G.R. No. L-3521. December 13, 1949.
THE NACIONALISTA PARTY, ET AL., petitioners, vs. THE COMMISSION ON ELECTIONS, respondent.

FACTS

Petitioners, the Nacionalista Party and its senatorial candidates, sought to compel the Commission on Elections (COMELEC) to exclude the votes cast for senators in Negros Occidental and Lanao from the national canvass. They alleged that, based on COMELEC’s own pre-election findings, a state of terrorism and fraud in those provinces made free, orderly, and honest elections impossible. Before the election, COMELEC had recommended to the President the postponement of elections in those areas, but the President did not act on the recommendation. Petitioners argued the elections held there were null and void and the votes should not be counted.

ISSUE

Whether the COMELEC is empowered to annul an election in a political division or to exclude votes from the canvass due to alleged terrorism or fraud committed in connection therewith.

RULING

No. The Supreme Court denied the petition for mandamus. The COMELEC’s constitutional and statutory powers are limited to the enforcement and administration of election laws to ensure free, orderly, and honest elections. Its duty in the canvass is ministerial: to count the votes appearing in genuine election returns. The determination of the validity of elections affected by fraud, terrorism, or other irregularities is a judicial or quasi-judicial function, not an administrative one vested in COMELEC. Specifically, questions regarding the legality of votes for senators fall under the exclusive jurisdiction of the Senate Electoral Tribunal. The Court cannot, via mandamus, order COMELEC to perform an act beyond its legal duty or to assume a power it does not possess.

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