USMAN V COMELEC G.R.L-33325DEC 29, 1971

FACTS:
Petitioners petitioned to COMELEC for declaration of nullity of the election returns from 7 municipalities and municipal district precincts. They alleged that that in the said municipalities and barrios, no actual voting took place because of "terrorism and other machinations," and that fictitious election returns were prepared under duress, and the influence of terrorism and/or bribery wherein, it was made to appear that certain favored candidates obtained most, if not all the votes fictitiously cast therein, while petitioners were made to appear as having obtained very few, if no votes at all. They prayed for the holding of a special election in the municipalities and barrios concerned and, ad interim, the suspension of the canvass as well as the proclamation of the winning candidates until after hearing and decision on the merits of the petition.

ISSUE:
WON a mandatory special election in the precincts concerned must be made.

RULING:
No. A reading of section 17 (e) of Republic Act 6132 makes it apparent that Congress has delegated to the Comelec the power to call for a special election — a power essentially legislative in nature, being merely an incident to or an extension or modality of the power to fix the date of the elections. However, in the proper exercise of the delegated power, Congress saw fit to require the Comelec ascertain that (1) no voting has been held in any precinct or precincts because of force majeure, violence or terrorism and (2) that the votes not cast therein suffice to affect the results of the elections. The language of the provision clearly requires the concurrence of the two circumstances to justify the calling of a special election. The Comelec concedes that what transpired in Karomatan constitutes "not merely a simple case of irregularity in the voting but a case of no voting or no election at all. However, the Comelec attributes this to "massive fraud rather than to force majeure, violence or terrorism the — three causes explicitly enumerated by section 17 (e). Unlike section 17 (d) which empowers the Comelec to postpone the election in any political division or subdivision whenever it finds that the holding of a free, orderly and honest election therein is rendered impossible by reason of fraud, violence, coercion, terrorism, or any other serious cause or causes, section 17 (e) excludes the situation where no voting has been held because of fraud. Furthermore, doubt exists whether or not the irregularities committed in Karomatan properly partake of violence or terrorism. This being the case, we find that the first circumstance is not attendant. As to the second circumstance, therefore, we find it unnecessary to indulge in surmises

PRINCIPLE/DOCTRINE:
TWO CIRCUMSTANCES TO JUSTIFY THE CALLING OF SPECIAL ELECTION
(1) no voting has been held in any precint or precincts because of force majeure, violence or terrorism and
(2) that the votes not cast therein suffice to affect the results of the elections.