UTUTALUM V.

COMELEC, 181 SCRA 335

Facts:

Ututalum and Anni were candidates for the 2nd congressional district of Sulu.
Utatalum filed with the Provincial Board of Canvassers that the election returns
appeared to be tampered with or falsified. Petitioner claimed that there was excess
number of voters in Siasi. It was dismissed by the Provincial Board of Canvassers
on the ground that it was filed out of time and that it should have been raised
before the votes for Siasi have been canvassed. Thereafter, he filed a written
petition with the COMELEC seeking to annul the elections in Siasi and to conduct
another election. The board of canvassers forwarded the appeal of petitioner with
the COMELEC with a request to proclaim Anni as the winner. The COMELEC
resolved that there was no failure of elections. Anni was there after proclaimed the
winner. While Ututalum’s petition was pending, the governor of Sulu sought to
annul the list of voters of Siasi which was upheld by the SC. Ututalum wanted to
have the case applied to his petition on even if he was not a party to the case filed
by the governor.

Issue:

WON the petition should be granted on the ground of vote-padding.

Ruling:

Such irregularities as fraud, vote-buying and terrorism are proper grounds in

an elections on contest but may not as a rule be invoked to declare a failure of
election and to disenfranchise the greater number of the electorate through the
misdeeds, precisely, of only a relative few. Otherwise, elections will never be
carried out with the result and disenfranchisement of the innocent voters, for the
losers will always cry fraud and terrorism.