Basher V. Comelec

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 9:00 pm because of the prevailing tension in the said locality. Election Officer Diana Datu-Imam claimed that the town mayor was too hysterical, yelled and threatened her to declare failure of election in Maidan as the armed followers pointed their guns at her and her military escorts responded in the same manner. With the arrival of 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 got 15 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. First, the place where the voting was conducted was illegal. Omnibus Election Code provides that election tellers shall designate the public school or ay public building within the Barangay to be used as polling place, election was held in the residence of the former mayor which is located in Barangay Pandarianao. Second, the law provides that the casting of votes start at 7 am and end at 3 pm 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 after 9:00 pm until the wee hours the following day, certainly such was not in accordance with the law. Third, Election Day was invalid because suspension of postponement of election is governed by law and it provides that when for any serious cause such as rebellion, insurrection, violence, terrorism, loss or destruction of election paraphernalia and any analogous causes such nature that the free, orderly and honest election should become impossible the COMELEC motu proprio or upon written petition by 10 registered voter after summary proceedings shall suspend or postpone the proceedings. The election officer is without authority to declare a failure of election for it is only the COMELEC itself has legal authority to exercise such 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 legal grounds for the suspension or postponement or declaration of 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.