Topic: Failure of Election and Call for Special Election in Philippine Election Law

I. Legal Framework for Failure of Election and Special Elections

The provisions concerning the failure of election and the call for a special election in the Philippines are primarily governed by:

1987 Constitution of the Philippines
Omnibus Election Code (Batas Pambansa Blg. 881)
Republic Act No. 7166 (Synchronized Elections Law)
Commission on Elections (COMELEC) Rules and Resolutions

These laws set the procedural and substantive requirements when elections fail and how the remedy of a special election is initiated.

II. Failure of Election: Grounds and Definition

Under Section 6 of the Omnibus Election Code, a failure of election may be declared when any of the following occurs:

Force majeure, violence, terrorism, fraud, or other analogous causes which prevent the holding of elections in any precinct or precincts;
The election in a particular precinct is suspended before the votes are fully cast;
The election results in a failure to elect, i.e., no candidate is elected due to the circumstances enumerated above;
The election returns are precluded or cannot be ascertained due to causes mentioned above.

The circumstances leading to failure must be sufficiently grave to render it impossible to hold or conclude the election, or prevent the results from being determined with reasonable certainty.

III. Procedure for Declaration of Failure of Election

The declaration of failure of election is within the exclusive jurisdiction of the Commission on Elections (COMELEC). The following are key procedural requirements:

Petition for Declaration of Failure of Election
- A petition for the declaration of failure of election may be filed by any candidate, political party, or group, or any voter in the affected area.
- The petition must be filed with the COMELEC within 30 days from the occurrence of the cause of failure of election.
Summary Proceeding
- The COMELEC is required to conduct a summary proceeding to determine whether the conditions for declaring a failure of election exist.
COMELEC's Power to Motu Proprio Declare Failure of Election
- The COMELEC may, on its own initiative, declare a failure of election without a petition if it has reasonable grounds to believe that the circumstances warrant such declaration.

IV. Causes and Conditions for Failure of Election

The essential elements of a valid declaration of failure of election are:

Existence of one of the enumerated causes (force majeure, violence, fraud, terrorism, etc.);
The cause prevented the holding of elections, or prevented the voting, or caused suspension of voting, or results could not be determined;
The petition must be filed within 30 days of the occurrence of the cause.

The declaration is jurisdictionally limited to precincts where elections were not held or where election results were uncertain due to the enumerated causes.

V. Call for Special Elections

When the COMELEC declares a failure of election, it is required to schedule a special election. The procedure for the call for a special election is as follows:

Scheduling of Special Election
- The COMELEC, after declaring a failure of election, shall set a date for a special election. This should be done within 45 days from the date of the failure of election (except in cases involving the Presidency and Vice-Presidency, where it should be done within 30 days).
Notice and Dissemination
- The COMELEC must give adequate public notice of the special election, which includes publication in appropriate forums and communication to political parties and candidates.
Same Rules Apply
- The special election is subject to the same rules as regular elections, including procedures for voting, canvassing, and resolving electoral contests.
Voting in Special Elections
- Only voters registered in the affected precincts may participate in the special election. The list of voters is based on the same voters' list used during the original election.

VI. Effect of Failure of Election on Electoral Offices

In cases of failure of election, the incumbents continue to hold office until their successors are elected and qualified. This is supported by the constitutional principle of "hold-over," ensuring continuity of governance until the special election is held and new officials are duly proclaimed.

VII. Special Provisions in National Elections (Presidential and Vice-Presidential Elections)

For presidential and vice-presidential elections, the Constitution provides for a special rule under Article VII, Section 10:

If the elections for President or Vice-President fail, a special election must be called and held within 30 days from the failure of election.

VIII. Jurisprudence on Failure of Election

The Supreme Court of the Philippines has provided clarity on certain points regarding the declaration of failure of elections in various cases:

Jurisdiction of COMELEC: The COMELEC has the exclusive power to determine and declare a failure of election. This power cannot be usurped by any other governmental body, including the judiciary.
Substantial Evidence: In cases where a declaration of failure of election is sought, substantial evidence of the grounds (force majeure, terrorism, fraud, etc.) must be shown. Speculative or unsubstantiated claims are insufficient.
Timeliness: Strict compliance with the 30-day rule for filing a petition for failure of election is required. Late petitions are generally dismissed unless exceptional circumstances justify the delay.

IX. Conclusion

The legal framework governing failure of election and the call for special elections in the Philippines is designed to ensure that elections are conducted fairly, with the electorate’s will accurately reflected in election outcomes. COMELEC plays a central role in investigating and determining whether elections have failed and in organizing special elections as a remedy. All parties involved in an electoral process should be vigilant in ensuring that the rules on failure of election are applied correctly and promptly to avoid prolonged vacancies in electoral offices.