Legally Yours,  Political Law

Cawasa v. COMELEC

Cawasa v. COMELEC

GR No. 150469 | 3 July 2002

FACTS:

Jun Rascal Cawasa and private respondent Adbulmalik M. Manamparan were among the candidates for mayor in the Municipality of Nunungan, Lanao Del Norte. Out of the forty (40) precincts in Nunungan, only thirty-six (36) functioned, as there was a failure of election in the remaining four (4) precincts. Thus the proclamation was deferred as the number of registered voters would affect the election results. A special election was set for the remaining (4) precincts. After the special election, Cawasa was proclaimed Mayor. Manamparan filed an appeal and petition for the annulment of the proclamation of petitioner Cawasa and for the annulment of the special election results. The Comelec en banc promulgated a resolution annulling the results of the special elections of the 4 precincts and annulling the proclamation of the winning candidates.

ISSUE:

Whether or not the result of the special election was valid due to the transfer of polling places in adjacent areas.

HELD:

No. The Comelec ruled that the result of the special elections in the 4 contested precincts were declared annulled, so as the proclamation of the winning candidates, as such election was not genuinely held and resulted in failure to elect on account of fraud. As clearly provided by the law, the location of polling places shall be the same as that of the preceding regular election. While the proclamation of a candidate has the effect of terminating pre-proclamation issues, a proclamation that is a result of an illegal act is void and cannot be ratified by such proclamation and subsequent assumption of office.

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