Basher v. COMELECFacts:Failure of elections in Barangay Maidan, Lanao del Sur happenedtwice (May and June 1997), and a special elections was scheduled forAugust 30. During the said election, voting started only around 9:00pm because of the prevailing tension in the said locality. ElectionOfficer Diana Datu-Imam claimed that the town mayor was toohysterical, yelled and threatened her to declare failure of election inMaidan as the armed followers pointed their guns at her and hermilitary escorts responded in the same manner. With the arrival of additional troops, the election officer proceeded to Maidan to conductthe election starting at 9:00 pm until the early morning of the followingday at the residence of the former mayor. The tally sheet showed that Ampatuan got 250 votes; Basher got15 votes and Razul got 10 votes. Ampatuan was proclaimed winner.Basher now assails the validity of the COMELEC Resolution dismissingthe Petition to Declare Failure o Election and to Call Special Election inPrecinct No. 12 Baranggay Maidan.Issue:Whether there was failure of electionHeld: Yes. There was a failure of election. This notwithstanding, therewas an invalid postponement of election.First, the place where the voting was conducted was illegal.Omnibus Election Code provides that election tellers shall designatethe public school or ay public building within the Barangay to be usedas polling place, election was held in the residence of the formermayor which is located in Barangay Pandarianao. Second, the lawprovides that the casting of votes start at 7 am and end at 3 pmexcept when there are voters present within 30 meters in front of thepolling place who have nor yet cast their votes. Election was held after9:00 pm until the wee hours the following day, certainly such was notin accordance with the law. Third, Election Day was invalid becausesuspension of postponement of election is governed by law and itprovides that when for any serious cause such as rebellion,insurrection, violence, terrorism, loss or destruction of electionparaphernalia and any analogous causes such nature that the free,orderly and honest election should become impossible the COMELECmotu proprio or upon written petition by 10 registered voter aftersummary proceedings shall suspend or postpone the proceedings. Theelection officer is without authority to declare a failure of election for itis only the COMELEC itself has legal authority to exercise suchawesome power. Election Officer did not follow the procedure for he
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