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SARDEA VS.

COMELEC
Reason for seeking to declare failure of elections:
All election materials, including the copies of election returns are destroyed
WHY? His fault. He stormed the municipal building and destroyed said materials.

Reasons why the SC thinks that the COMELEC is correct in denying said petition:
Not one of the causes that would warrant such Voting actually took place as scheduled Other valid election returns still existed Section 233 of the Omnibus Election Code (B.P. 881): may use any of the authentic copies of said election returns or a certified copy of said election returns issued by the Commission . . . ."
Copies from the MTC of Mauban

SARDEA VS. COMELEC


There is a failure of elections only when the will of the electorate has been muted and cannot be ascertained. If the will of the people is determinable, the same must as far as possible be respected.

MITMUG VS. COMELEC


Reason for seeking to declare failure of elections:
Massive disenfranchisement of voters due to alleged terrorism and unlawful clustering of precincts

Reasons why the SC thinks that the COMELEC is correct in denying said petition
2 conditions must concur:
no voting has taken place in the precinct or precincts on the date fixed by law or, even if there was voting, the election nevertheless results in failure to elect; and
This requisite is missing as actual voting have taken place

the votes not cast would affect the result of the election.

The question of whether there have been terrorism and other irregularities is better ventilated in an election contest.

MITMUG VS. COMELEC


These irregularities may not as a rule be invoked to declare a failure of election and to disenfranchise the electorate through the misdeeds of a relative few. Otherwise, elections will never be carried out with the resultant disenfranchisement of innocent voters as losers will always cry fraud and terrorism.