G.R. No. 134696 - TOMAS T. BANAGA, JR., VS. COMMISSION ON ELECTIONS AND FLORENCIO M. BERNABE, JR.. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, we ordered the COMELEC to reinstate the aforesaid petition. Those circumstances, however, are not present in this case, so that reliance on Loong by petitioner Banaga is misplaced. Petitioner argues that the COMELEC should not have treated his prayer for annulment of elections as a prayer for declaration of failure of elections. [16] This argument is plainly gratuitous as well as immaterial. A prayer to declare failure of elections and a prayer to annul the election results for vice mayor in this case are actually of the same nature. Whether an action is for declaration of failure of elections or for annulment of election results, based on allegations of fraud, terrorism, violence or analogous cause, the Omnibus Election Code denominates them similarly. [17] No positive gain will accrue to petitioner's cause by making a distinction without a difference. Finally, petitioner claims that public respondent gravely abused its discretion when it dismissed his petition motu propio . However, the fact that a verified petition has been filed does not mean that a hearing on the case should first be held before COMELEC can act on it. The petition to declare a failure of election and/or to annul election results must show on its face that the conditions necessary to declare a failure to elect are present. In their absence, the petition must be denied outright. [18] Public respondent had no recourse but to dismiss petition. Nor may petitioner now complain of denial of due process, on this score, for his failure to properly file an election protest. The COMELEC can only rule on what was filed before it. It committed no grave abuse of discretion in dismissing his petition "to declare failure of elections and/or for annulment of elections" for being groundless, hence without merit. WHEREFORE , the instant petition is DISMISSED. The assailed RESOLUTION of public respondent is AFFIRMED. Costs against petitioner. SO ORDERED.