Case Digest (G.R. No. L-3521)
Facts:
The Nacionalista Party et al. v. The Commission on Elections, G.R. No. L-3521, December 13, 1949, Supreme Court En Banc, Ozaeta, J., writing for the Court. Petitioners are the Nacionalista Party (a national political party) and eight of its senatorial candidates; respondent is the Commission on Elections (COMELEC).In the weeks before the national elections of November 8, 1949, petitioners informed COMELEC of what they described as widespread terrorism, intimidation, and electoral irregularities in the provinces of Negros Occidental and Lanao, including alleged wholesale padding of the registration rolls in Lanao and armed agents acting under the provincial governor in Negros Occidental. After receiving evidence, COMELEC adopted a resolution on November 4, 1949 finding that a clean, orderly, and honest election could not be held in Negros Occidental and that fraudulent registration had occurred in many districts of Lanao; it therefore recommended to the President the postponement of the election in Negros Occidental and in specified municipal districts of Lanao.
The President declined to follow COMELEC’s recommendation and the elections were held on November 8, 1949. Petitioners then filed a petition for mandamus in the Supreme Court seeking to compel COMELEC to exclude (not to count) the votes cast for senators in Negros Occidental and Lanao from the national canvass to be conducted under Section 166 of the Revised Election Code. COMELEC answered, admitting some allegations and denying others, and informed the Court that petitioners had also filed before COMELEC a separate petition (not yet resolved) seeking annulment or exclusion of senatorial votes in those two provinces and in five other provinces.
The Supreme Court heard the mandamus petition on December 9, 1949, and...(Pro-only)
Issues:
- Does the Commission on Elections have the power to annul an election in a political division or subdivision because of alleged terrorism, intimidation, or fraud committed in connection with that election?
- Should the Supreme Court issue a writ of mandamus directing COMELEC to exclude from the national canvass the votes cast for senators in ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)