Lack of notice in special elections VIOLATION of electors' right to vote

It was quite sweeping and illogical for the COMELEC to state that the votes uncast would not have in any way affected the results of the elections. While the difference between the two candidates is only 219 out of the votes actually cast, the COMELEC totally ignored the fact that there were more than a thousand registered voters who failed to vote. Aside from Precinct 7-A where the ballot box had been burned and which had 219 voters, the COMELEC failed to consider the disenfranchisement of about 78% of the registered voters in the five (5) precincts of Madalum. Out of the 1,546 registered voters, only 328 actually voted because of the insufficient and ineffectual notice given of the time and place of elections. Whether or not another special election would turn the tide in petitioners favor is of no moment because what is more important is that the electors should not have been deprived of their right to vote which was rather apparent in the case at bar. [G.R. No. 124089. November 13, 1996]