Case Digest: Ampatuan, et al. vs. COMELEC

Ampatuan, et al. vs. COMELEC

G. R. No. 149803.  January 31, 2002

FACTS:

The COMELEC lifted its order suspending the proclamation and thereafter proclaimed petitioners as the victors in the May 14, 2001 Maguindanao Provincial election. Respondents petitioned before the Supreme Court the suspension of  the effects of  the said proclamation and insisted that there had been a “failure of election”. The COMELEC ordered the consolidation of respondents’ petitions and  a random technical examination on several precincts.

Petitioners contended that by virtue of their proclamation, the proper remedy available to respondents was not a petition for declaration of failure of elections but an election protest.

Issue:

Whether or not COMELEC had jurisdiction to act on respondents’ petitions even after proclamation of petitioners as winners

Ruling:

The Comelec en banc has the authority to annul election results and/or declare a failure of elections.

The Court held that respondents’ allegations of massive fraud and terrorism, which led to a failure to elect, fell squarely within Sec 6. Of the Omnibus Election Code (Failure of Election). “The Comelec is duty-bound to conduct an investigation as to the veracity of respondents’ allegations of massive fraud and terrorism that attended the conduct of the May 14, 2001 election”. There can be no assumption that petitioners’ proclamation and assumption into office on June 30, 2001, was legal precisely because the conduct by which the elections were held was put in issue by respondents.

The Court, in order not to frustrate the ends of justice, directed COMELEC to proceed with the hearing of the consolidated petitions and the technical examination with deliberate dispatch.

Categories: 2002, Ampatuan, case digest, election protest, et al. vs. COMELEC, G. R. No. 149803. January 31