CCHOPE ELECTION
2001 |
SPECIAL ELECTION AND COUNTING OF BALLOTS FOR ONE POSITION If the special election and counting of ballots were to be held only for the position of mayor, then unfairness would result. In Tupay T. Loong v. Commission in Elections and Abdusakur Tan,19 [G.R. No. 133676, April 14, 1999.] we held that a special election only for the position of Governor cannot be sanctioned since other officials already serving their terms were proclaimed on the basis of the same manually counted votes. Thus, to hold a special election only for one position would be discriminatory and violative of the private respondent's right to equal protection of the laws. Such is not the case here. Moreover, while it is true that only petitioner's proclamation was affected by the assailed order, we note that he was singled out by private respondent who filed the petitions and not by public respondent COMELEC. Since he was the only one impleaded, then only his proclamation was suspended.En Banc, Ynares-Santiago, NASSER IMMAM, petitioner, vs. COMMISSION ON ELECTIONS and HADJI YUSOPH LIDASAN, respondents [G.R. No. 134167. January 20, 2000]
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