G.R. No. 105214 August 30, 1993
FRANCISCO JAVIER O. CARAM and the LABAN NG DEMOKRATIKONG PILIPINO, petitioners, vs. COMMISSION ON ELECTIONS and ILOILO PROVINCIAL BOARD OF CANVASSERS, respondents.

FACTS

Petitioners filed a petition for mandamus to compel the Commission on Elections (COMELEC) to conduct special elections for the Sub-province of Guimaras, Province of Iloilo, and in affected areas of the Second Congressional District of Iloilo. This was sought to elect the Governor, Vice-Governor, Members of the Sangguniang Panlalawigan representing the Second District of Iloilo, and the Congressman for the Second Congressional District. They also sought a temporary restraining order to stop the Provincial Board of Canvassers from canvassing and proclaiming results for these positions. The petition alleged that COMELEC had no authority to exclude Guimaras voters from voting for Iloilo provincial officials and that COMELEC failed to properly disseminate information regarding the right of Guimaras voters to vote for a Congressman for the Second Congressional District, resulting in almost one-third of registered voters in the sub-province being unable to exercise that right. The Local Government Code, effective January 1, 1992, provided for the conversion of the Sub-province of Guimaras into a regular province, with a plebiscite to be held simultaneously with the national elections on May 11, 1992. On that date, the official ballots distributed in the three municipalities of Guimaras did not contain provisions for electing the Governor, Vice-Governor, and Sangguniang Panlalawigan members for Iloilo’s Second District. COMELEC Resolution No. 2410 governed the plebiscite, and the official ballots included a question on the conversion of Guimaras. The plebiscite results, certified on May 22, 1992, showed approval of the conversion by a vote of 283,224 against 42,524.

ISSUE

Whether the COMELEC should be compelled to conduct special elections for the positions of Governor, Vice-Governor, Members of the Sangguniang Panlalawigan representing the Second District of Iloilo, and Congressman for the Second Congressional District of Iloilo, due to the exclusion of Guimaras voters from voting for provincial officials and alleged failure to inform them of their right to vote for a Congressman.

RULING

The petition is dismissed. Regarding the election of provincial officials (Governor, Vice-Governor, Sangguniang Panlalawigan members), the Court, citing Griño v. Commission on Elections, held that COMELEC had no authority to exclude Guimaras voters from voting for these positions. However, since the plebiscite results approved the conversion of Guimaras into a regular province, and under Section 462 of the Local Government Code, the President is empowered to appoint officials of the newly created province upon ratification, there is no legal basis to call special elections for Iloilo provincial officials. Undoing COMELEC’s action would serve no useful purpose. Regarding the election of the Congressman for the Second Congressional District, the official ballots used in Guimaras contained a space for voting for a Congressman, indicating voters could vote for that office. Petitioners provided no evidence to support their claim that one-third of Guimaras voters were unable to vote due to lack of information dissemination. The absence of such evidence leads to the conclusion that those who did not vote for Congressman merely abstained, a right that deserves respect. Compelling a special election would nullify the votes of those who participated. The COMELEC correctly followed Section 462 of R.A. 7160, which provides that the new legislative district (Guimaras) shall continue to be represented by the duly-elected representatives of the original district (Second Congressional District of Iloilo) until their own representatives are elected in the next regular congressional elections.