Facts:

The case involves Tomas T. Banaga, Jr. as the petitioner and the Commission on Elections (COMELEC) along with Florencio M. Bernabe, Jr. as the respondents. The dispute stems from the May 11, 1998, elections for the vice-mayoral position in the City of Parañaque, where Banaga ran against Bernabe. On May 19, 1998, the City Board of Canvassers proclaimed Bernabe the winner, receiving 71,977 votes, while Banaga received 68,970 votes, resulting in a difference of 3,007 votes. Dissatisfied with the election results, Banaga filed a Petition to Declare Failure of Elections and/or for Annulment of Elections before the COMELEC on May 29, 1998. In his petition, he alleged that the elections were marred by widespread anomalies, including vote buying, the influence of flying voters, glaring discrepancies in election returns, and allegations of tampering with these returns. He argued that the true will of the electorate was not reflected in the results and requested that the elections be annu

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Facts:

Background of the Election

• Petitioner Tomas T. Banaga, Jr. and private respondent Florencio M. Bernabe, Jr. were the candidates for vice-mayor of Parañaque City in the May 11, 1998 local elections.
• The city board of canvassers proclaimed Bernabe, Jr. the winner on May 19, 1998, with 71,977 votes, while Banaga, Jr. garnered 68,970 votes – a difference of 3,007 votes.

Allegations of Fraud and Anomalies

• In his petition filed on May 29, 1998, Banaga, Jr. alleged that the vice-mayoral election was marred by:
• Widespread election anomalies amounting to election fraud.
• Incidents of vote buying and the use of flying voters.
• Numerous election returns containing glaring discrepancies, blatant omissions, and instances of tampering or fabrication.
• Specific instances cited include:
• In Precinct Nos. 111-112 at the Tambo Elementary School, Dennis Sambilay Agayan admitted to being paid P150.00 to vote in substitution for a registered voter.
• The affidavit of Rosemarie Pascua attesting to the occurrence of multiple (more than one) ballot depositions in a single precinct.
• The statistical anomaly in precinct No. 483, where petitioner purportedly received zero votes despite being the incumbent vice-mayor.

Reliefs Sought by Petitioner

• Primary reliefs:
• Declaration of a failure of elections or annulment of the election for the vice-mayor position.
• Annulment of the proclamation of Florencio M. Bernabe, Jr. as the duly elected vice-mayor.
• Calling for special elections to fill the office.
• Alternative reliefs:
• Presentation and re-examination of election materials (ballot boxes, registry lists, election returns, minutes) in the event that the COMELEC does not grant the primary relief.
• Affirmation of Banaga, Jr. as the duly elected vice-mayor contingent upon a finding of failure in the election process.
• Assessment of expenses, costs, and damages incurred against the respondent.

Procedural History and COMELEC Action

• Banaga, Jr.’s petition was filed under Section 4 of Republic Act No. 7166 and in relation to Section 6 of the Omnibus Election Code, categorized as a special action (docketed as SPA-98-383).
• On June 29, 1998, the COMELEC dismissed the petition on the ground that the grounds alleged did not conform to the instances enumerated in Section 6 of the Omnibus Election Code.
• The COMELEC observed that:
• An election had indeed been held with a proclamation of the winner.
• The allegations, though indicative of anomalies, did not meet the threshold for declaring a failure of elections.

Contentions Raised by Petitioner on Appeal

• Petitioner argued that:
• His petition was essentially an election protest and should not have been dismissed on the ground of non-fulfillment of failure-of-election conditions.
• The authority cited by the COMELEC (in cases such as Sardea and Mitmug) did not apply since his petition sought annulment under the doctrine set forth in Loong vs. COMELEC.
• Additional contention focused on the perceived grave abuse of discretion by the COMELEC for dismissing his petition without a hearing.

Issue:

Whether COMELEC acted with grave abuse of discretion in dismissing Banaga, Jr.’s petition to declare a failure of elections and/or annul election results.

• Determining if the petition should be classified as an election protest or as a petition to declare a failure of elections.
• Whether the allegations made by Banaga, Jr. sufficiently establish that the elections were fatally marred to the point of failure (i.e., whether the necessary conditions for a failure of elections, as provided by law, were present).

Whether the COMELEC properly followed the procedural requirements for a petition to declare a failure of elections, including:

• The requisites under Section 4 of RA 7166 in conjunction with Section 6 of the Omnibus Election Code.
• The proper application of COMELEC Rules of Procedure distinguishing between special actions and ordinary election protests.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)