Title
Bashier vs. Commission on Elections
Case
G.R. No. L-33692
Decision Date
Feb 24, 1972
1970 Lanao del Sur election: Comelec excluded fraud-tainted returns, upheld advance proclamation of three delegates, denied special elections, citing massive fraud and moot jurisdiction.
Font Size:

Case Digest (G.R. No. L-33692)

Facts:

  1. Election Context: The case involves the November 11, 1970 election of delegates to the Constitutional Convention of 1971 for the lone district of Lanao del Sur, including Marawi City. The 1971 Constitutional Convention Act allocated six delegates to this district, and eighteen candidates ran for these positions.

  2. Tentative Tabulation: After a tentative tabulation of votes, including returns with pending objections (e.g., gunpoint or spurious returns), it was determined that three candidates—Ahmad Domocao Alonto, Mangontawar Guro, and Lininding Pangandaman—were front-runners and would likely win regardless of the pending objections. The Commission on Elections (Comelec) decided to proclaim these three candidates in advance.

  3. Disputed Returns: The remaining objections centered on allegations of gunpoint returns and "no elections" in several municipalities, including Malabang, Balabagan, Balindong, Tubaran, and Binidayan. Comelec required the submission of affidavits and counter-affidavits from the parties and ordered forensic examinations of election documents.

  4. Forensic Findings: The Fingerprint Identification Division and the NBI handwriting expert conducted examinations of the Precinct Books of Voters and CE Form 39. Their findings revealed significant irregularities, including:

    • Deliberate smudging or blurring of thumbprints to prevent detection.
    • Multiple voting by the same individuals.
    • Votes cast exceeding the number of registered voters in several precincts.
  5. Municipal Findings: Comelec made specific findings for each disputed municipality:

    • Malabang: Evidence of massive fraud, including deliberate smudging of thumbprints and multiple voting by the same individuals.
    • Balabagan, Balindong, Tubaran, and Binidayan: Similar irregularities were found, leading Comelec to exclude certain returns from the canvass.
  6. Advance Proclamation: Despite the irregularities, Comelec proceeded with the advance proclamation of Alonto, Guro, and Pangandaman, as their victories were not affected by the disputed returns.

Issue:

  1. Validity of the Advance Proclamation: Whether Comelec acted within its authority in proclaiming Alonto, Guro, and Pangandaman in advance, despite pending objections to other returns.

  2. Exclusion of Disputed Returns: Whether Comelec correctly excluded the returns from Malabang, Balabagan, Balindong, Tubaran, and Binidayan due to evidence of fraud and irregularities.

  3. Call for Special Elections: Whether a special election should be held in the disputed municipalities under Section 17(e) of the 1971 Constitutional Convention Act, given the findings of no voting or massive fraud.

  4. Jurisdiction Over Proclaimed Delegates: Whether the Supreme Court could exercise jurisdiction over the three delegates who had already been proclaimed and were serving as delegates to the Constitutional Convention.

  5. Timeliness of Appeals: Whether the petitioners were barred from seeking a review of Comelec's earlier rulings due to their failure to timely appeal within the reglementary 10-day period.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.