G.R. No. 134913 - ZAIPAL D. BENITO, VS. COMMISSION ON ELECTIONS, IBRAHIM PAGAYAWAN, AND THE MUNICIPAL BOARD OF CANVASSERS OF CALANOGAS, LANAO DEL SUR.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the petition is hereby dismissed for lack of merit. Precincts 6A/6A1, 15A and 17A functioned on 11 May 1998 elections. The Municipal Board of Canvassers of Calanogas, Lanao del Sur is hereby ordered to reconvene and count the remaining uncounted votes for the three precincts aforementioned. Thereafter, they shall proclaim the three other un-proclaimed municipal councilors and enter the correct votes garnered by the parties in the Consolidation of Votes and Proclamation. Considering that the remaining uncounted votes will no longer affect the lead of the winning candidate for the position of mayor, the Commission hereby affirms the proclamation made by the Municipal Board of Canvassers of Calanogas, Lanao del Sur. Hence, the instant petition. The following issues are submitted for our resolution: WHETHER OR NOT THE COMELEC ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION (A) IN DISMISSING THE PETITION OF PETITIONER DOCKETED AS SPA NO. 98-333 (INCLUDING SPC 98-159 WHICH WAS CONSOLIDATED TO SPA 98-333 BY ORDER OF THE COMELEC ON JUNE 10, 1998) FOR LACK OF MERIT AND (B) IN DECLARING THAT THE ELECTIONS IN PRECINCTS 6A & 6A1, 15A AND 17A HAVE CONTINUED AN HOUR AFTER THEY WERE SUSPENDED ON THE BASIS OF THE ALLEGED FINAL REPORT OF CAPTAIN MANQUIQUIS; WHETHER OR NOT THE COMELEC ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT HOLDING A SPECIAL ELECTION IN PRECINCT NOS. 15A, 6A & 6A1 AND 17A ON GROUND OF FAILURE OF ELECTION OR OF A SUSPENDED ELECTION BEFORE THE CLOSING OF THE VOTING AT 3:00 O'CLOCK IN THE AFTERNOON OF THE MAY 11, 1998 ELECTION DAY ON GROUND OF THREATS, VIOLENCE AND TERRORISM; AND WHETHER OR NOT THE COMELEC ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT ANNULLING THE CERTIFICATE OF PROCLAMATION OF PRIVATE RESPONDENT DATED MAY 15, 1998. It is the COMELEC en banc which has the exclusive power to postpone, to declare a failure of election, or to call a special election. [8] In relation thereto, Section 6 of the Omnibus Election Code [9] provides: SEC. 6. Failure of Election.-- If, on account of force majeure , violence, terrorism, fraud, or other analogous causes the election in any polling place has not been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in