The Supreme Court has definitively ruled that a declaration of failure of election is an extraordinary remedy, applicable only under specific circumstances. Allegations of irregularities such as fraud, terrorism, or voter substitution, if not severe enough to prevent or suspend the election, should be addressed through an election protest rather than a petition to declare a failure of election. The Comelec’s decision to dismiss a petition for failure of election was upheld, emphasizing the need for substantial evidence and a clear demonstration that the election was either not held, suspended, or resulted in a failure to elect, before such a declaration can be made.

Ballots or Bullets: When Does Violence Nullify an Election?

This case arose from the 2001 mayoral elections in Lumbayanague, Lanao del Sur, where Bago P. Pasandalan contested the victory of Bai Salamona L. Asum. Pasandalan alleged that violence, fraud, and irregularities marred the election process in several barangays. Specifically, he claimed that gunfire disrupted voting, Asum’s supporters manipulated ballots, and election officials failed to properly authenticate ballots. These claims led Pasandalan to petition the Commission on Elections (Comelec) to declare a failure of election. The core legal question was whether the alleged irregularities were sufficient to warrant such a declaration, or if they should be addressed through an election protest.

The Comelec dismissed Pasandalan’s petition, stating that the alleged irregularities did not meet the threshold for declaring a failure of election. Dissatisfied, Pasandalan elevated the case to the Supreme Court, arguing that the Comelec had acted with grave abuse of discretion. The Supreme Court, however, sided with the Comelec, emphasizing the limited scope of the remedy of declaring a failure of election. The Court anchored its decision on Section 6 of the Omnibus Election Code (B.P. Blg. 881), which outlines the specific instances where a failure of election can be declared.

According to Section 6, a failure of election can only be declared if, due to force majeure, violence, terrorism, fraud, or other analogous causes, the election in any polling place has not been held, or has been suspended before the closing of the voting, or results in a failure to elect after the voting due to issues in the preparation, transmission, or canvassing of election returns. These instances all share the common element of a resulting failure to elect, meaning nobody emerged as a winner. The Supreme Court clarified that the term “failure to elect” means that no candidate was actually elected.

In this case, the Court found that the elections were held as scheduled, no suspension of voting occurred, and a winning candidate, Asum, was proclaimed. The alleged acts of terrorism were not pervasive enough to prevent the election. As the Court stated:

“Terrorism may not be invoked to declare a failure of election and to disenfranchise the greater number of the electorate through the misdeeds of only a few, absent any of the three instances specified by law.”

The Court emphasized that allegations of fraud, such as those raised by Pasandalan, must be of such a magnitude that they prevent or suspend the holding of an election, or fatally compromise the integrity of the election returns. Absent these circumstances, the proper recourse is an election protest. Election protests allow for a revision or recount of ballots to determine the real winner, without setting aside the entire election.

The Supreme Court highlighted the extraordinary nature of nullifying elections, stating that:

“The nullification of elections or declaration of failure of elections is an extraordinary remedy. The party who seeks the nullification of an election has the burden of proving entitlement to this remedy.”

Pasandalan failed to provide sufficient evidence to substantiate his claims of terrorism and irregularities. His evidence consisted primarily of affidavits from his own poll watchers, which the Comelec rightly considered self-serving and insufficient to warrant the nullification of an election. The Court deferred to the Comelec’s factual findings, acknowledging the presumption of regularity in the performance of official functions.

The Court distinguished this case from Basher v. Commission on Elections, where an election was declared void due to extreme irregularities. In Basher, the election was held under highly irregular circumstances, including insufficient notice to voters and non-compliance with election procedures. In contrast, the election in Pasandalan’s case proceeded as scheduled and in accordance with established procedures. The Supreme Court noted that a failure of election exists only if the will of the electorate is muted and cannot be ascertained. Since the will of the electorate was discernible in this case, it should be respected.

The Court made clear that the Comelec is not obligated to conduct a technical examination before dismissing a petition for nullification if the petition lacks merit on its face. The Comelec can dismiss such petitions outright. The remedy of an election protest is better suited for resolving allegations of voter substitution and other electoral anomalies. In summary, the Court reinforced the principle that a declaration of failure of election is an exceptional measure, reserved for situations where the electoral process is so severely compromised that the outcome is rendered completely unreliable.

FAQs

What is the main issue in this case?	The main issue is whether the alleged irregularities in the 2001 mayoral election in Lumbayanague, Lanao del Sur, were sufficient to declare a failure of election, or whether they should be addressed through an election protest.
What are the grounds for declaring a failure of election?	Under Section 6 of the Omnibus Election Code, a failure of election can be declared if the election has not been held, has been suspended, or results in a failure to elect due to force majeure, violence, terrorism, fraud, or other analogous causes.
What is the difference between a failure of election and an election protest?	A failure of election results in the nullification of the entire election, whereas an election protest involves a recount of ballots to determine the real winner without setting aside the entire electoral process.
What kind of evidence is needed to prove terrorism in an election?	To prove terrorism in an election, there must be substantial and convincing evidence that the acts of terrorism were widespread and pervasive enough to prevent the holding of the election or cause its suspension. Affidavits alone are generally insufficient.
When is a technical examination of ballots required?	A technical examination of ballots is not required if the petition for nullification is plainly groundless. It may be required if the petitioner presents independent evidence supporting claims of irregularities.
What did the Comelec decide in this case?	The Comelec dismissed the petition for declaration of failure of election, finding that the alleged irregularities did not meet the threshold for such a declaration and that the proper remedy was an election protest.
What was the Supreme Court’s ruling?	The Supreme Court affirmed the Comelec’s decision, holding that the alleged irregularities should be addressed through an election protest and that there was no basis for declaring a failure of election.
What should a candidate do if they suspect electoral fraud?	If a candidate suspects electoral fraud, they should file an election protest, which allows for a recount of ballots and a determination of the true winner, as opposed to seeking a declaration of failure of election unless the fraud was so pervasive that the results are impossible to determine.

This case underscores the importance of adhering to legal remedies and providing substantial evidence when contesting election results. The Supreme Court’s decision reinforces the principle that the right to suffrage should be protected, and elections should not be easily nullified based on unsubstantiated claims. The proper avenue for addressing allegations of fraud and irregularities is through an election protest, ensuring a fair and accurate determination of the true will of the electorate.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Pasandalan v. Comelec, G.R. No. 150312, July 18, 2002