Title
Tan vs. Commission on Elections
Case
G.R. No. 148575-76
Decision Date
Dec 10, 2003
Candidates in Sulu's 2001 elections sought failure of elections due to alleged fraud; Supreme Court ruled proper remedy was election protest post-proclamation, not failure declaration.

Case Summary (G.R. No. 148575-76)

Background of the Petitions

On May 17 and 18, 2001, Tan, Sahidulla, and Burahan filed petitions with the COMELEC alleging a failure of elections in the municipality of Luuk and subsequently in the municipalities of Parang and Indanan due to alleged disenfranchisement of voters and electoral fraud. The petitions were docketed as SPA Nos. 01-257 and 01-265, seeking to suspend the canvassing of election returns and declare the elections void in those municipalities.

Initial Orders and Reactions

On May 19, 2001, the COMELEC issued an order suspending the proclamation of winning candidates after a motion by the petitioners. However, the Provincial Board of Canvassers (PBC) nevertheless proclaimed the winning candidates on May 23, 2001, prompting the petitioners to amend their petitions to include the proclaimed candidates as respondents.

Jurisdictional Dispute

The respondents—including the proclaimed candidates—filed answers questioning the jurisdiction of the COMELEC over the amended petitions, asserting that the petitions should have been treated as election protests rather than petitions for failure of elections. The respondents argued that proclamations should stand, as elections had been conducted and winners declared.

Key COMELEC Orders and Appeals

On June 20, 2001, the COMELEC annulled the May 23 proclamation, citing defiance of its prior order. However, by June 28, 2001, the COMELEC recalled its annulment, citing the absence of valid pre-proclamation issues. Aggrieved by these developments, the petitioners sought relief from the Supreme Court.

Threshhold Legal Issues

The key legal questions involved whether the COMELEC had jurisdiction to suspend proclamations pending a determination of failure of elections and whether it had acted with grave abuse of discretion in its subsequent orders.

Court's Findings on Jurisdiction

The Supreme Court found that the amended petitions constituted election protest cases over which the COMELEC had exclusive jurisdiction under the Constitution, as they sought to question the validity of elections that had occurred and resulted in proclaimed winners. The allegations of fraud did not meet the standards necessary to declare a failure of election under the Omnibus Election Code.

Analysis of COMELEC’s Actions

The Court outlined that the COMELEC had the authority to investigate claims of fraud, but only under valid circumstances of voting failure, which were not present.

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