CAS E DI GEST: TOLENTI NO AND

MOJI CA VS . COM ELEC

10:01 PM

G.R. No.  148334.  January 21, 2004

ARTURO M. TOLENTINO and ARTURO C. MOJICA vs. COMMISSION ON
ELECTIONS, SENATOR RALPH G. RECTO and SENATOR GREGORIO B.
HONASAN

FACTS:
Petitioners assailed the manner by which the simultaneous regular and special elections
of 2001 were conducted by the COMELEC.Petitioners contend that, if held
simultaneously, a special and a regular election must be distinguished in the
documentation as well as in the canvassing of their results. Thirteen senators were
proclaimed from the said election with the 13th placer to serve that of the remaining
term of Sen. Guingona, who vacated a seat in the senate.

Petitioners sought for the nullification of the special election and, consequently, the
declaration of the 13th elected senator.

Issue:
1Whether or not  Court had jurisdiction.
2Whether or not the petition was moot.
3Whether or not petioners had locus standi.
4Whether a Special Election for a Single, Three-Year Term
Senatorial Seat was Validly Held on 14 May 2001

RULING:
On the issue of jurisdiction, Court had jurisdiction because what petitioners were
questioning was the validity of the special election on 14 May 2001 in which Honasan
was elected and not to determine Honasan’s right in the exercise of his office as
Senator proper under a quo warranto.

On the issue of mootness, it was held that courts will decide a question otherwise moot
if it is capable of repetition yet evading review.

On the issue of locus standi, the court had relaxed the requirement on standing and
exercised our discretion to give due course to voters’ suits involving the right of
suffrage, considering that the issue raised in this petition is likely to arise again

On the Validity of the Election, the Court held that the May 14, 2001 Election was valid.

The Court held that COMELEC’s Failure to Give Notice of the Time of the Special
Election as required under RA 6645, as amended, did Not Negate the Calling of such
Election. Section 2 of R.A. No. 6645 itself provides that in case of vacancy in the
Senate, the special election to fill such vacancy shall be held simultaneously with the
next succeeding regular election.   The law charges the voters with knowledge of this
statutory notice and COMELEC’s failure to give the additional notice did not negate the
calling of such special election, much less invalidate it. Further, there was No Proof that
COMELEC’s Failure to Give Notice of the Office to be Filled and the Manner of
Determining the Winner in the Special Election Misled Voters. IT could not be said that
the voters were not informed since there had been other accessible information
resources. Finally, the Court held that unless there had been a patent showing of grave
abuse of discretion, the Court will not interfere with the affairs and conduct of the
Comelec.