GRIO VS.

COMELEC

G.R. NO. 105120 SEPTEMBER 2, 1992

FACTS:

Grio and his LDP political party filed a certiorari case against COMELEC in relation
to the May 11, 1992 election. Grio 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.