G.R. No. 170365
February 2, 2010
ABDUL GAFFAR P.M.
DIBARATUN vs.
COMMISSION ON ELECTIONS and ABDUL CARIM MALA ABUBAKAR
COMMISSION ON ELECTIONS and ABDUL CARIM MALA ABUBAKAR
Facts:
The Comelec en banc ruled
a failure of elections in precinct No. 6a/7a, Lanao del Sur
on the
second instance stated in Section 6 of the Omnibus Election Code, that is, 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. The Election on said precinct was disrupted by
a commotion, was untimely suspended and never resumed. The Comelec decision, consequently
nullified the proclamation of herein petitioner dibaratun as winner.
Petitioner
Dibaratun contended that Comelec committed grave abuse of discretion amounting
to lack or excess of jurisdiction in declaring a failure of elections for
acting on herein respondents’ petition even if such petition was filed out of
time.
Issue:
Whether
or not Comelec committed grave abuse of discretion amounting to lack or excess
of jurisdiction in declaring a failure of elections
Ruling:
