Digest: Typoco, Jr. v. Commission on Elections (319 SCRA 498, 199)

Digest: Typoco, Jr. v. Commission on Elections (319 SCRA 498, 1999)

Facts:  TYPOCO and private respondent Jesus Pimentel (PIMENTEL) were both candidates for the position of Governor in Camarines Norte. TYPOCO together with Winifredo Oco (OCO), a candidate for the position of Congressman of the Lone District of Camarines Norte filed a Joint Appeal before the COMELEC. TYPOCO and OCO questioned therein the ruling of the Provincial Board of Canvassers of Camarines Norte which included in the canvass of votes the Certificate of Canvass of the Municipality of Labo, Camarines Norte.

On June 4, 1998, COMELEC (Second Division) issued an Order dismissing the Joint Appeal. Thereafter, TYPOCO filed a Motion for Reconsideration reiterating his motion to admit evidence to prove the manufacturing and/or spurious character of the questioned returns which were allegedly prepared in group by only one person and which will materially affect the results of the election for the position of Governor.

In the meantime, on June 10, 1998, TYPOCO and OCO filed with the COMELEC En Banc a separate petition for Annulment of Election or Election Results and/or Declaration of Failure of Elections in several precincts, docketed as SPA No. 98-413, subject of the instant petition. The petition alleged that massive fraud and irregularities attended the preparation of the election returns considering that upon technical examination, 305 election returns were found to have been prepared in group by one person.

Issue: Whether or not a failure of election may be declared.

Ruling: No. While fraud is a ground to declare a failure of election, the commission of fraud must be such that it prevented or suspended the holding of an election, including the preparation and transmission of the election returns. The proper remedy in assailing election returns as manufactured for being allegedly prepared by one person, is to seek a recount, which is a proper subject of an election protest.