Philippine Supreme Court Resolutions

"G.R. No. 200766 (Mohaimen M. Paniorotan v. Commission on Elections and Amer Mudag Serad). - The Court DISMISSES the instant Petition dated 13 March 2012 filed by petitioner Mohaimen M. Paniorotan under Rule 65 in relation to Rule 64 of the Rules of Court. The Commission on Elections (COMELEC) committed no grave abuse of discretion when it issued the questioned Resolution dated 07 February 2012, which declared a failure of the 2010 barangay elections in Barangay  Patong, Municipality of Bayang, Province of Lanao del Sur and ordered the conduct of special elections. Accordingly, the prayer of petitioner Paniorotan for a temporary restraining order and/or writ of preliminary injunction is likewise DENIED.

Under the Omnibus Election Code, the COMELEC is authorized to declare a failure of elections under the following conditions: 

If, on account of force majeure, violence, terrorism, fraud, or other analogous causes the election in any polling place has not been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such postponement or suspension of the election or failure to elect. (Batas Pambansa Blg. 881, Sec. 6; COMELEC Rules of Procedure, Rule 26, Sec. 2)

"Before the COMELEC can act on a verified petition seeking to declare a failure of elections, two conditions must concur: (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 elections. The cause of such failure of election could only be any of the following: force majeure, violence, terrorism, fraud or other analogous causes." (Dibaratun v. COMELEC, G.R. No. 170365, 02 February 2010, 611 SCRA 367)

Applying the ruling to the instant case, no voting took place in the 2010 elections of Barangay Patong because acting Election Officer Carnal Calandada admitted conducting the elections in a place other than the designated precinct or area. This sudden and fraudulent change of voting venue without permission, or notice from the COMELEC prejudiced a majority of the unaware registered voters, who were unable to exercise their right of suffrage.

The documentary evidence presented by petitioner Paniorotan is unconvincing to establish grave abuse of discretion or to reverse the COMELEC's Decision to call for special elections. The COMELEC correctly found that no voting occurred in the place designated, because acting EO Calandada fraudulently transferred the elections to a different venue. Hence, all documents pertaining to the barangay elections that took place in the wrong venue - including the certified list of winning candidates, the proclamation, and the Affidavits of the Board of Election Tellers - are without significant value in this case, since what was conducted therein was a sham election. It does not help petitioner's case that the credibility of acting EO Calandada has been placed under suspicion due to his shifting positions. cralaw

WHEREFORE, the petition dated 13 March 2012 filed by petitioner Mohaimen M. Paniorotan is DISMISSED  for lack of merit. The Resolution dated 07 February 2012 of the Commission of Elections (COMELEC) is hereby AFFIRMED.

The COMELEC is likewise DIRECTED to conduct further investigation and file the appropriate criminal, civil or administrative complaint, if warranted, with respect to the conduct of its personnel involved in the 25 October 2010 barangay elections in Barangay Patong, unless it has already done so."

Perlas-Bernabe, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court