Title
Bao vs. Commission on Elections
Case
G.R. No. 149666
Decision Date
Dec 19, 2003
Petitioner sought suspension of 2001 mayoral election in Butig, alleging irregularities. COMELEC dismissed claims; SC upheld, citing insufficient evidence for failure of election.
failure of election
irregularities
election contest
A

Case Digest (G.R. No. 46069)

Facts:

  • Parties and Election Context
    • Petitioner Sangcad S. Bao sought re-election as mayor of Butig, Lanao del Sur during the May 14, 2001 national and local elections.
    • The other mayoral candidates were Gorigao Langco, Dimnatang L. Pansar, and Rasmia U. Salic Romato.
  • Initial Petition and Alleged Irregularities
    • On May 25, 2001, Bao filed a “Very Urgent Petition for Suspension of Counting of Votes…” before the COMELEC.
      • The petition targeted respondents including COMELEC officials, the Municipal Board of Canvassers, and individuals allegedly responsible for irregularities.
      • The allegations detailed multiple irregularities in various precincts—ranging from unexplained clustering of voting centers to concrete instances of irregular voting procedures.
    • Specific irregularities cited included:
      • In Precincts 1A-13A, military personnel (PNP) with high-powered firearms were observed escorting persons suspected not to be registered voters.
      • In Precincts 9A-10A, ballot boxes were reported missing during the vote casting.
      • In Precincts 14A-15A, the wife of a vice-mayoral candidate allegedly took control of the Book of Voters and acted unilaterally as an election inspector.
      • In Precincts 20A-27A and 46A-49A, voting was prematurely halted amid disturbances involving non-registrants and flying voters, which even led to fights and shooting.
      • In Precincts 28A-29A, logistical issues led to ballots and voter lists being pre-marked by non-voters due to the misplacement of ballot boxes.
      • In other precincts (1A-21A, 42A-43A), voting was irregularly closed at 3:30 p.m. and then reopened illegally.
      • In Precincts 64A-65A, official ballots were purportedly pre-filled by a single person.
  • Additional Submissions and Developments
    • On May 29, 2001, Bao submitted an “Additional Submission” containing Acting Election Officer Taha Casidar’s narrative report.
      • Casidar’s report provided details of the election day, including a series of bombings at around 2 p.m. that caused commotion near the polling area.
      • The report noted that the BEIs (Board of Election Inspectors) took divergent actions—some locked the ballot boxes and took them to the Municipal Hall, while others continued the vote casting.
      • Casidar recounted experiencing intimidation and personal risk, which influenced his unwillingness to further manipulate the electoral process after requests to continue the vote casting.
  • Subsequent Filings and Interventions
    • On June 4, 2001, Bao filed a “Very Urgent Motion to Defer Canvass of Election Returns and Suspend Proclamation,” reiterating earlier allegations.
    • On June 8, 2001, intervenor Gorigao Langco filed a petition-in-intervention that:
      • Adopted Bao’s allegations and introduced additional claims.
      • Alleged further irregularities such as:
        • The exclusion of watchers in the ballot handling process.
ii. The involvement of a member of the Philippine Army who allegedly placed pre-filled ballots into a ballot box. iii. An explosion at 11:20 a.m. leading to voter panic and low turnout. iv. Early closure and subsequent illegal reopening of the voting process in certain precincts.
  • Allegations of improper clustering and substitution of voters, as well as unsubstantiated military involvement in the elections.
  • COMELEC’s Actions and Hearings
    • The COMELEC En Banc:
      • Admitted Langco’s petition-in-intervention and directed the Municipal Board of Canvassers to withhold the proclamation of the respondent mayor until further order.
      • Issued orders for respondents to file their answers within three days and set the case for immediate hearing to address whether the suspension should continue or be lifted.
    • On June 28, 2001, during the COMELEC En Banc hearing, parties were represented by counsel. Discussions noted:
      • The issue concerning the adequacy of service of summons for respondent Pansar.
      • The necessity to abbreviate proceedings by allowing respondents to submit answers/memoranda quickly.
      • This procedural setup preceded the substantive resolution of the petition.
  • Resolution by COMELEC En Banc
    • On August 13, 2001, the COMELEC En Banc issued a resolution:
      • Dismissing Bao’s and Langco’s petitions for lack of merit.
      • Denying the motion to defer canvassing and suspend the proclamation on the same grounds.
  • Legal Controversies and Contentions Raised
    • Bao alleged that:
      • The COMELEC, acting as a quasi-judicial tribunal in a contentious case, is bound by the same constitutional requirements as a court.
      • The resolution did not clearly disclose its factual and legal basis, contravening Article VII of the 1987 Constitution.
      • The extensive election irregularities (involving nearly thirty precincts and disenfranchisement exceeding 70% of registered voters) justified the declaration of a failure of election under the conditions set forth in Mitmug v. COMELEC.
    • Additional contentions included:
      • Despite the occurrence of voting, the process still resulted in an effective failure to elect a legitimate winner.
      • The COMELEC improperly disregarded the official narrative provided by Casidar, which Bao argued contained crucial evidentiary support.
      • The failure to hold a summary hearing for receiving evidence violated provisions of the Omnibus Election Code and the Commission’s own rules.
  • Core Issue Raised in the Petition
    • Whether the COMELEC’s resolution constituted grave abuse of discretion by not declaring a failure of election despite the alleged irregularities.

Issues:

  • Whether the respondent COMELEC acted illegally or arbitrarily in denying Bao’s petition and the intervenor petitions by dismissing their allegations, thereby failing to declare a failure of election.
  • Whether the evidence and allegations submitted by the petitioner and intervenors were sufficient to meet the high threshold required for declaring a failure of election.
  • Whether the irregularities alleged resulted in a situation that met the dual criteria, as established in Mitmug v. COMELEC and Typoco v. COMELEC, for a failure of election:
    • Either no voting took place in the precinct or, despite voting, the election resulted in a failure to elect.
    • The votes not cast (or invalid votes) would have affected the outcome of the election.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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