The Supreme Court, in Abayon v. HRET and Daza, reversed the House of Representatives Electoral Tribunal’s (HRET) decision to annul election results based on alleged terrorism. The Court emphasized that while the HRET has the power to annul elections in cases of fraud, terrorism, or other irregularities, this power must be exercised judiciously. The ruling underscores the importance of upholding the people’s will expressed through the ballot, ensuring that election annulments are warranted only in exceptional circumstances where the integrity of the electoral process is severely compromised.

Ballots or Bullets: Did Terrorism Undermine the Northern Samar Election?

The consolidated petitions arose from the 2013 congressional race in the First Legislative District of Northern Samar, pitting Harlin C. Abayon against Raul A. Daza. After the election, Abayon was proclaimed the winner by a mere 52 votes. Daza then filed an election protest before the HRET, alleging widespread fraud and terrorism. Abayon responded with a counter-protest, claiming similar irregularities. The HRET initially found both protests sufficient in form and substance. However, Daza later withdrew his cause of action for recount in several precincts but maintained his claim of terrorism in others.

The HRET then dismissed Abayon’s counter-protest, leading to G.R. No. 222236. Subsequently, the HRET annulled the election results in five clustered precincts due to alleged terrorism, ultimately declaring Daza as the duly elected representative. This decision spawned G.R. No. 223032. These petitions questioned the HRET’s jurisdiction to annul elections based on terrorism and the propriety of dismissing Abayon’s counter-protest.

At the heart of the controversy was the extent of the HRET’s authority and the evidentiary threshold required to annul election results. Abayon argued that the annulment of election results based on terrorism is tantamount to a declaration of failure of elections, a power exclusively vested in the Commission on Elections (COMELEC). Daza, however, maintained that the HRET’s power to annul elections due to irregularities is distinct from the COMELEC’s power to declare a failure of elections. The Court had to reconcile these competing claims, clarifying the scope of each body’s authority.

The Supreme Court affirmed the HRET’s jurisdiction to decide election contests involving members of the House of Representatives, including those alleging fraud, terrorism, or other irregularities. The Court emphasized that the power to annul elections is incidental to the HRET’s constitutional mandate to determine the validity of the contestee’s title. The Constitution grants the HRET exclusive jurisdiction to be the sole judge of all contests relating to the election, returns, and qualifications of their respective members.

The Court distinguished this power from the COMELEC’s authority to declare a failure of elections, explaining that the HRET exercises a judicial function when annulling elections, while the COMELEC performs an administrative function when declaring a failure of elections. This distinction is critical because it clarifies that the HRET’s power to annul elections is limited to determining who received the majority of valid votes, while the COMELEC’s declaration of failure of elections triggers special elections. “The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.”

However, the Court cautioned that the annulment of elections is a drastic remedy that should be exercised with utmost care and only under exceptional circumstances. It emphasized that a protestant alleging terrorism must present clear and convincing evidence that the will of the majority was suppressed by violence, intimidation, or threats. “[T]he power to declare a failure of elections should be exercised with utmost care and only under circumstances which demonstrate beyond doubt that the disregard of the law had been so fundamental or so persistent and continuous that it is impossible to distinguish what votes are lawful and what are unlawful…”

In this case, the Court found that Daza failed to present sufficient evidence to warrant the annulment of the election results. The testimonies of Daza’s witnesses, the Court noted, were insufficient to establish that terrorism was so prevalent that it affected the majority of voters. The Court also gave weight to the certifications issued by the COMELEC and the Philippine National Police (PNP) stating that the elections in Northern Samar were generally peaceful and orderly. Moreover, the Court noted that Daza did not report the alleged terroristic acts to the COMELEC.

The Court quoted the dissent of Justice Peralta, highlighting the weakness of Daza’s evidence and the absence of direct evidence linking Abayon to the alleged terrorism. The Court also noted that only three witnesses testified that they voted for Abayon out of fear, which was insufficient to prove that terrorism affected at least 50% of the votes cast. Ultimately, the Court concluded that the HRET committed grave abuse of discretion in annulling the elections based on insufficient evidence.

The Supreme Court reversed the HRET’s decision and declared Abayon as the lawfully elected Representative of the First Legislative District of Northern Samar. In effect, the Court emphasized the need for concrete evidence when overturning the results of an election. The Court also noted that since Abayon had been declared the duly elected Representative, the propriety of the dismissal of his counter-protest was moot and academic.

FAQs

What was the key issue in this case?	The key issue was whether the HRET committed grave abuse of discretion in annulling election results based on alleged terrorism and whether it had the jurisdiction to do so. The Court clarified the scope of the HRET’s authority versus the COMELEC’s in election disputes.
What did the HRET decide?	The HRET initially dismissed Abayon’s counter-protest and later annulled the election results in five clustered precincts, declaring Daza the winner. This decision was ultimately reversed by the Supreme Court.
What was the basis for the HRET’s decision?	The HRET based its decision on alleged terrorism, presented through testimonial and documentary evidence, which they believed affected the voters in the contested precincts. However, the Supreme Court deemed this evidence insufficient.
What did the Supreme Court rule?	The Supreme Court reversed the HRET’s decision, declaring that the HRET committed grave abuse of discretion and that Abayon was the duly elected representative. The Court emphasized the need for clear and convincing evidence to annul election results.
Does the COMELEC have the power to annul elections?	The COMELEC has the power to declare a failure of elections, which is distinct from the HRET’s power to annul election results in a specific contest. The COMELEC’s action is administrative, while the HRET’s is judicial.
What kind of evidence is needed to prove terrorism in an election protest?	A protestant alleging terrorism must present clear and convincing evidence that violence, intimidation, or threats suppressed the will of the majority. This requires more than just allegations; it demands concrete proof.
What is the significance of the COMELEC and PNP certifications?	The certifications from the COMELEC and PNP stating that the elections were generally peaceful and orderly held significant weight. The unsubstantiated testimonies of Daza’s witnesses faltered when faced with these official pronouncements.
What happens when the COMELEC declares a failure of elections?	When the COMELEC declares a failure of elections, special elections will be conducted. This is different from the HRET annulling an election, where the focus is on determining the rightful winner based on valid votes.
What was the impact on the dismissal of Abayon’s counter-protest?	The Supreme Court ruled that the issue of the dismissal of Abayon’s counter-protest was moot. Because the Court upheld his election as the duly elected Representative, a declaration on the propriety of the dismissal had no practical value.

The Abayon case serves as a crucial reminder of the delicate balance between safeguarding the integrity of elections and respecting the will of the electorate. Annulment of elections is an extraordinary remedy that demands a high evidentiary threshold. This decision reinforces the principle that elections should be upheld unless there is overwhelming evidence that the process was so tainted that it prevented a free and fair expression of the people’s will.

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: Abayon v. HRET and Daza, G.R. Nos. 222236 & 223032, May 3, 2016