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Case Digest - Election Law, Local Government

Griño vs. COMELEC

G.R. No. 105120 September 2, 1992

FACTS:

Griño and his LDP political party filed a certiorari case against COMELEC in relation to the May 11, 1992 election. Griño is a candidate for Governor of Iloilo where the sub-province of Guimaras is located. LGC of 1991 took effect requiring the conversion of existing sub-provinces into regular provinces, and Guimaras is one such sub-provinces, upon approval by majority of votes cast in a plebiscite. The plebiscite favored the conversion of Guimaras into a regular province but petitioner questioned the COMELEC that ballots should have contained spaces to allow voting for Gov, Vice Gov and members of the Sanggunian of Iloilo.

ISSUE:

Whether or not there was a complete failure of election in Guimaras.

HELD:

The court held that COMELEC was under mistaken presumption that under the LGC of 1991, whether or not the conversion of Guimaras into a regular province is ratified by the people in plebiscite, the President will appoint provincial officials. However, the voters favored for the conversion of Guimaras into a regular province so there was need to undo what COMELEC has done in plebiscite. There ballots in Guimaras should have contained spaces for Gov and Vice Gov. etc. but SC has now considered the case moot and academic since majority voted in the affirmative for the conversion of Guimaras.


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