The exclusive power of the COMELEC to conduct a preliminary investigation of

The exclusive power of the comelec to conduct a

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The “exclusive power of the COMELEC to conduct a preliminary investigation of all casesinvolving criminal infractions of the election laws” stated in Par. 1 of COMELEC Resolution No. 2050 pertains to the criminal aspect of a disqualification case. Hence, an erring candidate may be disqualified even without prior determination of probable cause in a preliminary investigation.
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10. DAYAO CASE 11. ATIENZA CASE The validity or invalidity of the expulsion of a political party’s officers is purely a membership issue that has to be settled within the party. It is an internal party matter over which COMELEC has no jurisdiction. It may intervene in disputes internal to a party only when necessary to the discharge of its constitutional functions, such as resolving an intra party leadership dispute as an incident of its power to register political parties The loser cannot be ordered to reimburse the winner for the expenses incurred in the election protest, for no law provides for it. 12. BASHER CASE Failure of election The armed followers pointed their guns at her and her military escorts responded in the same manner. The tally sheet showed that Ampatuan got 250 votes; Basher got 15 votes and Razul got 10 votes. Ampatuan was proclaimed winner. Basher now assails the validity of the COMELEC Resolution dismissing the Petition to Declare Failure o Election and to Call Special Election in Precinct No. 12 Baranggay Maidan. WON there was failure of election YES. There was a failure of election. This notwithstanding, there was an invalid postponement of election. First, the place where the voting was conducted was illegal. Omnibus Election Code provides that election tellers shall designate the public school or ay public building within the Barangay to be used as polling place, election was held in the residence of the former mayor which is located in Barangay Pandarianao. Second, the law provides that the casting of votes start at 7 am and end at 3 pm except when there are voters present within 30 meters in front of the polling place who have nor yet cast their votes. Election was held after 9:00 pm until the wee hours the following day, certainly such was not in accordance with the law. Third, Election Day was invalid because suspension of postponement of election is governed by law and it provides that when f or any serious cause such as rebellion, insurrection, violence, terrorism, loss or destruction of election paraphernalia and any analogous causes such nature that the free, orderly and honest election should become impossible the COMELEC motu proprio or upon written petition by 10 registered voter after summary proceedings shall suspend or postpone the proceedings. Election Officer did not follow the procedure for he postponement or suspension or declaration of failure of election. She did not conduct any proceeding summary or otherwise to
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find out any legal grounds for the suspension or postponement or declaration of failure of election.
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