed to to enaenact ct anan effective law, and the legislature is not presumed to have effective law, and the legislature is not presumed to have don
done e a a vaivain n thithing in ng in the enathe enactmctment of ent of a a stastatuttute.e.55AnAn
interpretation should, if possible, be avoided under which a interpretation should, if possible, be avoided under which a sta
statuttute e or or proprovisvision ion beibeing ng conconstrstrueued d is is defdefeateated, ed, or or asas other
otherwise wise expreexpressedssed, , nullinullifiedfied, , destdestroyedroyed, , emasemasculatculated,ed, rep
repealealed, ed, expexplailained ned awaaway, y, or or renrenderdered ed insinsignignifiificancant,t, meaningless, inoperative or nugatory.
meaningless, inoperative or nugatory. It is likewise a basicIt is likewise a basic precept in statutory construction that a statute should be precept in statutory construction that a statute should be inter
interpretepreted d in in harmharmony ony with with the the ConstConstitutioitution.n. ThusThus, , thethe interpretation of Section 74 of the Local Government Code, interpretation of Section 74 of the Local Government Code, specifically paragraph (b) thereof, should not be in conflict specifically paragraph (b) thereof, should not be in conflict with the Constitutional mandate of Section 3 of Article X of with the Constitutional mandate of Section 3 of Article X of the Constitution to "enact a local government code which the Constitution to "enact a local government code which shall provide for
shall provide for a a more responsmore responsive and ive and accoaccountauntable localble local gov
governernmenment t strstructucturure e insinstittituteuted d thrthrougough h a a syssystem tem of of decen
decentralitralizatiozation n withwith efeffecfectitive ve memechchananisism m of of rerecacallll,, initiative, and referendum . . .
initiative, and referendum . . . ."."
Davide (concurring): A
Davide (concurring): A regular regular election, whether national or local, can onlyelection, whether national or local, can only refer to an
refer to an electelection particiion participatepated in d in by those who possess the right of by those who possess the right of suffra
suffrage, are ge, are not otherwise disquanot otherwise disqualified by lified by law, and law, and who are who are regisregisteredtered voters. One of the requirements for the exercise of suffrage under Section 1, voters. One of the requirements for the exercise of suffrage under Section 1,
Article V of the Constitution is that the person must be at least 18 years of Article V of the Constitution is that the person must be at least 18 years of age, and one requisite before he can vote is that he be a registered voter age, and one requisite before he can vote is that he be a registered voter pursua
pursuant to nt to the rules the rules on on regisregistrattration prescribed in ion prescribed in the Omnibus Electionthe Omnibus Election Code (Section 113-118). Under the law, the SK includes the youth with ages Code (Section 113-118). Under the law, the SK includes the youth with ages ran
ranginging g from 15 from 15 to 21 to 21 (Se(Sec. c. 424, Loca424, Local l GovGovernernment Code of ment Code of 1991991).1). Accordingly, they include many who are not qualified to vote in a regular Accordingly, they include many who are not qualified to vote in a regular election,
election, viz viz ., those from ages 15 to less than 18. In no manner then may SK., those from ages 15 to less than 18. In no manner then may SK elections be considered a regular election (whether national or local). elections be considered a regular election (whether national or local).
Papa vs Municipal Board (G.R. No. L-23892 Mar 23, 1925) Papa vs Municipal Board (G.R. No. L-23892 Mar 23, 1925)
The terminology “the next preceding election” refers to the last election The terminology “the next preceding election” refers to the last election held regardless of whether it is a special or general election.
held regardless of whether it is a special or general election.
The last general elections were held in 1922. In the city of The last general elections were held in 1922. In the city of Mani
Manila, la, thethe PartiPartido do DemocDemocratarata ran ran firfirst, st, the the ParPartidtidoo Nacionalista Colectivista second, and the Partido Nacionalista Nacionalista Colectivista second, and the Partido Nacionalista third. The
third. The Partido LiberalPartido Liberal also polled some votes. A specialalso polled some votes. A special election to fill a vacancy in the office of Senator of the election to fill a vacancy in the office of Senator of the Fourt
Fourth h DistrDistrict includiict including the ng the City of City of ManManila, was held ila, was held onon October 2, 1923. At this special election, two persons, Juan October 2, 1923. At this special election, two persons, Juan Sumulong(
Sumulong(PaPartrtidido o DeDemomocrcratataa) ) aannd d RRaammoon n JJ.. Fer
Fernanandendez(Iz(Indendepenpendendent), t), filfiled ed thetheir ir cercertiftificaicates tes of of cand
candidacyidacy. . In the In the City of City of ManiManila, Juan la, Juan SumuSumulong receivelong receivedd 16,022 votes and Ramon J. Fernandez, 19,380 votes. When 16,022 votes and Ramon J. Fernandez, 19,380 votes. When the time came for the Municipal Board of the City of Manila the time came for the Municipal Board of the City of Manila to name election inspectors and poll clerks for the general to name election inspectors and poll clerks for the general elect
election of ion of 1925, it 1925, it refurefused all sed all partparticipaicipation on tion on elecelectiontion boards to the
boards to the Partido Nacionalista ConsolidadoPartido Nacionalista Consolidado , the political, the political legat
legatee ee of of the Partido the Partido NacioNacionalisnalista ta ColectColectivisivista ta and theand the Partido Nacionalista. Instead, it provided for election boards, Partido Nacionalista. Instead, it provided for election boards, as above indicated, by giving majority representation to the as above indicated, by giving majority representation to the Partid
Partido o DemocDemocratarata and minority and minority reprrepresenesentatiotation n to to thethe Partido Liberal
Partido Liberal. Act No. 3030 as amended by Act No. 3210. Act No. 3030 as amended by Act No. 3210 provides that municipal council in each municipality wherein provides that municipal council in each municipality wherein a general electi
a general election is on is to be to be held to held to appoappoint, ninety daysint, ninety days immediately prior to the date of such general election, three immediately prior to the date of such general election, three ins
inspecpectortors s of of eleelectiction on anand d one one polpoll l cleclerk, rk, witwith h thetheirir respective substitutes, for each election precinct respective substitutes, for each election precinct therein,therein, who shall hold office for three years or until their successors who shall hold office for three years or until their successors shall have taken charge of the
shall have taken charge of the same. Should there be in suchsame. Should there be in such
munic
municipaliipality ty one or one or more politicamore political l partiparties or es or branbranches orches or fract
fractions thereoions thereof, or f, or politpolitical groups, then two ical groups, then two of saidof said inspectors and two substitutes for the same shall belong to inspectors and two substitutes for the same shall belong to the party which polled the largest number of votes in said the party which polled the largest number of votes in said munic
municipaliipality ty at at the the next next precepreceding ding electelection ion and and the the otherother inspector and his substitute shall belong to
inspector and his substitute shall belong to the party, branchthe party, branch or fraction thereof, or political group which polled the next or fraction thereof, or political group which polled the next largest number of votes at said election. Partido Nacionalista largest number of votes at said election. Partido Nacionalista Consolidado claimed that Fernandez run and accepted the Consolidado claimed that Fernandez run and accepted the nomination of the party and won because of the support of nomination of the party and won because of the support of the party, thus the party should be given the 2 slots for the party, thus the party should be given the 2 slots for inspector of election for being the party who won the most inspector of election for being the party who won the most numbe
number r of votes of votes in the in the next precednext preceding election with theing election with the victory of its
victory of its claimed candidate Fernandez.claimed candidate Fernandez.
ISSUE: a. WON the 1923 special election should be the basis ISSUE: a. WON the 1923 special election should be the basis to determine distribution of inspector of elections slots to determine distribution of inspector of elections slots b. WON Partido Nacionalista Consolidado should be credited b. WON Partido Nacionalista Consolidado should be credited wit
with h the victothe victory ry of of FerFernannandez whom dez whom it it claclaimeimed d as as itsits candidate c. WON the poll clerk in each precinct should come candidate c. WON the poll clerk in each precinct should come from
from the party with the largest vote ithe party with the largest vote in the next precedingn the next preceding election
election
Held: a. Yes, if the previous terminology “at such preceding Held: a. Yes, if the previous terminology “at such preceding election” was not amended to “the next preceding election”, election” was not amended to “the next preceding election”, then the basis would be the 1922 general election. The term then the basis would be the 1922 general election. The term “the next
“the next precprecedineding g elecelection” clearly refers to tion” clearly refers to the 1923the 1923 spec
special ial elecelectionstions. . The PhilippinThe Philippine e LegisLegislaturlature, e, howevhowever, er, itit again amended section 417 by the enactment of Act No. 3210 again amended section 417 by the enactment of Act No. 3210 by changing the phrase "at such preceding election" to the by changing the phrase "at such preceding election" to the phrase "at the next preceding election." Possibly the law is phrase "at the next preceding election." Possibly the law is sti
still ll sussuscepceptibtible le to to the the intinterperpreretattation ion thathat t "th"the e nexnextt preceding election" has relation with the "general election" preceding election" has relation with the "general election" mentioned in the beginning of the section. But
mentioned in the beginning of the section. But obviously, theobviously, the law was amended for some purpose. As the law now law was amended for some purpose. As the law now exists, aexists, a spe
speciacial l eleelectiction on is is as as mucmuch h a a "pr"preceecedinding g eleelectiction" as on" as aa gene
general election. This may ral election. This may be be unfounfortunartunate, for te, for a a specispecialal election is an election not regularly held to supply a vacancy election is an election not regularly held to supply a vacancy in a particular office before the expiration of the full term in a particular office before the expiration of the full term
for which the incumbent was elected, and thus does not as for which the incumbent was elected, and thus does not as well echo the political sentiment of the electorate as does a well echo the political sentiment of the electorate as does a general election.
general election. b.
b. NoNo, , it it is is ququesestitiononabable le if if ththee PartidPartido o NaciNacionalonalistaista Consolidado
Consolidado can now claim a monopoly of the benefits arisingcan now claim a monopoly of the benefits arising from an election when the successful candidate ran as an from an election when the successful candidate ran as an indep
independeendent. nt. The certificThe certificate ate of of candcandidacy of idacy of Ramon J.Ramon J. Fern
Fernandeandez z permpermitted the itted the placiplacing of ng of his name before thehis name before the electorate. It was in the nature of a formal manifestation to electorate. It was in the nature of a formal manifestation to the whole world of his political creed or lack of political the whole world of his political creed or lack of political creed. It constituted an authorized badge which the voter creed. It constituted an authorized badge which the voter could scrutinize before casting his ballot. The electors voted could scrutinize before casting his ballot. The electors voted for Ramon J. Fernandez, Independent. They did not vote for for Ramon J. Fernandez, Independent. They did not vote for Ramon J.
Ramon J. FernFernandeandez,z, ColeColectivisctivista, ta, NacioNacionalinalista, sta, LiberLiberalal,, or
or DemocrataDemocrata. It would be hard to say whether of the 19,380. It would be hard to say whether of the 19,380 votes received by Senator Fernandez, 16,023 thereof, or one votes received by Senator Fernandez, 16,023 thereof, or one more than was received by his opponent, came to him on more than was received by his opponent, came to him on account of the backing of the
account of the backing of the Partido ColectivistaPartido Colectivista and theand the Partido Nacionalista, or whether such
Partido Nacionalista, or whether such support only accountedsupport only accounted for 16,021 votes
for 16,021 votes, , or or one less than was one less than was rereceiceived by ved by hishis opponent. It has been the practice of this court to hold a opponent. It has been the practice of this court to hold a person who does not belong to any political party, but is only person who does not belong to any political party, but is only an
an indeindependpendent candidatent candidate, e, has no has no right to right to recomrecommendmend persons as election inspectors. The statute, providing that persons as election inspectors. The statute, providing that ele
electiction on insinspecpectortors s shshall all be be selselectected ed frofrom m the the lealeadindingg politi
political cal partiparties, es, discldisclosed a osed a legislegislativlative e inteintent nt to to presepreserverve and protect party organization. This court has likewise held and protect party organization. This court has likewise held in
in at at lealeast st two decistwo decisionions s anand d the same has the same has beebeen n thethe judgment of a member of this court, Justice Villamor, in his judgment of a member of this court, Justice Villamor, in his well-k
well-known work on nown work on electelectionsions, , that "for the that "for the propeproper r andand correct weighing of the evidence that determines which of correct weighing of the evidence that determines which of the political parties was victorious in the last election, and the political parties was victorious in the last election, and the classif
the classificatiication of on of the voters who cast the voters who cast the votes, thethe votes, the political filiation and color of the candidate nominated and political filiation and color of the candidate nominated and voted for must be taken into account. Only the votes cast in voted for must be taken into account. Only the votes cast in fa
favovor r of of ththe e ofoffificicial al cacandndididatates es of of a a papartrty, y, bebeiningg homogenous, can be computed in the name and in favor of homogenous, can be computed in the name and in favor of the party to which said candidates voted for belonged. The the party to which said candidates voted for belonged. The
political filiation and color of the candidate voted for, which political filiation and color of the candidate voted for, which de
detetermrminine e ththosose e of of hihis s vovotetersrs, , mumust st be be jujudgdged ed anandd considered as of the date of
considered as of the date of the election and not afterwards.the election and not afterwards. c. No,
c. No, while the law is while the law is specspecific in ific in proviproviding that electioding that electionn inspectors shall belong to the two leading parties, it is silent inspectors shall belong to the two leading parties, it is silent as to the political filiation of poll clerks. It must, therefore, as to the political filiation of poll clerks. It must, therefore, be assumed that the appointment of poll clerks rests entirely be assumed that the appointment of poll clerks rests entirely wit
within the hin the disdiscrecretiotion n of of the municthe municipaipal l coucouncincil l or or thethe Municipal Board. Poll clerks may belong to any political party Municipal Board. Poll clerks may belong to any political party or to no party at all.
or to no party at all.
Initiative and Referendum Initiative and Referendum
SBMA vs COMELEC (G.R. No. 125416 Sep 26, 1996) SBMA vs COMELEC (G.R. No. 125416 Sep 26, 1996)
Initiative is the power of the people to propose bills and laws, and to Initiative is the power of the people to propose bills and laws, and to enactenact or reject them at
or reject them at the polls independent of the legislative assembly. On thethe polls independent of the legislative assembly. On the other hand, referendum is the right reserved to the people to adopt or other hand, referendum is the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of electors become a which in most cases would without action on the part of electors become a law
law
In April
In April 1993, the Sangguni1993, the Sangguniang Bayan of ang Bayan of MoroMorong, Bataanng, Bataan pas
passed sed PamPambaybayang ang KapKapasyasyahaahan n BilBilang ang 10, 10, SerSerye ye 1991993,3, expressing therein its absolute concurrence, as required by expressing therein its absolute concurrence, as required by said Sec. 12 of RA 7227, to join the Subic Special Economic said Sec. 12 of RA 7227, to join the Subic Special Economic Zone
Zone. . On SeptembeOn September r 5, 1993, 5, 1993, the Sangguthe Sangguniang Bayan of niang Bayan of Morong submitted Pambayang Kapasyahan Bilang 10, Serye Morong submitted Pambayang Kapasyahan Bilang 10, Serye 199
1993 3 to to the Offithe Office of ce of the Presthe Presideident. On nt. On MaMay y 24, 1993,24, 1993, respondents Garcia, Calimbas and their companions filed a respondents Garcia, Calimbas and their companions filed a petit
petition with ion with the Sanggunthe Sangguniang Bayan of iang Bayan of MoroMorong ng to to annuannull Pambayang Kapasyahan Blg. 10, Serye 1993.
Pambayang Kapasyahan Blg. 10, Serye 1993. The SangguniangThe Sangguniang Bayan ng
Bayan ng MoroMorong ng acteacted d upon the upon the petitpetition of ion of resporespondenndentsts Gar
Garciacia, , CalCalimbimbas, as, et et al. al. by by propromulmulgatgating ing PamPambaybayangang
Kapasyahan Blg. 18, Serye 1993, requesting Congress of the Kapasyahan Blg. 18, Serye 1993, requesting Congress of the Phi
Philiplippinpines es so so ameamend nd cercertaitain n proprovisvisionions s of of RA RA 72277227,, particularly those concerning the matters cited in items (A), particularly those concerning the matters cited in items (A), (B), (K),
(B), (K), (E), and (E), and (G) of (G) of privprivate respondeate respondent's petitionnt's petition. . TheThe Sangguniang Bayan of Morong also informed respondents that Sangguniang Bayan of Morong also informed respondents that items (D) and (H) had already been referred to
items (D) and (H) had already been referred to and favorablyand favorably acted upon by the government agencies concerned, such as acted upon by the government agencies concerned, such as the Bases Conversion Development Authority and the Office the Bases Conversion Development Authority and the Office of the
of the PresPresidentident. Not . Not satisatisfiedsfied, and , and withiwithin 30 n 30 days fromdays from submission of their petition, herein respondents resorted to submission of their petition, herein respondents resorted to their power initiative under the Local Government Code of their power initiative under the Local Government Code of 199
1991. 1. On On JunJune e 18, 18, 19919956, 56, resresponpondendent t ComComeleelec c ississuedued Res
Resoluolutiotion n No. No. 2842845, 5, adoadoptipting ng thethererein in a a "Ca"Calenlendar dar of of Act
Activiivitieties s for for loclocal al refrefereerendundum m on on cercertaitain n munmuniciicipalpal ordin
ordinance passed by ance passed by the Sanggunithe Sangguniang ang BayaBayan n of of MoronMorong,g, Bataan", and which indicated, among others, the scheduled Bataan", and which indicated, among others, the scheduled Referendum Day (July 27, 1996, Saturday). On June 27, Referendum Day (July 27, 1996, Saturday). On June 27, 1996,1996, the Comelec promulgated the assailed Resolution No. 2848 the Comelec promulgated the assailed Resolution No. 2848 providing for "the rules and guidelines to govern the conduct providing for "the rules and guidelines to govern the conduct of the referendum proposing to annul or repeal Kapasyahan of the referendum proposing to annul or repeal Kapasyahan Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong, Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong, Bataan. SBMA instituted the present petition for certiorari Bataan. SBMA instituted the present petition for certiorari and prohibition contesting the validity of Resolution No. and prohibition contesting the validity of Resolution No. 28482848 and alleging, inter alia, that public respondent "is intent on and alleging, inter alia, that public respondent "is intent on pr
prococeeeediding ng wiwith th a a lolocacal l ininititiaiativtive e ththat at prpropopososes es anan amendment of a national law.
amendment of a national law. Issu
Issue: e: WhethWhether er or or not not resprespondeondent nt ComelComelec ec commicommit t gravegrave abu
abuse se of of disdiscrecretiotion n in in propromulmulgatgating ing and and impimplemlemententinging Resolution No. 2848
Resolution No. 2848
Held: Yes, the process started by
Held: Yes, the process started by private respondents was anprivate respondents was an INITIATIVE but respondent Comelec made preparations for a INITIATIVE but respondent Comelec made preparations for a REFERENDUM only. In fact, in the body of the Resolution as REFERENDUM only. In fact, in the body of the Resolution as reproduced in the footnote below, the word "referendum" is reproduced in the footnote below, the word "referendum" is repeated at least 27 times, but "initiative" is not mentioned repeated at least 27 times, but "initiative" is not mentioned at all. The Comelec labeled the exercise as a "Referendum"; at all. The Comelec labeled the exercise as a "Referendum"; the
the coucountinting ng of of votvotes es was was enentrutrustested d to to a a "Re"Referferendendumum Com
