BASHER v COMELEC

Facts: Failure of elections in Barangay Maidan, Lanao del Sur happened twice (May and
June 1997), and a special elections was scheduled for August 30. During the said
election, voting started only around 9:00p m b e c a u s e o f t h e p r e v a i l i n g t e n s i o n
in the said locality. Election O f f i c e r D i a n a D a t u I m a m c l a i m e d
t h a t t h e t o w n m a y o r w a s t o o hysterical, yelled and threatened her to
declare failure of election in M a i d a n a s t h e a r m e d f o l l o w e r s
p o i n t e d t h e i r g u n s a t h e r a n d h e r military escorts responded in the
s a m e m a n n e r . W i t h t h e a r r i v a l o f additional troops, the election officer
proceeded to Maidan to conduct the election starting at 9:00 pm until the early morning
of the following day at the residence of the former mayor. The tally sheet showed that Ampatuan
got 250 votes; Basher got15 votes and Razul got 10 votes. Ampatuan was proclaimed
winner. Basher now assails the validity of the COMELEC Resolution dismissing the Petition to
Declare Failure o Election and to Call Special Election in Precinct No. 12 Baranggay Maidan.

Issue: Whether there was failure of election

Held: Yes. There was a failure of election. This notwithstanding, there was an invalid
postponement of election.

F i r s t , t h e p l a c e w h e r e t h e v o t i n g w a s c o n d u c t e d w a s i l l e g a l . Omnibus
Election Code provides that election tellers shall designate the public school or ay
public building within the Barangay to be used a s p o l l i n g p l a c e , e l e c t i o n
w a s h e l d i n t h e r e s i d e n c e o f t h e f o r m e r mayor which is located in
Barangay Pandarianao. Second, the law p r o v i d e s t h a t t h e c a s t i n g o f
v o t e s s t a r t a t 7 a m a n d e n d a t 3 p m except when there are voters present
within 30 meters in front of the polling place who have nor yet cast their votes. Election was held
after9:00 pm until the wee hours the following day, certainly such was not in
accordance with the law. Third, Election Day was invalid because s u s p e n s i o n
of postponement of election is governed by law and it p r o v i d e s t h a t
when for any serious cause such as rebellion,
insurrection, violence, terrorism, loss or destruction of
e l e c t i o n paraphernalia and any analogous causes such nature that the fre
e , orderly and honest election should become impossible the COMELEC
m o t u p r o p r i o o r u p o n w r i t t e n p e t i t i o n b y 1 0 r e g i s t e r e d v o t e r a f t e r summary
proceedings shall suspend or postpone the proceedings. The election officer is without authority
to declare a failure of election for it i s o n l y t h e C O M E L E C i t s e l f
h a s l e g a l a u t h o r i t y t o e x e r c i s e s u c h awesome power. Election
Officer did not follow the procedure for he postponement or suspension or
declaration of failure of election. She did not conduct any proceeding summary or
otherwise to find out any l e g a l g r o u n d s f o r t h e s u s p e n s i o n o r p o s t p o n e m e n t o r
d e c l a r a t i o n o f failure of election. Finally, the electorate was not given ample notice of the
exact schedule and venue of the election, mere announcement over the mosque is
insufficient.