This case has been cited 1 times or more.
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2008-06-30 |
NACHURA, J. |
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| Stressed repeatedly in our prior decisions is that a failure of election may be declared only in the three instances[14] stated in Section 6[15] of the OEC: the election has not been held; the election has been suspended before the hour fixed by law; and the preparation and the transmission of the election returns have given rise to the consequent failure to elect, meaning nobody emerged as the winner.[16] Furthermore, the reason for such failure of election should be force majeure, violence, terrorism, fraud or other analogous causes.[17] Finally, before the COMELEC can grant a verified petition seeking to declare a failure of election, the concurrence of 2 conditions must be established, namely: (1) no voting has taken place in the precincts concerned on the date fixed by law or, even if there was voting, the election nevertheless resulted in a failure to elect; and (2) the votes cast would affect the result of the election.[18] | |||||