Dibaratun v.

COMELEC, Abubakar GR 170365 : Feb 2, 2010 Facts: Abubakar filed before the COMELEC a petition for declaration of failure of elections in an election precinct, and annul the proclamation of Dibaratun as Punong Barangay. Abubakar alleged that Dibaratuns son entered the polling place possessing filled up ballots with intent of placing them in the ballot box. When he was confronted, Dibaratuns son committed violence, causing commotion and thereby stopping the polls, with only 10 out of 151 registered voters having voted. COMELEC granted the petition, and ordered Dibaratun to meanwhile act as Punong Barangay until the special elections. Dibaratun filed petition for certiorari with the SC, contending that the petition was filed outside the reglementary period of 10 days from proclamation, and grave abuse of discretion on the part of COMELEC. Issue: WON the declaration of failure of election was made properly by the COMELEC. Held: YES. The three instances when a failure of elections may be declared by the Commission are: (1) the election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud or other analogous causes; (2) the election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud or other analogous causes; or (3) after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect on account of force majeure, violence, terrorism, fraud or other analogous causes. Before the COMELEC can act on a verified petition seeking to declare a failure of elections, two conditions must concur: (1) no voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election resulted in a failure to elect; and (2) the votes not cast would have affected the result of the elections. The cause of such failure of election could only be any of the following: force majeure , violence, terrorism, fraud or other analogous causes. the affidavits submitted by the witnesses of the petitioner all state that it is respondent Dibaratun and his followers and relatives who were the cause of the violence which resulted in the suspension of the election after only ten (10) people managed to vote. The COMELEC en banc ruled that since both parties agreed that the elections were suspended before the hour fixed by law due to violence caused by undetermined persons, there was obviously a failure of elections in the aforementioned precinct. As to the question of filing the petition within time, the reglementary period contended by petitioner does not apply for this petition. The action to declare failure of elections is neither a pre-proclamation controversy nor election contest.