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FINDINGS OF FACT OF THE COMELEC ARE BINDING Petitioner’s argument that respondent COMELEC
gravely abused its discretion by failing to declare a total failure of
elections in the entire province of Lanao del Sur and to certify the same
to the President and Congress so that the necessary legislation may be
enacted for the holding of a special election, likewise fails to persuade. No less than petitioner himself concedes that there was total failure of elections in twelve (12) municipalities and partial failure in eleven (11). Yet he now insists a total failure of elections should have been declared in the entire province of Lanao del Sur. Suffice it to state that the propriety of declaring whether or not there has been a total failure of elections in the entire province of Lanao del Sur is a factual issue which this Court will not delve into considering that the COMELEC, through its deputized officials in the field, is in the best position to assess the actual conditions prevailing in that area. Absent any showing of grave abuse of discretion, the findings of fact of the COMELEC or any administrative agency exercising particular expertise in its field of endeavor, are binding on the Court.13 [Cordero v. COMELEC, GR No. 134826, 6 July 1999, p. 12, citing Grego v. COMELEC, 274 SCRA 481 (1997); Philippine Savings Bank v. NLRC, 261 SCRA 409 (1996); Navarro v. COMELEC, 228 SCRA 596 (1993)] There is no cogent reason to depart from the general rule in this case. En Banc, Ynares-Santiago, LININDING PANGANDAMAN, petitioner, vs. COMMISSION ON ELECTIONS, PROVINCIAL BOARD OF CANVASSERS OF LANAO DEL SUR, MAHED MUTILAN, ALEEM, AMERRODIN SARANGANI and NARRA ABDUL JABBAR JIALIL, respondents. [G.R. No. 134340. November 25, 1999]
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + Findings of fact of the COMELEC supported by substantial evidence shall be final and non-reviewable.11 [See Section 5, Rule 64, 1997 Rules of Civil Procedure.] Factual findings of the COMELEC based on its own assessments and duly supported by evidence, are conclusive upon this Court, more so, in the absence of a substantiated attack on the validity of the same.12 [Malonzo v. Commission on Elections, 269 SCRA 380; see also Matalam v. Commission on Elections, 271 SCRA 733.] The COMELEC, as the government agency tasked with the enforcement and administration of election laws, is entitled to the presumption of regularity of official acts with respect to the elections. Having the expertise and skill of enforcing and implementing election laws, the COMELEC could not have erred as to allow double deductions, thereby frustrating the will of the people. En Banc, Justice Purisima, HADJI HUSSEIN MOHAMMAD, petitioner, vs. COMMISSION ON ELECTIONS and ABDULAJID ESTINO, respondents. [G.R. No. 136384. December 8, 1999]
At the outset, it must be stressed that we cannot depart from the settled norm of reviewing decisions of the COMELEC, i.e., "this Court cannot review the factual findings of the COMELEC absent a grave abuse of discretion and a showing of arbitrariness in its decision, order or resolution."15 [Lozano vs. Yorac, 203 SCRA 256 (1991)] The arguments of petitioner DIANGKA do not convince this Court that the COMELEC gravely abused its discretion in ordering her disqualification. XXX We uphold the foregoing factual findings, as well as the conclusions reached by the COMELEC. Factual findings of the COMELEC based on its own assessments and duly supported by gathered evidence, are conclusive upon the court, more so, in the absence of a substantiated attack on the validity of the same,16 [Malonzo vs. COMELEC, 269 SCRA 380.] as is the case in the instant petition. En Banc, Justice Gonzaga-Reyes, MAIMONA H. N. M. S. DIANGKA, petitioner, vs. COMMISSION ON ELECTIONS, and ATTY. ALI M. BALINDONG, respondents.HATOL [G.R. No. 139545. January 28, 2000] + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
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CCHOPE ELECTION
2001 
