Title
Dumarpa vs. Commission on Elections
Case
G.R. No. 192249
Decision Date
Apr 2, 2013
Petitioner challenged COMELEC Resolution No. 8965, contesting re-clustering and SBEI constitution for special elections. SC dismissed, citing mootness and COMELEC's broad powers.
constitutional challenge
resolution
failed elections

Case Summary (G.R. No. 192249)

Factual Background

Salic Dumarpa was a congressional candidate in the First Congressional District of Lanao del Sur in the 10 May 2010 elections. The Commission on Elections declared total failure of elections in seven municipalities of Lanao del Sur and identified failures in precincts of eight other municipalities, aggregating fifteen municipalities affected. The COMELEC cited missing ballots, withdrawal of PCOS machines by Smartmatic, reluctance or disqualification of Board of Election Inspectors, and the need for retraining under R.A. 9369 as grounds for resetting and reorganizing the conduct of special elections. To address these problems, the COMELEC issued Resolution No. 8946 rescheduling special elections to 3 June 2010 and subsequently promulgated Resolution No. 8965 containing guidelines, including Section 4 establishing a mechanism for constituting Special Board of Election Inspectors and Section 12 providing for the re-clustering of precincts and reassignment of voting centers in affected municipalities.

Procedural History

On 28 May 2010, Salic Dumarpa filed a Motion for Reconsideration directed only to Sections 4 and 12 of Resolution No. 8965 insofar as they applied to the Municipality of Masiu. The Commission on Elections did not act on that motion. On 2 June 2010 petitioner filed a petition for prohibition and mandamus with a prayer for temporary restraining order and/or writ of preliminary injunction under Rule 64, in relation to Rule 65, seeking annulment of Sections 4 and 12 of Resolution No. 8965 on the ground of grave abuse of discretion. The Court did not issue injunctive relief and the special elections proceeded on 3 June 2010.

Issues Presented

The petition posed whether Sections 4 and 12 of COMELEC Resolution No. 8965 were illegal or void and were issued with grave abuse of discretion or without notice and hearing, such that the Supreme Court should enjoin or annul those provisions prior to the special elections. Related questions concerned the authority of the COMELEC to re-cluster precincts and to designate SBEIs, and whether those actions violated provisions protecting public school teachers serving as BEIs or substantive electoral rights.

Petitioner's Contentions

Salic Dumarpa argued that Section 12 on re-clustering and Section 4 on constitution of SBEIs were illegal, void, and issued without notice or hearing to affected candidates and stakeholders. He asserted that re-clustering in Masiu occurred in less than thirty days before the special elections and reduced polling places from twenty-one to three voting centers, conferring a decisive advantage to his opponent, Representative Hussin Pangandaman. He also contended that the designation of SBEIs and suspension of the residency requirement for BEIs failed to observe safeguards, and that public school teachers serving as BEIs could not be relieved or disqualified except for cause and after due process pursuant to Section 170 of the Omnibus Election Code.

Respondent's Position

The Office of the Solicitor General, appearing for the Commission on Elections, argued that the controversies raised had been mooted by the holding of the special elections on 3 June 2010. The OSG further maintained that Resolution No. 8965 was within COMELEC’s statutory and constitutional powers and was not tainted by grave abuse of discretion.

Supreme Court’s Disposition

The Supreme Court dismissed the petition. The Court concluded that the holding of the special elections and the subsequent proclamation of petitioner’s opponent, Hussin Pangandaman, as winner presented a supervening event that mooted the controversy. The Court additionally found the petition unmeritorious on the merits and pronounced deference to COMELEC’s exercise of its plenary powers in election administration.

Legal Basis and Reasoning

The Court first applied the doctrine of mootness to find the petition nonjusticiable because supervening events rendered any declaration of rights of no practical value. On the merits, the Court reviewed the constitutional and statutory grants of authority to the Commission on Elections, specifically Article IX(C), Section 2(1)-(4) of the 1987 Constitution and the powers enumerated in Section 52 of the Omnibus Election Code. The Court emphasized that the COMELEC’s power to enforce and administer election laws carries necessary and incidental powers to secure free, orderly, honest, peaceful, and credible elections. The Court cited Sumulong v. COMELEC and Cauton v. COMELEC for the principle that COMELEC is entitled to considerable latitude in choosing means and methods to secure the integrity of elections, and that judicial interference is inappropriate unless actions are clearly illegal or constitute grave abuse of discretion. The Court observed that Resolution No. 8965 was issued in direct response to a widespread failure of elections in Lanao del Sur and that the COMELEC, through field officials, was best positioned to assess on-the-ground conditions and make prompt decisions to prevent further failures. The Court noted that the COMELEC acted to schedule special elections within the thirty-day period contemplated by the Omnibus

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