G.R. No. 170365 February 2, 2010
ABDUL GAFFAR P.M. DIBARATUN vs.
COMMISSION ON ELECTIONS and ABDUL CARIM MALA ABUBAKAR
COMMISSION ON ELECTIONS and ABDUL CARIM MALA ABUBAKAR
Facts:
The Comelec en banc ruled a failure of elections in precinct No. 6a/7a, Lanao del Sur
on the second instance stated in Section 6 of the Omnibus Election Code, that is, the election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud or other analogous causes. The Election on said precinct was disrupted by a commotion, was untimely suspended and never resumed. The Comelec decision, consequently nullified the proclamation of herein petitioner dibaratun as winner.
Petitioner Dibaratun contended that Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring a failure of elections for acting on herein respondents’ petition even if such petition was filed out of time.
Issue:
Whether or not Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring a failure of elections
Ruling:
The Court found the petition for declaration of failure of elections under Section 6 of the Omnibus Election Code to be in order, and it was properly disposed of by the COMELEC en banc.
The Court noted that the provisions on failure of elections in Section 6 of the Omnibus Election Code and Sec. 2, Rule 26 of the COMELEC Rules of Procedure do not provide for a prescriptive period for the filing of a petition for declaration of failure of elections. It appears that the COMELEC en banc had the discretion whether or not to take cognizance of such petition. In this case, the petition was filed 11 days after the scheduled election. The Court held that the findings of fact of the COMELEC en banc are binding on this Court.
There was no grave abuse of discretion imputable to Comelec in the exercise of its functions and duties.
