Title
Banas-Nograles vs. Commission on Elections
Case
G.R. No. 246328
Decision Date
Sep 10, 2019
COMELEC suspended 2019 elections for South Cotabato's First District, citing logistical issues. Supreme Court ruled suspension invalid, ordered proclamation of winning candidate Shirlyn BaAas-Nograles.

Case Summary (G.R. No. 246328)

Applicable Law

The proceedings are based on the 1987 Philippine Constitution, specifically on the relevant provisions governing election schedules and the representation of legislative districts. Additionally, the case cites Republic Act No. 7166 and R.A. 11243.

Background of the Case

On March 11, 2019, President Duterte signed R.A. 11243 into law, creating the lone legislative district of General Santos City and stipulating that elections for representatives from this district would be held in the next national and local elections following the law's effectivity. The law took effect on April 4, 2019, just over a month before the planned elections.

COMELEC's Resolution

On April 11, 2019, COMELEC issued Resolution No. 10524, which suspended the upcoming elections for the representative of the First Legislative District of South Cotabato, including General Santos City. The resolution argued that the current electoral configurations were not compliant with the newly established boundaries and could not be modified in time for the elections due to operational and logistical constraints. Consequently, COMELEC scheduled the elections for the representative positions to be held "within six months from May 13, 2019," and declared any votes for the position in the scheduled elections as "stray."

Petitioners' Arguments

The petitioners challenged the validity of COMELEC's resolution, arguing that the election schedule contradicted R.A. 7166, which mandates that elections for members of the House of Representatives be held on the second Monday of May every three years. They contended that R.A. 11243 sought to initiate its provisions in the May 2022 elections and that conducting special elections so soon after the law's enactment was erroneous. Further, they expressed concern that if the votes were regarded as stray, it would leave the First District without representation until new elections were held.

Resolutions and Elections Held

Despite the ongoing petition, the general elections proceeded on May 13, 2019. Votes were cast for the position in question, with BaAas-Nograles receiving the majority. However, in accordance with COMELEC's directive, these votes were declared stray, and she was not proclaimed as the representative.

Subsequent Developments

BaAas-Nograles filed multiple requests to be recognized as the winning candidate and sought a Status Quo Ante Order to restore the right of the electorate to vote. COMELEC maintained its position that postponing the elections was justified due to the pre-existing logistical challenges.

Legal Findings

The Court ultimately found in favor of the petitioners, asserting that the provisions of the 1987 Constitution regarding election schedules are explicit, mandating elections for Congress on the second Monday of May unless specifically directe

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