MANILA, Philippines — While the Constitution authorizes the Presidential Electoral Tribunal (PET) to void the results of presidential and vice presidential races, the tribunal does not have the power to declare failure of elections as that power is bestowed exclusively on the Commission on Elections (Comelec).
“It is crystal clear that PET is empowered by the Constitution to declare annulment of elections without special elections,” the election body said in a 30-page comment, dated Nov. 3, on the electoral protest of defeated vice presidential candidate Ferdinand Marcos Jr.
“It cannot, however, declare failure of elections and conduct special elections, the latter being within the exclusive jurisdiction of the Comelec,” the poll body said in the comment signed by Comelec lawyers Maria Norina Tangaro Casingal and John Rex Laudiangco.
The Comelec also noted that the tribunal, comprised of all 15 justices of the Supreme Court, had previously set high standards in invalidating election results to protect the constitutional right of the electorate to vote their leaders into office.
The Comelec thus advised the Supreme Court to be careful in nullifying the votes cast in three Mindanao provinces as petitioned by Marcos which would spell doom for Vice President Leni Robredo, who narrowly beat Marcos by more than 263,000 votes in 2016.
“(T)he power to nullify an election must be exercised with the greatest care with a view not to disenfranchise the voters, and only under circumstances that clearly call for such drastic remedial measure,” read the Comelec’s comment.