This case has been cited 1 times or more.
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2006-04-19 |
SANDOVAL-GUTIERREZ, J. |
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| In Tan v. COMELEC,[7] we held that the above provisions lay down three instances where a failure of election may be declared, namely: (1) the election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud or other analogous causes; (2) the election in any polling place has been suspended before the hour fixed by law for the closing of the voting on account of any of such causes; or (3) after the voting and during the preparation, transmission, custody or canvass of the election returns, the election results in a failure to elect on account of any of said aforementioned causes. In all instances, there must have been a failure to elect. This is obvious in the first two scenarios, where the election was not held and where the election was suspended. As to the third scenario, the circumstances attending the preparation, transmission, custody or canvass of the election returns cause a failure to elect. The term failure to elect means "nobody emerges as a winner."[8] | |||||