G.R. No. L-55513 and G.R. No. L-55642. June 19, 1982.
VIRGILIO SANCHEZ, petitioner, vs. COMMISSION ON ELECTIONS, respondent. ARMANDO BILIWANG, petitioner, vs. COMMISSION ON ELECTIONS, respondent.

FACTS

In the January 30, 1980 local elections for Municipal Mayor of San Fernando, Pampanga, Virgilio Sanchez (NP) and Armando Biliwang (KBL) were candidates. The Municipal Board of Canvassers proclaimed Biliwang the winner. Sanchez filed a petition with the COMELEC to annul the elections due to alleged large-scale terrorism. After hearings, the COMELEC issued a Resolution on May 15, 1980, annulling the election and the proclamation of Biliwang. It found that after the voting, armed individuals coerced teachers who were members of the Citizens Election Committees, herded them to the town hall, forced open ballot boxes, and substituted genuine ballots with pre-prepared ones favoring Biliwang. The COMELEC certified this failure of election to the President and the Batasang Pambansa for remedial legislation and possible appointment of officials.
Both parties sought reconsideration. Sanchez argued the COMELEC should call a special election instead of certifying the failure to the political branches. Biliwang contended the COMELEC had no power to annul an entire municipal election and should proclaim a winner based on unchallenged returns. The COMELEC denied both motions, leading to these consolidated petitions for certiorari.

ISSUE

The issues are: (1) Does the COMELEC have the power to annul an entire municipal election on the ground of post-election terrorism? (2) Does the COMELEC have the authority to call for a special election in such a case?

RULING

The Supreme Court ruled on both issues. First, it upheld the COMELEC’s power to annul the election. The COMELEC’s constitutional mandate to enforce and administer all election laws includes the authority to ensure free, orderly, and honest elections. This power is not limited to pre-proclamation controversies but extends to annulling an election where terrorism and irregularities, as found here, vitiated the integrity of the entire electoral process. The Court cited its jurisprudence recognizing the COMELEC’s broad powers to nullify elections tainted by fraud, violence, or terror, whether occurring before, during, or after the voting. The massive substitution of ballots after the polls constituted a total failure of election, justifying annulment.
Second, the Court held that the COMELEC does have the authority to call a special election. Section 5 of Batas Pambansa Blg. 52 explicitly provides that the COMELEC shall call a special election when an election results in a failure to elect. The factual finding of a total failure of election in San Fernando triggered this duty. Therefore, the portion of the COMELEC Resolution certifying the matter to the President and Batasang Pambansa was set aside as an abdication of its statutory mandate. The COMELEC was directed to call a special election. The petitions were disposed of accordingly: Sanchez’s petition was granted to modify the Resolution; Biliwang’s petition was denied for lack of merit.