G.R. No. 139028 - Basher vs. Commission on Elections

On May 12, 1997, Hadji Rasul Batador Basher (incumbent) and Abulkair Ampatua contested for Punong Barangay of Barangay Maidan, Tugaya, Lanao del Sur; the election was declared a failure.
A special election was set on June 12, 1997, which again failed and was rescheduled to August 30, 1997.

Election Officer Diana T. Datu-Imam faced threats by the municipal mayor’s armed followers and was verbally pressured to declare a failure of election; she turned over the ballot box to the PNP OIC but later—after additional military reinforcements—resumed voting around 9:00 p.m., announcing the poll “over the mosque.”
The overnight voting continued into the early hours of August 31, 1997; the unofficial tally showed Ampatua 250 votes, Basher 15 votes, and a third candidate 10 votes, leading to Ampatua’s proclamation as winner.

Basher filed a Petition to Declare a Failure of Election and to Call Special Election, arguing that no election occurred at the legally prescribed place (Cagayan Elementary School) and time (7:00 a.m.–3:00 p.m.), and that notice of the night-time voting was never lawfully given.
Board of Election Tellers allegedly executed an affidavit claiming the August 30 vote was held at the former mayor’s residence (outside Barangay Maidan), though this was later repudiated.

In SPA No. 97-276 (June 8, 1999), the Comelec dismissed Basher’s petition, holding that (a) voting did occur on the scheduled date; (b) the precinct functioned; (c) actual voting took place resulting in a valid election; and (d) under Comelec Resolution 2971, Section 22, voting may continue past 3:00 p.m. for voters within 30 meters of the polling place.

Whether holding the special election around 9:00 p.m.–3:00 a.m. on August 30–31, 1997, after a verbal failure of election declaration, violated law, Comelec rules, and jurisprudence.
Whether conducting the election at the former mayor’s residence—outside the officially designated polling place—rendered the election void.
Whether the proclamation of Abulkair Ampatua as Punong Barangay (and the seven Barangay Kagawads) is illegal, null and void ab initio.