ADMIN AND ELECTION LAW – ASSIGNMENT MELANIE R.
BOISER
G.R. No. 124089 November 13, 1996
HADJI NOR BASHER L. HASSAN, vs. COMELEC
FACTS:
Petitioner, Hadji Nor Basher L. Hassan, and private respondent, Mangondaya P. Hassan Buatan were
candidates for the Office of the Vice-Mayor while the other private respondents were candidates for
councilors in Madalum, Lanao del Sur in the last regular local elections of May 8, 1995. However, due to
threats of violence and terrorism in the area there was failure of elections in six out of twenty-four
precincts in Madalum.
The ballot boxes were burned and there were threats by unidentified persons in Precinct No. 7-A. In
Precinct Nos. 9, 9-A, 10, 13, and 14, elections did not take place because the members of the Board of
Election Inspectors (BEI) failed to report to their respective polling places.
Thus, the Monitoring Supervising Team (COMELEC Team) headed by Regional Election Director Virgilio
O. Garcillano recommended to the COMELEC the holding of special elections in said precincts. The
special elections were thereby set on May 27, 1995. On said date, however, the members of the BEI
again failed to report for duty in their respective polling places.
In an Order dated May 28, 1995, the COMELEC Team rescheduled the elections in these precincts for
May 29, 1995 at Liangan Elementary (Arabic) School, which is 15 kilometers away from the designated
polling places.
On May 29, 1995, the members of the Board did not again report for duty. Hence, the COMELEC Team
was constrained to appoint police/military personnel to act as substitute members so as to push
through with the elections.
In the May 29 special elections held in Precinct Nos. 9, 9-4 10, 13 and 14 the following votes were
obtained.
On June 10, 1995, petitioner Hadji Nor Basher L Hassan filed a petition with the COMELEC docketed as
SPA 95-283 assailing the validity of the May 29 re-scheduled special elections.
On February 21, 1996 the COMELEC en banc issued a resolution denying the petition for a declaration of
failure of elections and to call special elections in Precinct Nos. 7-A (Abaga), 9, 9-A, 10, 13 and 14, in
Madalum, Lanao del Sur.
ISSUE:
Whether or not there was failure of election?
RULING:
ADMIN AND ELECTION LAW – ASSIGNMENT MELANIE R. BOISER
It is essential to the validity of the election that the voters have notice in some form, either actual or
constructive of the time, place and purpose thereof 9 The time for holding it must be authoritatively
designated in advance. The requirement of notice even becomes stricter in cases of special elections
where it was called by some authority after the happening of a condition precedent, or at least there
must be a substantial compliance therewith so that it may fairly and reasonably be said that the purpose
of the statute has been carried into effect. 10 The sufficiency of notice is determined on whether the
voters generally have knowledge of the time, place and purpose of the elections so as to give them full
opportunity to attend the polls and express their will or on the other hand, whether the omission
resulted in depriving a sufficient number of the qualified electors of the opportunity of exercising their
franchise so as to change the result of the election.
From the foregoing, it is not difficult for us to rule that there was insufficiency of notice given as to the
time and transfer of the polling places. The low turnout of voters is more than sufficient proof that the
elections conducted on that day was vitiated. A less than a day's notice of time and transfer of polling
places 15 kilometers away from the original polls certainly deprived the electors the opportunity to
participate in the elections.
The re-scheduling of the special elections from May 27 to May 29, was done in uncommon haste and
unreasonably too close for all voters to be notified of the changes, not only as to the date but as to the
designated polling place. We must agree with the dissenting opinion that even in highly urbanized areas,
the dissemination of notices poses to be a problem. In the absence of proof that actual notice of the
special elections has reached a great number of voters, we are constrained to consider the May 29
elections as invalid. If only to ascertain the will of the people and to prevent that will from being muted,
it is necessary that a special election be held in view of the failure of elections in Madalum, Lanao del
Sur.
