This case has been cited 2 times or more.
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2010-02-02 |
PERALTA, J. |
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| A petition to declare a failure of elections is neither a pre-proclamation controversy as classified under Sec. 5 (h), Rule 1 of the Revised COMELEC Rules of Procedure, nor an election case.[22] | |||||
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2007-04-02 |
CARPIO, J. |
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| Under Section 4 of Republic Act No. 7166 (RA 7166),[10] jurisdiction over postponements, failure of elections and special elections vests in the COMELEC En Banc.[11] The jurisdiction of the COMELEC En Banc over a petition to declare a failure of elections has been affirmed by this Court which ruled that a petition to declare a failure of elections is neither a pre-proclamation controversy nor an election case.[12] A prayer to annul election results and a prayer to declare failure of elections based on allegations of fraud, terrorism, violence or analogous causes are actually of the same nature and are denominated similarly in the Omnibus Election Code.[13] Thus, the COMELEC Second Division has no jurisdiction over the petition to annul the elections. | |||||