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Friday, January 23, 2004
SC junks suit questioning special polls in 2001
By Benjamin B. Pulta

THE Supreme Court (SC) rejected for lack of merit Thursday a suit questioning the circumstances of the special senatorial election in 2001.

In a 31-page decision, the SC dismissed the suit filed by former Sen. Arturo M. Tolentino and former Ombudsman Arturo Mojica questioning a Comelec resolution regarding the special senatorial election, which was held together with the regular elections that year.

The special election were to elect the replacement for Sen. Teofisto Guingona, who left the Senate to assume the vice presidency.

The two petitioners claimed that the Comelec failed to notify the electorate of the position to be filled in the special election, failed to require senatorial candidates to indicate in their certificates of candidacy (COC0 whether they seek election under a special or regular elections.

In supporting the Comelec, the SC said the latter has wide discretion on how to run an election.

The High Tribunal, however, urged the Comelec to stick with the law in future special elections.

"The calling of a special elections, if necessary, and the giving of notice to the electorate of necessary information regarding a special election, are central to an informed exercise of the right of suffrage. Comelec should not take chances in future elections. We remind Comelec to comply strictly with all the requirements under applicable laws relative to the conduct of regular elections in general and special elections in particular," the SC ruled.

(January 23, 2004 issue)
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