ABDUL GAFFAR P.M. DIBARATUN., Petitioner, vs.

COMMISSION ON ELECTIONS and ABDUL CARIM MALA

ABUBAKAR, Respondent
G.R. No. 170365 | February 2, 2010 | Peralta, J.

SUMMARY: 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.

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.

DOCTRINES: When failure of elections may be declared: In its Resolution, the COMELEC en banc, citing
Banaga, Jr. v. Commission on Elections, enumerated the three instances when a failure of elections may be
declared by the Commission:

(1) the election in any polling place has not been held on the date fixed on account of force majeure, violence,
terrorism, fraud or other analogous causes;

(2) 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; or

(3) after the voting and during the preparation and transmission of the election returns or in the custody or
canvass thereof, such election results in a failure to elect on account of force majeure, violence, terrorism,
fraud or other analogous causes.