Title
Adap vs. Commission on Elections
Case
G.R. No. 161984
Decision Date
Feb 21, 2007
COMELEC declared failure of elections in 13 barangays due to undistributed materials; upheld hold-over capacity for continuity; SC dismissed petition, affirming substantial evidence.
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Case Digest (G.R. No. 161984)

Facts:

  1. Election Context: Petitioners were proclaimed as winning candidates for Punong Barangay in their respective barangays in Pagayawan, Lanao del Sur, during the July 15, 2002 Synchronized Barangay and Sangguniang Kabataan Elections.
  2. Respondents' Allegations: Respondents, who were also candidates in the 2002 elections, filed a petition on August 19, 2002, alleging that the elections in 13 barangays of Pagayawan did not take place. They claimed that the official ballots, election forms, and paraphernalia were not distributed to the Board of Election Tellers (BET) by Acting Treasurer Pangalian Alawi.
  3. COMELEC Resolution: The COMELEC En Banc, after trial, issued a resolution on January 27, 2004, declaring a failure of elections in the 13 barangays. It annulled the proclamation of petitioners and ordered them to vacate their positions. It also directed the holding of special elections and allowed previous Punong Barangays to continue in a hold-over capacity until the special elections were conducted.

Issue:

  1. Failure of Elections: Whether the COMELEC En Banc gravely abused its discretion in declaring a failure of elections in barangays not covered by the respondents' petition.
  2. Examination of Election Paraphernalia: Whether the COMELEC En Banc erred in not examining the election paraphernalia inside the ballot boxes of the questioned precincts.
  3. Hold-Over Capacity: Whether the COMELEC En Banc committed grave abuse of discretion in ordering previous Punong Barangays to continue in a hold-over capacity until special elections were held.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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