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2010 elections. Jalosjos was running for his third term. Cardino filed on 6 December 2009 a petition under
Section 78 of the Omnibus Election Code to deny due course and to cancel the certificate of candidacy of
Jalosjos. Cardino asserted that Jalosjos made a false material representation in his certificate of
candidacy when he declared under oath that he was eligible for the Office of Mayor.
Cardino claimed that long before Jalosjos filed his certificate of candidacy, Jalosjos had already been
convicted by final judgment for robbery and sentenced to prisin mayor by the Regional Trial Court,
Branch 18 (RTC) of Cebu City, in Criminal Case No. CCC-XIV-140-CEBU. Cardino asserted that Jalosjos
has not yet served his sentence. Jalosjos admitted his conviction but stated that he had already been
granted probation. Cardino countered that the RTC revoked Jalosjos probation in an Order dated 19
March 1987. Jalosjos refuted Cardino and stated that the RTC issued an Order dated 5 February 2004
declaring that Jalosjos had duly complied with the order of probation. Jalosjos further stated that during
the 2004 elections the COMELEC denied a petition for disqualification filed against him on the same
grounds.4
The COMELEC En Banc narrated the circumstances of Jalosjos criminal record as follows:
As backgrounder, Jalosjos and three (3) others were accused of the crime of robbery on January 22,
1969 in Cebu City. On April 30, 1970, Judge Francisco Ro. Cupin of the then Circuit Criminal Court of
Cebu City found him and his co-accused guilty of robbery and sentenced them to suffer the penalty of
prision correccional minimum to prision mayor maximum. Jalosjos appealed this decision to the Court of
Appeals but his appeal was dismissed on August 9, 1973. It was only after a lapse of several years or
more specifically on June 17, 1985 that Jalosjos filed a Petition for Probation before the RTC Branch 18
of Cebu City which was granted by the court. But then, on motion filed by his Probation Officer, Jalosjos
probation was revoked by the RTC Cebu City on March 19, 1987 and the corresponding warrant for his
arrest was issued. Surprisingly, on December 19, 2003, Parole and Probation Administrator Gregorio F.
Bacolod issued a Certification attesting that respondent Jalosjos, Jr., had already fulfilled the terms and
conditions of his probation. This Certification was the one used by respondent Jalosjos to secure the
dismissal of the disqualification case filed against him by Adasa in 2004, docketed as SPA No. 04-235.
This prompted Cardino to call the attention of the Commission on the decision of the Sandiganbayan
dated September 29, 2008 finding Gregorio F. Bacolod, former Administrator of the Parole and Probation
Administration, guilty of violating Section 3(e) of R.A. 3019 for issuing a falsified Certification on
December 19, 2003 attesting to the fact that respondent Jalosjos had fully complied with the terms and
conditions of his probation. A portion of the decision of the Sandiganbayan is quoted hereunder:
The Court finds that the above acts of the accused gave probationer Dominador Jalosjos, Jr.,
unwarranted benefits and advantage because the subject certification, which was issued by the accused
without adequate or official support, was subsequently utilized by the said probationer as basis of the
Urgent Motion for Reconsideration and to Lift Warrant of Arrest that he filed with the Regional Trial Court
of Cebu City, which prompted the said court to issue the Order dated February 5, 2004 in Crim. Case No.
CCC-XIV-140-CEBU, declaring that said probationer has complied with the order of probation and setting
aside its Order of January 16, 2004 recalling the warrant or [sic] arrest; and that said Certification was
also used by the said probationer and became the basis for the Commission on Elections to deny in its
Resolution of August 2, 2004 the petition or [sic] private complainant James Adasa for the disqualification
of the probationer from running for re-election as Mayor of Dapitan City in the National and Local
Elections of 2004.5
The COMELECs Rulings
On 10 May 2010, the COMELEC First Division granted Cardinos petition and cancelled Jalosjos
certificate of candidacy. The COMELEC First Division concluded that "Jalosjos has indeed committed
material misrepresentation in his certificate of candidacy when he declared, under oath, that he is eligible
for the office he seeks to be elected to when in fact he is not by reason of a final judgment in a criminal
case, the sentence of which he has not yet served." 6 The COMELEC First Division found that Jalosjos
certificate of compliance of probation was fraudulently issued; thus, Jalosjos has not yet served his
sentence. The penalty imposed on Jalosjos was the indeterminate sentence of one year, eight months
and twenty days of prisin correccional as minimum, to four years, two months and one day of prisin
mayor as maximum. The COMELEC First Division ruled that Jalosjos "is not eligible by reason of his
disqualification as provided for in Section 40(a) of Republic Act No. 7160." 7
On 11 August 2010, the COMELEC En Banc denied Jalosjos motion for reconsideration. The pertinent
portions of the 11 August 2010 Resolution read:
With the proper revocation of Jalosjos earlier probation and a clear showing that he has not yet served
the terms of his sentence, there is simply no basis for Jalosjos to claim that his civil as well as political
rights have been violated. Having been convicted by final judgment,
Jalosjos is disqualified to run for an elective position or to hold public office. His proclamation as the
elected mayor in the May 10, 2010 election does not deprive the Commission of its authority to resolve
the present petition to its finality, and to oust him from the office he now wrongfully holds.
WHEREFORE, in view of the foregoing, the Motion for Reconsideration is denied for utter lack of merit.
Jalosjos is hereby OUSTED from office and ordered to CEASE and DESIST from occupying and
discharging the functions of the Office of the Mayor of Dapitan City, Zamboanga. Let the provisions of the
Local Government Code on succession apply.
SO ORDERED.8
Jalosjos filed his petition on 25 August 2010, docketed as G.R. No. 193237, while Cardino filed his
petition on 17 September 2010, docketed as G.R. No. 193536.
On 22 February 2011, this Court issued a Resolution dismissing G.R. No. 193237.
WHEREFORE, the foregoing premises considered, the Petition for Certiorari is DISMISSED. The assailed
Resolution dated May 10, 2010 and Resolution dated August 11, 2010 of the Commission on Elections in
SPA Case No. 09-076 (DC) are hereby AFFIRMED.9
Cardino filed a Manifestation on 17 March 2011 praying that this Court take judicial notice of its resolution
in G.R. No. 193237. Jalosjos filed a Motion for Reconsideration 10 on 22 March 2011. On 29 March 2011,
this Court resolved11 to consolidate G.R. No. 193536 with G.R. No. 193237.Jalosjos then filed a
Manifestation on 1 June 2012 which stated that "he has resigned from the position of Mayor of the City of
Dapitan effective 30 April 2012, which resignation was accepted by the Provincial Governor of
Zamboanga del Norte, Atty. Rolando E. Yebes."12Jalosjos resignation was made "in deference with the
provision of the Omnibus Election Code in relation to his candidacy as Provincial Governor of Zamboanga
del Sur in May 2013."13
These cases are not rendered moot by Jalosjos resignation. In resolving Jalosjos Motion for
Reconsideration in G.R. No. 193237 and Cardinos Petition in G.R. No. 193536, we address not only
Jalosjos eligibility to run for public office and the consequences of the cancellation of his certificate of
candidacy, but also COMELECs constitutional duty to enforce and administer all laws relating to the
conduct of elections.
The Issues
In G.R. No. 193237, Jalosjos argues that the COMELEC committed grave abuse of discretion amounting
to lack or excess of jurisdiction when it (1) ruled that Jalosjos probation was revoked; (2) ruled that
Jalosjos was disqualified to run as candidate for Mayor of Dapitan City, Zamboanga del Norte; and (3)
cancelled Jalosjos certificate of candidacy without making a finding that Jalosjos committed a deliberate
misrepresentation as to his qualifications, as Jalosjos relied in good faith upon a previous COMELEC
decision declaring him eligible for the same position from which he is now being ousted. Finally, the
Resolutions dated 10 May 2010 and 11 August 2010 were issued in violation of the COMELEC Rules of
Procedure.
In G.R. No. 193536, Cardino argues that the COMELEC acted with grave abuse of discretion amounting
to lack or excess of jurisdiction when it added to the dispositive portion of its 11 August 2010 Resolution
that the provisions of the Local Government Code on succession should apply.
This Courts Ruling
The perpetual special disqualification against Jalosjos arising from his criminal conviction by final
judgment is a material fact involving eligibility which is a proper ground for a petition under Section 78 of
the Omnibus Election Code. Jalosjos certificate of candidacy was void from the start since he was not
eligible to run for any public office at the time he filed his certificate of candidacy. Jalosjos was never a
candidate at any time, and all votes for Jalosjos were stray votes. As a result of Jalosjos certificate of
candidacy being void ab initio, Cardino, as the only qualified candidate, actually garnered the highest
number of votes for the position of Mayor.
The dissenting opinions affirm with modification the 10 May 2010 Resolution of the COMELEC First
Division and the 11 August 2010 Resolution of the COMELEC En Banc. The dissenting opinions
erroneously limit the remedy against Jalosjos to disqualification under Section 68 of the Omnibus Election
Code and apply the rule on succession under the Local Government Code.
A false statement in a certificate of candidacy that a candidate is eligible to run for public office is a false
material representation which is a ground for a petition under Section 78 of the same Code. Sections 74
and 78 read:
Sec. 74. Contents of certificate of candidacy. The certificate of candidacy shall state that the person
filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for
Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or
district or sector which he seeks to represent; the political party to which he belongs; civil status; his date
of birth; residence; his post office address for all election purposes; his profession or occupation; that he
will support and defend the Constitution of the Philippines and will maintain true faith and allegiance
thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted
authorities; that he is not a permanent resident or immigrant to a foreign country; that the obligation
imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that
the facts stated in the certificate of candidacy are true to the best of his knowledge.
Sec. 78. Petition to deny due course to or cancel a certificate of candidacy. A verified petition seeking to
deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the
ground that any material representation contained therein as required under Section 74 hereof is false.
The petition may be filed at any time not later than twenty-five days from the time of the filing of the
certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days
before the election. (Emphasis supplied)
Section 74 requires the candidate to state under oath in his certificate of candidacy "that he is eligible for
said office." A candidate is eligible if he has a right to run for the public office. 14 If a candidate is not
actually eligible because he is barred by final judgment in a criminal case from running for public office,
and he still states under oath in his certificate of candidacy that he is eligible to run for public office, then
the candidate clearly makes a false material representation that is a ground for a petition under Section
78.
A sentence of prisin mayor by final judgment is a ground for disqualification under Section 40 of the
Local Government Code and under Section 12 of the Omnibus Election Code. It is also a material fact
involving the eligibility of a candidate under Sections 74 and 78 of the Omnibus Election Code. Thus, a
person can file a petition under Section 40 of the Local Government Code or under either Section 12 or
Section 78 of the Omnibus Election Code. The pertinent provisions read:
Section 40, Local Government Code:
Sec. 40. Disqualifications. - The following persons are disqualified from running for any elective local
position:
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases here or abroad;
(f) Permanent residents in a foreign country or those who have acquired the right to reside abroad
and continue to avail of the same right after the effectivity of this Code; and
(g) The insane or feeble-minded.
Section 12, Omnibus Election Code:
Sec. 12. Disqualifications. Any person who has been declared by competent authority insane or
incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any
offense for which he was sentenced to a penalty of more than eighteen months or for a crime involving
moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has been given
plenary pardon or granted amnesty.
The disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by
competent authority that said insanity or incompetence had been removed or after the expiration of a
period of five years from his service of sentence, unless within the same period he again becomes
disqualified.
Section 68, Omnibus Election Code:
Sec. 68. Disqualifications. Any candidate who, in an action or protest in which he is a party is declared
by final decision by a competent court guilty of, or found by the Commission of having (a) given money or
other material consideration to influence, induce or corrupt the voters or public officials performing
electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election
campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any
contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85,
86 and 261, paragraphs d, e, k, v, and cc, sub-paragraph 6, shall be disqualified from continuing as a
candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of
or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code,
unless said person has waived his status as permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in the election laws.
Revised Penal Code:
Art. 27. Reclusion perpetua. x x x
Prisin mayor and temporary disqualification. The duration of the penalties of prisin mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case, it shall be that of the principal penalty.
xxxx
Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. The penalties of
perpetual or temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender may have held, even
if conferred by popular election.
2. The deprivation of the right to vote in any election for any popular elective office or to be
elected to such office.
3. The disqualification for the offices or public employments and for the exercise of any of the
rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3
of this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
Art. 31. Effects of the penalties of perpetual or temporary special disqualification. The penalties of
perpetual or temporary special disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling affected.
2. The disqualification for holding similar offices or employments either perpetually or during the
term of the sentence, according to the extent of such disqualification.
Art. 32. Effects of the penalties of perpetual or temporary special disqualification for the exercise of the
right of suffrage. The perpetual or temporary special disqualification for the exercise of the right of
suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature
of said penalty, of the right to vote in any popular election for any public office or to be elected to such
office. Moreover, the offender shall not be permitted to hold any public office during the period of his
disqualification.
Art. 42. Prisin mayor its accessory penalties. The penalty of prisin mayor shall carry with it that of
temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage
which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon. (Emphasis supplied)
The penalty of prisin mayor automatically carries with it, by operation of law,15 the accessory penalties of
temporary absolute disqualification and perpetual special disqualification. Under Article 30 of the Revised
Penal Code, temporary absolute disqualification produces the effect of "deprivation of the right to vote in
any election for any popular elective office or to be elected to such office." The duration of the temporary
absolute disqualification is the same as that of the principal penalty. On the other hand, under Article 32 of
the Revised Penal Code perpetual special disqualification means that "the offender shall not be permitted
to hold any public office during the period of his disqualification," which is perpetually. Both temporary
absolute disqualification and perpetual special disqualification constitute ineligibilities to hold elective
public office. A person suffering from these ineligibilities is ineligible to run for elective public office, and
commits a false material representation if he states in his certificate of candidacy that he is eligible to so
run.
In Lacuna v. Abes,16 the Court, speaking through Justice J.B.L. Reyes, explained the import of the
accessory penalty of perpetual special disqualification:
On the first defense of respondent-appellee Abes, it must be remembered that appellees conviction of a
crime penalized with prisin mayor which carried the accessory penalties of temporary absolute
disqualification and perpetual special disqualification from the right of suffrage (Article 42, Revised Penal
Code); and Section 99 of the Revised Election Code disqualifies a person from voting if he had been
sentenced by final judgment to suffer one year or more of imprisonment.
The accessory penalty of temporary absolute disqualification disqualifies the convict for public office and
for the right to vote, such disqualification to last only during the term of the sentence (Article 27,
paragraph 3, & Article 30, Revised Penal Code) that, in the case of Abes, would have expired on 13
October 1961.
But this does not hold true with respect to the other accessory penalty of perpetual special disqualification
for the exercise of the right of suffrage. This accessory penalty deprives the convict of the right to vote or
to be elected to or hold public office perpetually, as distinguished from temporary special disqualification,
which lasts during the term of the sentence. Article 32, Revised Penal Code, provides:
Art. 32. Effects of the penalties of perpetual or temporary special disqualification for the exercise of the
right of suffrage. The perpetual or temporary special disqualification for the exercise of the right of
suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature
of said penalty, of the right to vote in any popular election for any public office or to be elected to such
office. Moreover, the offender shall not be permitted to hold any public office during the period of
disqualification.
The word "perpetually" and the phrase "during the term of the sentence" should be applied distributively
to their respective antecedents; thus, the word "perpetually" refers to the perpetual kind of special
disqualification, while the phrase "during the term of the sentence" refers to the temporary special
disqualification. The duration between the perpetual and the temporary (both special) are necessarily
different because the provision, instead of merging their durations into one period, states that such
duration is "according to the nature of said penalty" which means according to whether the penalty is
the perpetual or the temporary special disqualification. (Emphasis supplied)
Clearly, Lacuna instructs that the accessory penalty of perpetual special disqualification "deprives the
convict of the right to vote or to be elected to or hold public office perpetually."
The accessory penalty of perpetual special disqualification takes effect immediately once the judgment of
conviction becomes final. The effectivity of this accessory penalty does not depend on the duration of the
principal penalty, or on whether the convict serves his jail sentence or not. The last sentence of Article 32
states that "the offender shall not be permitted to hold any public office during the period of his perpetual
special disqualification." Once the judgment of conviction becomes final, it is immediately executory. Any
public office that the convict may be holding at the time of his conviction becomes vacant upon finality of
the judgment, and the convict becomes ineligible to run for any elective public office perpetually. In the
case of Jalosjos, he became ineligible perpetually to hold, or to run for, any elective public office from the
time his judgment of conviction became final.
Perpetual special disqualification is a ground for a petition under Section 78 of the Omnibus Election
Code because this accessory penalty is an ineligibility, which means that the convict is not eligible to run
for public office, contrary to the statement that Section 74 requires him to state under oath. As used in
Section 74, the word "eligible" means having the right to run for elective public office, that is, having all the
qualifications and none of the ineligibilities to run for public office. As this Court held in Fermin v.
Commission on Elections,17 the false material representation may refer to "qualifications or eligibility." One
who suffers from perpetual special disqualification is ineligible to run for public office. If a person suffering
from perpetual special disqualification files a certificate of candidacy stating under oath that "he is eligible
to run for (public) office," as expressly required under Section 74, then he clearly makes a false material
representation that is a ground for a petition under Section 78. As this Court explained in Fermin:
Lest it be misunderstood, the denial of due course to or the cancellation of the CoC is not based on the
lack of qualifications but on a finding that the candidate made a material representation that is false,
which may relate to the qualifications required of the public office he/she is running for. It is noted that the
candidate states in his/her CoC that he/she is eligible for the office he/she seeks. Section 78 of the OEC,
therefore, is to be read in relation to the constitutional and statutory provisions on qualifications or
eligibility for public office. If the candidate subsequently states a material representation in the CoC that is
false, the COMELEC, following the law, is empowered to deny due course to or cancel such certificate.
Indeed, the Court has already likened a proceeding under Section 78 to a quo warranto proceeding under
Section 253 of the OEC since they both deal with the eligibility or qualification of a candidate, with the
distinction mainly in the fact that a "Section 78" petition is filed before proclamation, while a petition for
quo warranto is filed after proclamation of the winning candidate. 18 (Emphasis supplied)
Conviction for robbery by final judgment with the penalty of prisin mayor, to which perpetual special
disqualification attaches by operation of law, is not a ground for a petition under Section 68 because
robbery is not one of the offenses enumerated in Section 68. Insofar as crimes are concerned, Section 68
refers only to election offenses under the Omnibus Election Code and not to crimes under the Revised
Penal Code. For ready reference, we quote again Section 68 of the Omnibus Election Code:
Sec. 68. Disqualifications. Any candidate who, in an action or protest in which he is a party is declared
by final decision by a competent court guilty of, or found by the Commission of having (a) given money or
other material consideration to influence, induce or corrupt the voters or public officials performing
electoral functions;
(b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in
excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under
Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e,
k, v, and cc, sub-paragraph 6, shall be disqualified from continuing as a candidate, or if he has been
elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign
country shall not be qualified to run for any elective office under this Code, unless said person has waived
his status as permanent resident or immigrant of a foreign country in accordance with the residence
requirement provided for in the election laws. (Emphasis supplied)
There is absolutely nothing in the language of Section 68 that will justify including the crime of robbery as
one of the offenses enumerated in this Section. All the offenses enumerated in Section 68 refer to
offenses under the Omnibus Election Code. The dissenting opinion of Justice Reyes gravely errs when it
holds that Jalosjos conviction for the crime of robbery under the Revised Penal Code is a ground for "a
petition for disqualification under Section 68 of the OEC and not for cancellation of COC under Section 78
thereof." This Court has already ruled that offenses punished in laws other than in the Omnibus Election
Code cannot be a ground for a petition under Section 68. In Codilla, Sr. v. de Venecia, 19 the Court
declared:
The jurisdiction of the COMELEC to disqualify candidates is limited to those enumerated in Section 68 of
the Omnibus Election Code. All other election offenses are beyond the ambit of COMELEC
jurisdiction.They are criminal and not administrative in nature. (Emphasis supplied)
A candidate for mayor during the 2010 local elections certifies under oath four statements: (1) a statement
that the candidate is a natural born or naturalized Filipino citizen; (2) a statement that the candidate is not
a permanent resident of, or immigrant to, a foreign country; (3) a statement that the candidate is eligible
for the office he seeks election; and (4) a statement of the candidates allegiance to the Constitution of the
Republic of the Philippines.20
We now ask: Did Jalosjos make a false statement of a material fact in his certificate of candidacy when he
stated under oath that he was eligible to run for mayor? The COMELEC and the dissenting opinions all
found that Jalosjos was not eligible to run for public office. The COMELEC concluded that Jalosjos made
a false material representation that is a ground for a petition under Section 78. The dissenting opinion of
Justice Reyes, however, concluded that the ineligibility of Jalosjos is a disqualification which is a ground
for a petition under Section 68 and not under Section 78. The dissenting opinion of Justice Brion
concluded that the ineligibility of Jalosjos is a disqualification that is not a ground under Section 78
without, however, saying under what specific provision of law a petition against Jalosjos can be filed to
cancel his certificate of candidacy.
What is indisputably clear is that the false material representation of Jalosjos is a ground for a petition
under Section 78. However, since the false material representation arises from a crime penalized by
prisin mayor, a petition under Section 12 of the Omnibus Election Code or Section 40 of the Local
Government Code can also be properly filed. The petitioner has a choice whether to anchor his petition
on Section 12 or Section 78 of the Omnibus Election Code, or on Section 40 of the Local Government
Code. The law expressly provides multiple remedies and the choice of which remedy to adopt belongs to
the petitioner.
The COMELEC properly cancelled Jalosjos certificate of candidacy. A void certificate of candidacy on the
ground of ineligibility that existed at the time of the filing of the certificate of candidacy can never give rise
to a valid candidacy, and much less to valid votes. 21 Jalosjos certificate of candidacy was cancelled
because he was ineligible from the start to run for Mayor. Whether his certificate of candidacy is cancelled
before or after the elections is immaterial because the cancellation on such ground means he was never
a valid candidate from the very beginning, his certificate of candidacy being void ab initio. Jalosjos
ineligibility existed on the day he filed his certificate of candidacy, and the cancellation of his certificate of
candidacy retroacted to the day he filed it. Thus, Cardino ran unopposed. There was only one qualified
candidate for Mayor in the May 2010 elections Cardino who received the highest number of votes.
Decisions of this Court holding that the second-placer cannot be proclaimed winner if the first-placer is
disqualified or declared ineligible22 should be limited to situations where the certificate of candidacy of the
first-placer was valid at the time of filing but subsequently had to be cancelled because of a violation of
law that took place, or a legal impediment that took effect, after the filing of the certificate of candidacy. If
the certificate of candidacy is void ab initio, then legally the person who filed such void certificate of
candidacy was never a candidate in the elections at any time. All votes for such non-candidate are stray
votes and should not be counted. Thus, such non-candidate can never be a first-placer in the elections. If
a certificate of candidacy void ab initio is cancelled on the day, or before the day, of the election,
prevailing jurisprudence holds that all votes for that candidate are stray votes. 23 If a certificate of
candidacy void ab initio is cancelled one day or more after the elections, all votes for such candidate
should also be stray votes because the certificate of candidacy is void from the very beginning. This is the
more equitable and logical approach on the effect of the cancellation of a certificate of candidacy that is
void ab initio. Otherwise, a certificate of candidacy void ab initio can operate to defeat one or more valid
certificates of candidacy for the same position.
Even without a petition under either Section 12 or Section 78 of the Omnibus Election Code, or under
Section 40 of the Local Government Code, the COMELEC is under a legal duty to cancel the certificate of
candidacy of anyone suffering from the accessory penalty of perpetual special disqualification to run for
public office by virtue of a final judgment of conviction. The final judgment of conviction is notice to the
COMELEC of the disqualification of the convict from running for public office. The law itself bars the
convict from running for public office, and the disqualification is part of the final judgment of conviction.
The final judgment of the court is addressed not only to the Executive branch, but also to other
government agencies tasked to implement the final judgment under the law.
Whether or not the COMELEC is expressly mentioned in the judgment to implement the disqualification, it
is assumed that the portion of the final judgment on disqualification to run for elective public office is
addressed to the COMELEC because under the Constitution the COMELEC is duty bound to "enforce
and administer all laws and regulations relative to the conduct of an election." 24 The disqualification of a
convict to run for public office under the Revised Penal Code, as affirmed by final judgment of a
competent court, is part of the enforcement and administration of "all laws" relating to the conduct of
elections.
To allow the COMELEC to wait for a person to file a petition to cancel the certificate of candidacy of one
suffering from perpetual special disqualification will result in the anomaly that these cases so grotesquely
exemplify. Despite a prior perpetual special disqualification, Jalosjos was elected and served twice as
mayor. The COMELEC will be grossly remiss in its constitutional duty to "enforce and administer all laws"
relating to the conduct of elections if it does not motu proprio bar from running for public office those
suffering from perpetual special disqualification by virtue of a final judgment.
WHEREFORE, the Motion for Reconsideration in G.R. No. 193237 is DENIED, and the Petition in G.R.
No. 193536 is GRANTED. The Resolutions dated 10 May 2010 and 11 August 2010 of the COMELEC
First Division and the COMELEC En Bane, respectively, in SPA No. 09-076 (DC), are AFFIRMED with the
MODIFICATION that Agapito J. Cardino ran unopposed in the May 2010 elections and thus received the
highest number of votes for Mayor. The COMELEC En Bane is DIRECTED to constitute a Special City
Board of Canvassers to proclaim Agapito J. Cardino as the duly elected Mayor of Dapitan City,
Zamboanga del Norte.
Let copies of this Decision be furnished the Secretaries of the Department of Justice and the Department
of Interior and Local Government so they can cause the arrest of, and enforce the jail sentence on,
Dominador G. Jalosjos, Jr. due to his conviction for the crime of robbery in a final judgment issued by the
Regional Trial Court (Branch 18) of Cebu City in Criminal Case No. CCC-XIV-140-CEBU.
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It is inevitable under these guidelines and the precedents applying them that Jalosjos has met the
residency requirement for provincial governor of Zamboanga Sibugay.
One. The COMELEC appears hasty in concluding that Jalosjos failed to prove that he successfully
changed his domicile to Zamboanga Sibugay. The COMELEC points out that, since he was unable to
discharge the burden of proving Zamboanga Sibugay to be his rightful domicile, it must be assumed that
his domicile is either Quezon City or Australia.
But it is clear from the facts that Quezon City was Jalosjos domicile of origin, the place of his birth. It may
be taken for granted that he effectively changed his domicile from Quezon City to Australia when he
migrated there at the age of eight, acquired Australian citizenship, and lived in that country for 26 years.
Australia became his domicile by operation of law and by choice. 14
On the other hand, when he came to the Philippines in November 2008 to live with his brother in
Zamboanga Sibugay, it is evident that Jalosjos did so with intent to change his domicile for good. He left
Australia, gave up his Australian citizenship, and renounced his allegiance to that country. In addition, he
reacquired his old citizenship by taking an oath of allegiance to the Republic of the Philippines, resulting
in his being issued a Certificate of Reacquisition of Philippine Citizenship by the Bureau of Immigration.
By his acts, Jalosjos forfeited his legal right to live in Australia, clearly proving that he gave up his domicile
there. And he has since lived nowhere else except in Ipil, Zamboanga Sibugay.
To hold that Jalosjos has not establish a new domicile in Zamboanga Sibugay despite the loss of his
domicile of origin (Quezon City) and his domicile of choice and by operation of law (Australia) would
violate the settled maxim that a man must have a domicile or residence somewhere.
Two. The COMELEC concluded that Jalosjos has not come to settle his domicile in Ipil since he has
merely been staying at his brothers house. But this circumstance alone cannot support such conclusion.
Indeed, the Court has repeatedly held that a candidate is not required to have a house in a community to
establish his residence or domicile in a particular place. It is sufficient that he should live there even if it be
in a rented house or in the house of a friend or relative. 15 To insist that the candidate own the house
where he lives would make property a qualification for public office. What matters is that Jalosjos has
proved two things: actual physical presence in Ipil and an intention of making it his domicile.
Jalosjos presented the affidavits of next-door neighbors, attesting to his physical presence at his
residence in Ipil. These adjoining neighbors are no doubt more credible since they have a better chance
of noting his presence or absence than his other neighbors, whose affidavits Erasmo presented, who just
sporadically passed by the subject residence. Further, it is not disputed that Jalosjos bought a residential
lot in the same village where he lived and a fish pond in San Isidro, Naga, Zamboanga Sibugay. He
showed correspondences with political leaders, including local and national party-mates, from where he
lived. Moreover, Jalosjos is a registered voter of Ipil by final judgment of the Regional Trial Court of
Zamboanga Sibugay.1wphi1
Three. While the Court ordinarily respects the factual findings of administrative bodies like the COMELEC,
this does not prevent it from exercising its review powers to correct palpable misappreciation of evidence
or wrong or irrelevant considerations.16 The evidence Jalosjos presented is sufficient to establish Ipil,
Zamboanga Sibugay, as his domicile. The COMELEC gravely abused its discretion in holding otherwise.
Four. Jalosjos won and was proclaimed winner in the 2010 gubernatorial race for Zamboanga Sibugay.
The Court will respect the decision of the people of that province and resolve all doubts regarding his
qualification in his favor to breathe life to their manifest will.
WHEREFORE, the Court GRANTS the petition and SETS ASIDE the Resolution of the COMELEC
Second Division dated February 11, 2010 and the Resolution of the COMELEC En Banc dated May 4,
2010 that disqualified petitioner Rommel Jalosjos from seeking election as Governor of Zamboanga
Sibugay.
CASE NO. 1: The petitioner, Alfredo Guieb and the private respondent,
Manuel Asuncion, were candidates for the position of Punong Barangay of
Barangay Nilombot, Sta. Barbara, Pangasinan, in the barangay election of
9 May 1994. After the canvass of votes in the said barangay, the former
was proclaimed as the winning candidate. The latter then seasonably filed
an election protest with the Municipal Trial Court (MTC) of Sta. Barbara,
Pangasinan.
On 27 May 1994, the MTC, per Judge Lilia C. Espaol, rendered a
decision confirming the proclamation of the petitioner and dismissing the
protest of the private respondent.
The private respondent appealed the decision to the Regional Trial Court
(RTC) of Dagupan City. The case was assigned to Branch 42 thereof.
In its decision of 31 August 1994, the RTC, per respondent Judge
Luis M. Fontanilla, reversed the decision of the MTC, annulled the
proclamation of the petitioner, and declared the private respondent as the
winning candidate with a plurality of four votes over the petitioner.
After the petitioner's motion for reconsideration of the decision was denied
on 25 November 1994, the private respondent immediately filed a motion
for the issuance of a writ of execution.
In its order of 8 December 1994, 5 the RTC declared that the motion should
be properly filed with the court of origin and that the decision of 31 August
1994 had already become final; it then ordered the remand of the records
of the case to the MTC of Sta. Barbara, Pangasinan, for proper disposition.
On 12 December 1994, the petitioner filed with this Court a motion for
extension of time to file a petition for review on certiorari. On 29 December
1994, he sent by registered mail his petition, which this Court received only
on 25 January 1995. It turned out, however, that his motion for extension of
time to file a petition had already been denied on 4 January 1995 for his
failure to submit an affidavit of service of that motion. On 8 February 1995,
he filed a motion for the reconsideration of the denial.
Meanwhile, on 20 December 1994, the private respondent filed with
the MTC a motion for the issuance of a writ of execution. 6
In its order of 19 January 1995, the MTC deferred action on the said
motion and required the petitioner's counsel to inform the court of the status
of his petition with this Court. For failure of the petitioner's counsel to
comply with the said order, the court issued an order on 7 February
1995 granting the issuance of a writ of execution. On 13 February 1995,
however, the court received the said counsel's Compliance dated 9
February 1995 9 wherein he informed the court of the petitioner's motion to
reconsider this Court's resolution denying the motion for extension of time
to file his petition.
In the resolution of 8 February 1995, this Court required the
respondent to comment on the petition.
On 16 February 1995, the petitioner filed with the MTC an Urgent Motion to
Stay and/or Suspend Execution. This motion was, however, denied on the
ground that the writ, having been hand-carried by the private respondent to
the office of the sheriff, must have already been implemented and,
therefore, the motion to stay or suspend the same has become moot and
academic.
On 20 March 1995, the sheriff returned the writ of execution with the
information that in the presence of a barangay kagawad and barangay
residents, he enforced the writ and proclaimed the private respondent as
Punong Barangay of Barangay Nilombot, Sta. Barbara, Pangasinan.
QUESTION 1.On the basis of the above facts, who should be the rightful
punong barangay of Nilombot? Support your answer.
QUESTION: Which Court, MTC or RTC has jurisdiction over the said
offenses? Explain your ANSWER.
CASE NO. 3: Facts: After the results of the May 8, 1995 elections were
canvassed in 73 precincts in the Municipality of Matnog, Province of
Sorsogon, petitioner Gerry B. Garay, a candidate for vice-mayor, was
credited with 5,411 votes and private respondent Jaime Gata, Jr., his rival,
5,391 or a margin of twenty (20) votes in favor of petitioner. The said
results, however, excluded the votes from precinct 30-A of Barangay
Culasi, Matnog, where armed men forcibly took the ballot box together with
the election returns, other election papers, documents and/or
paraphernalia.
Because the votes in precinct 30-A would obviously affect the standing of
the said candidates, the Municipal Board of Canvassers (MBC) did not
proclaim the winner. Failing to convince said Board to proclaim him by
virtue of a certificate of votes issued by the Board of Election Inspectors
(BEI) showing he garnered 116 votes against 68 votes for Garay in said
precinct, respondent Gata brought the matter to the respondent
Commission. In his appeal, 3 respondent Gata included a copy of the Tally
Board, duly authenticated by the BEI, showing the same count as the
Certificate of Votes: that is, Gata 116 votes and Garay 68 votes. If these
were added to the already canvassed votes, Gata would win by a 28-vote
margin.
In the meantime, while the said appeal was pending, respondent
COMELEC upon recommendation of Comm. Julio Desamito conducted a
special election in precinct 30-A, 4 on the ground of failure of election due
to the loss of the ballot box and the election documents. Both petitioner
Garay and respondent Gata actively participated in the election which was
held on June 7, 1995. Petitioner won handily in the said election and was
thereafter proclaimed Vice-Mayor of Matnog.
The Comelec First Division denied due course to the appeal because
of appellant's (Gata) failure "to furnish the Commission all pertinent
documents necessary for the latter to rule on the matter." Respondent
Gata's motion for reconsideration of this Comelec action is still pending
before the Comelec First Division. Subsequently, the COMELEC En Banc
issued a Resolution promulgated on August 7, 1995 annulling the special
election and directing the MBC to reconvene and to include "in the
canvass, the votes reflected on the Tally Board submitted by the Board of
Election Inspectors . . . ." As a result, respondent Gata was declared
winner. The Commissioner En Banc said that it was "convinced without
taint of any doubt that the votes shown in the tally board and certificate of
votes reflect the true and genuine will of the electorate. . . ."
QUESTION: 1.Discuss whether the COMELEC EN BANC is correct in its
action.
Based on the foregoing, the clear intent of the law is that a petition of this
nature must be acted upon with dispatch only after hearing thereon shall
have been conducted. Since COMELEC denied the other petitions 20
which sought to include forty-three (43) more precincts in a special election
without conducting any hearing, it would appear then that there indeed
might have been grave abuse of discretion in denying the petitions.
However, a closer examination of the COMELEC Rules of Procedure,
particularly Sec. 2, Rule 26, thereof which was lifted from Sec. 6, B.P. 881,
otherwise known as the Omnibus Election Code of the Philippines,
indicates otherwise. It reads
Indeed, the fact that a verified petition is filed does not automatically mean
that a hearing on the case will be held before COMELEC will act on it. The
verified petition must still show on its face that the conditions to declare a
failure to elect are present. In the absence thereof, the petition must be
denied outright.
Considering that there is no concurrence of the two (2) conditions in the
petitions seeking to declare failure of election in forty-three (43) more,
precincts, there is no more need to receive evidence on alleged election
irregularities.
Instead, the question of whether there have been terrorism and other
irregularities is better ventilated in an election contest. These irregularities
may not as a rule be invoked to declare a failure of election and to
disenfranchise the electorate through the misdeeds of a relative few. 24
Otherwise, elections will never be carried out with the resultant
disenfranchisement of innocent voters as losers will always cry fraud and
terrorism.
There can be failure of election in a political unit only if the will of the
majority has been defiled and cannot be ascertained. But, if it can be
determined, it must be accorded respect. After all, there is no provision in
our election laws which requires that a majority of registered voters must
cast their votes. All the law requires is that a winning candidate must be
elected by a plurality of valid votes, regardless of the actual number of
ballots cast. 25 Thus, even if less than 25% of the electorate in the
questioned precincts cast their votes, the same must still be respected.
There is prima facie showing that private respondent was elected through a
plurality of valid votes of a valid constituency. MOHAMAD L. MITMUG vs.
COMMISSION ON ELECTIONS, ET AL. (G.R. No. 106270-73 February
10, 1994)
CASE No. 6: Facts: "It appears that Cong. Pedro P. Romualdo and Gov.
Antonio R. Gallardo were both candidates in the May 11, 1992 elections for
the positions of congressmen and governor, respectively, of Camiguin.
They belonged to opposing political factions and were in a bitter electoral
battle.
"On April 10, 1992 or about a month before the elections, Cong.
Romualdo filed a petition docketed as Special Civil Action No. 465 before
the Regional Trial Court of Camiguin (Br. 28) presided over by respondent
Judge Tabamo against Gov. Gallardo, the Provincial Treasurer, the
Provincial Auditor, the Provincial Engineer, and the Provincial Budget
Officer as respondents. In this petition Cong. Romualdo sought to prohibit
and restrain the respondents from undertaking and/or pursuing certain
public works projects and from disbursing, releasing, and/or spending
public funds for said projects, allegedly because, among other reasons,
said projects were undertaken in violation of the 45-day ban on public
works imposed by the Omnibus Election Code (B.P. Blg. 881); that the
public works projects were commenced without the approved detailed
engineering plans and specification and corresponding program of works;
that the expenditures of the 20% development fund for projects other than
for maintenance violated the Local Government Code; that locally funded
projects had been pursued without the provincial budget having been first
approved, and reviewed by the Department of Budget and Management;
and that the illegal prosecution of the said public works projects requiring
massive outlay or public funds during the election period was done
maliciously and intentionally to corrupt voters and induce them to support
the candidacy of Gov. Gallardo and his ticket in the May 11, 1992 elections.
"In the afternoon of the same day that the petition was filed, Judge
Tabamo issued a temporary restraining order as prayed for by the petitioner
Cong. Romualdo, as follows:
'It appearing from the verified petition in this case that great and
irreparable damage and/or injury shall be caused to the petitioner as
candidate and taxpayer, such damage or injury taking the form and shape
occasioned by the alleged wanton, excessive, abusive and flagrant waste
of public money, before the matter can be heard on notice, the respondents
are hereby Temporarily Restrained from pursuing or prosecuting the project
itemized in Annexes 'A' and 'A-1' of the petition; from releasing, disbursing
and/or spending any public funds for such projects; from issuing, using or
availing of treasury warrants or any device undertaking future delivery of
money, goods, or other things of value chargeable against public funds in
connection with the said projects.'
"In the same Order of April 10, 1993 the judge gave the respondents
ten (10) days from receipt of a copy of the petition to answer the same, and
set the prayer for the issuance of a preliminary injunction for hearing on
April 24, 1992 at 8:30 A.M.
"Gov. Gallardo testified that when he received a copy of the
restraining order and reviewed the petition filed, being a lawyer, he at once
saw that the same was not within the jurisdiction of the Regional Trial
Court. He said that the elections were nearing and all their projects were
suspended, the laborers could not get their salaries, and the judge had set
the hearing of the injunction on April 24, 1992 or very close to the elections
of May 11, 1992. Believing that he could not get justice from the respondent
court, he decided to go to the Supreme Court where he filed a petition for
certiorari (docketed as G.R. No. L-104848) questioning the issuance of the
temporary restraining order and the jurisdiction of the court over Special
Civil Action No. 465.
QUESTION: 1. From your point of view, was the Judge correct in
taking cognizance of the case and was his act of issuing the Temporary
Restraining Order correct under the circumstances? Or would you agree
with Gov. Gallardo that the RTC has no jurisdiction over the case? Reason
out your answer.
Under the present law, however, except in case of urgent need, the
appointment or hiring of new employees or the creation or filling up of new
positions in any government office, agency or instrumentality, whether
national or local, including government-owned or controlled corporations, is
banned during the period of forty-five (45) days before a regular election
and thirty (30) days before a special election if made without the prior
authority of the Commission on Elections. A violation thereof constitutes an
election offense. 21 Then too, no less than the present Constitution and
not just the Election Law as was the case at the time of Zaldivar expressly
provides that the Commission may "[R]ecommend to the President the
removal of any officer or employee it has deputized, or the imposition of
any other disciplinary action, for violation or disregard of, or disobedience
to its directive, order, or decision." 22
The question may be asked: Why should not the judiciary be aco-
participant in this particular instance of enforcing the Election Code as its
authority was invoked? The obvious answer is the literal language of the
Constitution which empowers the Commission on Elections to "have
exclusive charge of the enforcement and administration of all laws relative
to the conduct of the elections." Moreover, as was so aptly observed by the
then Justice Frankfurter, although the situation confronting the United
States Supreme Court was of a different character: "Nothing is clearer than
that this controversy concerns matters that brings courts into immediate
and active relations with party contests. From the determination of such
issues this Court has traditionally held aloof. It is hostile to a democratic
system to involve the judiciary in the politics of the people. And it is not less
pernicious if such judicial intervention in an essentially political contest be
dressed up in the abstract phrases of the law." 24 Then, too, reference by
analogy may be made to the principle that sustains Albano v. Arranz. For
even without the express constitutional prescription that only this Court may
review the decisions, orders and rulings of the Commission on Elections, it
is easy to understand why no inference whatsoever with the performance
of the Commission on Elections of its functions should be allowed unless
emanating from this Court. The observation of Acting Chief Justice J.B.L.
Reyes in Albano v. Arranz, 25 while not precisely in point, indicates the
proper approach. Thus: "It is easy to realize the chaos that would ensue if
the Court of First Instance of each and every province were to arrogate
unto itself the power to disregard, suspend, or contradict any order of the
Commission on Elections; that constitutional body would be speedily
reduced to impotence."
CASE NO. 7. Facts:This petition for certiorari under Rule 65 of the 1997
Rules of Civil Procedure seeks to annul and set aside, for having been
rendered with grave abuse of discretion amounting to lack or excess of
jurisdiction, the 17 May 1996 Resolution of the COMELEC 2nd Division in
Sunga v. Trinidad, SPA No. 95-213 1 dismissing the petition for
disqualification against private respondent Ferdinand B. Trinidad pursuant
to COMELEC Resolution No. 2050 promulgated 3 November 1988, as
amended by COMELEC Resolution No. 2050-A promulgated 8 August
1990, and 30 July 1996 Resolution of the COMELEC En Banc affirming the
17 May 1996 Resolution of the COMELEC 2nd Division.
Petitioner Manuel C. Sunga was one of the candidates for the position of
Mayor in the Municipality of Iguig, Province of Cagayan, in the 8 May 1995
elections. Private respondent Ferdinand B. Trinidad, then incumbent mayor,
was a candidate for re-election in the same municipality.
On 22 April 1995 Sunga filed with the COMELEC a letter-complaint 2
for disqualification against Trinidad, accusing him of using three (3) local
government vehicles in his campaign, in violation of Sec. 261, par. (o), Art.
XXII, of BP Blg. 881 (Omnibus Election Code, as amended). On 7 May
1995, Sunga filed another letter-complaint 3 with the COMELEC charging
Trinidad this time with violation of Sec. 261, par. (e) (referring to threats,
intimidation, terrorism or other forms of coercion) of the Omnibus Election
Code, in addition to the earlier violation imputed to him in the first letter-
complaint. This was followed by an Amended Petition 4 for disqualification
consolidating the charges in the two (2) letters-complaint, including vote
buying, and providing more specific details of the violations committed by
Trinidad. The case was docketed as SPA No. 95-213.
In a Minute Resolution dated 25 May 1995, 5 the COMELEC 2nd
Division referred the complaint to its Law Department for investigation.
Hearings were held wherein Sunga adduced evidence to prove his
accusations. Trinidad, on the other hand, opted not to submit any evidence
at all.
Meanwhile, the election results showed that Trinidad garnered the
highest number of votes, while Sunga trailed second.
On 10 May 1995 Sunga moved for the suspension of the
proclamation of Trinidad. However, notwithstanding the motion, Trinidad
was proclaimed the elected mayor, prompting Sunga to file another motion
to suspend the effects of the proclamation. Both motions were not acted
upon by the COMELEC 2nd Division.
On 28 June 1995 the COMELEC Law Department submitted its
Report to the COMELEC En Banc recommending that Trinidad be charged
in court for violation of the following penal provisions of the Omnibus
Election Code: (a) Sec. 261, par. (a), on vote buying; (b) Sec. 261, par. (e),
on threats, intimidation, terrorism or other forms of coercion; and, (c) Sec.
261, par. (o), on use of any equipment, vehicle owned by the government
or any of its political subdivisions. The Law Department likewise
recommended to recall and revoke the proclamation of Ferdinand B.
Trinidad as the duly elected Mayor of Iguig, Cagayan; proclaim Manuel C.
Sunga as the duly elected Mayor; and, direct Sunga to take his oath and
assume the duties and functions of the office.
The COMELEC En Banc approved the findings of the Law
Department and directed the filing of the corresponding informations in the
Regional Trial Court against Trinidad. Accordingly, four (4) informations 7
for various elections offenses were filed in the Regional Trial Court of
Tuguegarao, Cagayan. The disqualification case, on the other hand, was
referred to the COMELEC 2nd Division for hearing.
On 2 May 1996 Sunga filed a Second Urgent Motion to Suspend the
Effects and Annul the Proclamation with Urgent Motion for Early Resolution
of the Petition. But in its 17 May 1996 Resolution, the COMELEC 2nd
Division dismissed the petition for disqualification, holding in its Resolution
No. 2050 that
1. Any complaint for disqualification of a duly registered
candidate based upon any of the grounds specifically enumerated under
Sec. 68 of the Omnibus Election Code, filed directly with the Commission
before an election in which respondent is a candidate, shall be inquired into
by the Commission for the purpose of determining whether the acts
complained of have in fact been committed . . . .
In case such complaint was not resolved before the election, the
Commission may motu propio, or on motion of any of the parties, refer the
complaint to the Law Department of the Commission as the instrument of
the latter in the exercise of its exclusive power to conduct a preliminary
investigation of all cases involving criminal infractions of the electionlaws . .
..
2. Any complaint for disqualification based on Sec. 68 of the
Omnibus Election Code in relation to Sec. 6 of Republic Act No. 6646 filed
after the election against a candidate who has already been proclaimed as
a winner shall be dismissed as a disqualification case. However, the
complaint shall be referred for preliminary investigation to the Law
Department of this Commission.
Where a similar complaint is filed after election but before
proclamation of the respondent candidate, the complaint shall,
nevertheless, be dismissed as a disqualification case. However, the
complaint shall be referred for preliminary investigation to the Law
Department. If, before proclamation, the Law Department makes a prima
facie finding of guilt and the corresponding information has been filed with
the appropriate trial court, the complainant may file a petition for
suspension of the proclamation of the respondent with the court before
which the criminal case is pending and said court may order the
suspension of the proclamation if the evidence of guilt is strong.
As interpreted in the case of Silvestre v. Duavit, SPA 94-003,
Resolution No. 2050 provides for the outright dismissal of the
disqualification case in three cases: (1) The disqualification case was filed
before the election but remains unresolved until after the election; (2) The
disqualification case was filed after the election and before the
proclamation of winners; and (3) The disqualification case was filed after
election and after proclamation.
If the instant case is deemed to have been filed upon receipt by the
COMELEC of the letter-complaint on April 26 1995, it nevertheless
remained pending until after the election. If it is deemed to have been filed
upon filing of the amended petition on 11 May 1995, it was clearly filed after
the election. In either case, Resolution No. 2050 mandates the dismissal of
the disqualification case.
His motion for reconsideration having been denied by the COMELEC
En Banc, Sunga filed the instant petition contending that the COMELEC
committed grave abuse of discretion in dismissing the petition for
disqualification in that: first, Sec. 6 of RA No. 6646 requires the COMELEC
to resolve the disqualification case even after the election and
proclamation, and the proclamation and assumption of office by Trinidad
did not deprive the COMELEC of its jurisdiction; second COMELEC
Resolution No. 2050 is null and void as it contravenes Sec. 6 of R.A. No.
6646; third, the fact that COMELEC authorized the filing of four (4)
informations against private respondent for violation of the penal provisions
of the Omnibus Election Code shows more than sufficient and substantial
evidence to disqualify Trinidad, and he should have been so disqualified;
and fourth, since Trinidad was a disqualified candidate, it is as if petitioner
was the only candidate entitled to be proclaimed as the duly elected mayor.
Private respondent, on the other hand, postulates inter alia that
Sunga's letters-complaint of 22 April 1995 and 7 May 1995 were not
petitions for disqualification because no filing fee was paid by Sunga; the
letters-complaint were never docketed by the COMELEC; and, no
summons was ever issued by the COMELEC and private respondent was
not required to answer the letters-complaint. It was only on 13 May 1995
when petitioner filed the so-called Amended Petition, docketed for the first
time as SPA No. 95-213. Thus, the COMELEC correctly dismissed the
disqualification case for having been filed only after the 8 May 1995
elections and the proclamation of private respondent on 10 May 1995,
pursuant to COMELEC Resolution No. 2050.
COMELEC filed its Comment on 21 April 1997 relying heavily on
Resolution No. 2050 and the Silvestre v. Duavit ruling in support of the
dismissal of the disqualification case. The COMELEC insisted that the
outright dismissal of a disqualification case was warranted under any of the
following circumstances: (a) the disqualification case was filed before the
election but was still pending (unresolved) after the election; (b) the
disqualification case was filed after the election but before the proclamation
of the winner; and, (c) the disqualification case was filed after the election
and after the proclamation of the winner.
QUESTIONS: 1.The issue in this case is whether the COMELEC
committed grave abuse of discretion when it dismissed the disqualification
case against private respondent Trinidad.On the basis of the facts, didthe
COMELEC commit grave abuse of discretion?
2.Trinidad further avers that the COMELEC was
correct in summarily dismissing the disqualification case because the
docket fees were not duly paid. Is the contention correct?
3.Sunga claims that, in the event of Trinidads
disqualification, he should be proclaimed as mayor? Is he correct?
4.In this case who should be the rightful mayor?
Explain.
Two (2) days after or on 11 May 1995 the same Municipal Board of
Canvassers requested the COMELEC for correction of the number of votes
garnered by petitioner who was earlier proclaimed as the fifth winning
candidate for councilor. The letter-request was signed by Rudolph Melon
and Norma Abril as Vice Chairman and Secretary, respectively. The letter
reads :
On 16 May 1995 the COMELEC set the case for hearing. Summonses with
notices of hearing were sent to petitioner Atty. Rosauro I. Torres and private
respondent Vicente Rafael A. de Peralta requiring them to file their
respective answers to the letter of the Municipal Board of Canvassers.
Petitioner filed his answer alleging that the subject matter of the letter-petition of
the Municipal Board of Canvassers, which was the correction of votes
garnered by him, properly falls within the jurisdiction of the Regional Trial
Court pursuant to Sec. 251 of the Omnibus Election Code. On the other
hand, private respondent argued for the annulment of the proclamation of
petitioner and prayed for his (private respondent) proclamation as the
winning candidate.
Petitioner came up to this Court alleging that public respondent COMELEC acted
without or in excess of its jurisdiction in granting the request of the
Municipal Board of Canvassers to correct the votes garnered by petitioner
and in ordering the proclamation of private respondent as the eighth
winning candidate thereby ousting petitioner from the new list of winners.
Petitioner also argues that the Municipal Board of Canvassers had no legal
personality to file the action motu proprio before the Comelec for correction;
that corrections are allowed only when there has been no proclamation yet,
citing Respicio v. Cusi; and finally, that once the Municipal Board of
Canvassers has declared and proclaimed the winners in an election its
functions are finished and its existence is terminated.
The Office of the Solicitor General submits that respondent COMELEC acted
beyond the limits of its power and authority when it ordered the Municipal
Board of Canvassers to reconvene and correct its alleged mistake in
counting the votes cast for candidate Dimaala in favor of petitioner; that by
having done so, respondent COMELEC had exercised original jurisdiction
over a municipal election contest contrary to what the Constitution
mandates; that Art. IX-C, Sec. 2, par 2, of the Constitution provides that the
Commission on Elections shall exercise appellate jurisdiction overall
contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by trial
courts of limited jurisdiction.
Respondent COMELEC filed its own comment alleging that the proclamation of
petitioner was flawed from the beginning for being tainted with clerical error
or mathematical mistake in the addition of votes; that pursuant to the ruling
in Villaroya v. Comelec 5 public respondent has original jurisdiction on all
matters relating to election returns, including the verification of the number
of votes received by opposing candidates in the election returns as
compared to the statement of votes in order to ensure that the true will of
the people is known; and, that according to Tatlonghari v. Comelec, 6 when
what is involved is purely mathematical and/or mechanical error in the
operation of the adding machine committed by the board of canvassers but
does not involve any opening of ballot boxes, examination and appreciation
of ballots and/or election returns, all that is required is to reconvene the
board of canvassers to rectify the error it inadvertently committed.
Respondent COMELEC also contends that since it has the direct control
and supervision over the municipal board of canvassers, the former has
authority to direct the latter to reconvene and continue its assigned task in
proclaiming the rightful winner for municipal councilor.
QUESTION: On the basis of the facts at bar, did the COMELEC commit grave
abuse of discretion to merit a reversal of its decision? Explain and support
your answer.
CASE NO. 9: Facts: Manuel Milla and Regina Balmores-Laxa were candidates
for councillor of Gerona, Tarlac in the May 14, 2001 elections. On May 18,
2001, Manuel Milla was proclaimed as the 8thwining candidate by the
Municipal Board of Canvassers (BOC) based on the Statement of Votes
and the Certificate of Canvass. One month after his proclamation or on
June 18, 2001, Regina filed a petition with the COMELEC against Manuel
and the BOC for correction of entries in the Statement of Votes based on
fraud or irregularities in the canvassing of votes, specifically the entries for
the 4 precincts in the Statement of Votes did not correspond to the election
returns for the respective precincts.
On June 29, 2001, Manuel took his oath of office and assumed office.
The BOC admits the erroneous tally, and prays that it it be allowed to
reconvene to effect the correction of entries in the Statement of Votes,
inorder to give way for Reginas winning as the eight councillor of Gerona.
In its Resolution of December 18, 2001, the COMELEC EN BANC,
denied the BOCs motion to reconvene, declared Manuels proclamation as
null and void and proclaimed Regina as the eight winning candidate.
Manuel argued that: 1) the petition of Regina was filed beyond the
reglementary period of five days from proclamation 2) pre-proclamation
cases should be terminated after proclamation and assumption of office 3)
padding of statement of votes isnot a proper subject of a pre-proclamation
case 4) that the COMELECen banc did not have jurisdiction over the
petition of Regina.
QUESTION: Resolve the issues raised by Manuel.
CASE NO. 10: Facts: Atty. Romulo Macalintal files a petition for certiorari and
prohibition before the Supreme Court seeking a declaration that certain
provisions of Republic Act No. 9189 (The Overseas Absentee Voting Act of
2003) suffer from constittuiona infirmity. He raises the following questions:
1) Does Sec. 5(d) of said Act allowing the registration of voters who are
immigrants or permanent residents in other countries by their mere act of
executing an affidavit expressing their intention to return to the Philippines,
violate the residency requirement in Section 1 of Art. V of the Constitution?
2) Does Sec. 18.5 of the same law empowering the COMELEC to proclaim
the winning candidates for national offices (i.e. senators, pres. and vice
pres.) and party list representatives violate the constitutional mandate
under Art. VII, SEC. 4 of the Constitution that the winning candidates for
Pres. and Vice Pres. shall be proclaimed as winners by Congress?
3) May Congress, through the Joint Congressional Oversight Committee
created in Sec. 25 of said Act, exercise the power to review, revise, amend
and approve the Implementing Rules and Regulations that the COMELEC
shall promulgate without violating the independence of theCOMELEC
under Section 1, Art. IX-A of the 1987 Constitution?
CASE NO. 11. Facts: Rosalina Lopez was born in Australia in 1943 to a
Filipino father and anAustralia mother. She is married to a Filipino.In 1988
she registered herself with the Bureau of Immigration as an Autralian
national and was issued an Alien Certificate of Residence .She was issued
an Australian Passport. On January 15, 1992 she renounced her Australian
citizenship.
Question: Did Lopez application for ACR and ICR and her being a holder of
an Australian passport constitute her renunciation of Phil. Citizenship?
Answer NO 11: Valles v. COMELEC, 337 SCRA 543 Ruling: No. Under CA
No. 63, renunciation of citizenship must be express. Her application for
ACR and ICR did not amount to express renunciation or repudiation of her
citizenship.
CASE NO. 12. Rico Balde was born in 1934 in Chicago, USA, as a
legitimate son of a Filipino father and an American mother (hence was
admittedly both a Filipino and an American). He was continuously a
resident in the Philippines. In 1958 at the age of 24 and in 1979 at the age
of 45, he applied with the Bureau of Immigration for an ALIEN
CERTIFICATE OF REGISTRATION (ACR) and IMMIGRANT
CERTIFICATE OF RESIDENCE (ICR) and was granted. He had been
participating in elections in the Philippines as a voter, however, and was
issued a Phil. Passport in 1987.
Question: By registering twice with the BID (Bureau of Immigration and
Deportation) as an alien, did he lose his Filipino citizenship?
Answer: NO 12. AZNAR v. COMELEC , 185 scra 708 Ruling: No. Under
COMMONWEALTH ACT No. 63, there are three modes to lose Filipino
citizenship, which are relevant to him, namely: by naturalization, by express
renunciation and by subscribing to an oath of allegiance to a foreign
country. His application for an ACR and ICR is not one of them to make him
lose his Phil. Citizenship. The mere fact that he was a holder of a certificate
stating that he is an American did not mean that he is no longer a Filipino.
An application for an ACR is not tantamount to a renunciation of Philippine
citizenship.
The record shows that private respondent was born in San Francisco,
California on September 4, 1955, of Filipino parents. Since the Philippines
adheres to the principle of jus sanguinis, while the United States follows the
doctrine of jus soli, the parties agree that, at birth at least, he was a
national both of the Philippines and of the United States. However, the
COMELEC en banc held that, by participating in Philippine elections in
1992, 1995, and 1998, private respondent effectively renounced his U.S.
citizenship under American law, so that now he is solely a Philippine
national.
Petitioner challenges this ruling. He argues that merely taking part in
Philippine elections is not sufficient evidence of renunciation and that, in
any event, as the alleged renunciation was made when private respondent
was already 37 years old, it was ineffective as it should have been made
when he reached the age of majority.
In holding that by voting in Philippine elections private respondent
renounced his American citizenship, the COMELEC must have in mind
349 of the Immigration and Nationality Act of the United States, which
provided that A person who is a national of the United States, whether by
birth or naturalization, shall lose his nationality by: . . . (e) Voting in a
political election in a foreign state or participating in an election or plebiscite
to determine the sovereignty over foreign territory. To be sure this
provision was declared unconstitutional by the U.S. Supreme Court
in Afroyim v. Rusk[xlvii][16] as beyond the power given to the U.S. Congress to
regulate foreign relations. However, by filing a certificate of candidacy
when he ran for his present post, private respondent elected Philippine
citizenship and in effect renounced his American citizenship. Private
respondents certificate of candidacy, filed on March 27, 1998, contained
the following statements made under oath:
6. I AM A FILIPINO CITIZEN (STATE IF NATURAL-BORN OR
NATURALIZED) NATURAL-BORN
....
10. I AM A REGISTERED VOTER OF PRECINCT NO. 747-A, BARANGAY
SAN LORENZO, CITY/MUNICIPALITY OF MAKATI, PROVINCE OF
NCR .
11. I AM NOT A PERMANENT RESIDENT OF, OR IMMIGRANT TO, A
FOREIGN COUNTRY.
12. I AM ELIGIBLE FOR THE OFFICE I SEEK TO BE ELECTED. I WILL
SUPPORT AND DEFEND THE CONSTITUTION OF THE PHILIPPINES
AND WILL MAINTAIN TRUE FAITH AND ALLEGIANCE THERETO; THAT I
WILL OBEY THE LAWS, LEGAL ORDERS AND DECREES
PROMULGATED BY THE DULY CONSTITUTED AUTHORITIES OF THE
REPUBLIC OF THE PHILIPPINES; AND THAT I IMPOSE THIS
OBLIGATION UPON MYSELF VOLUNTARILY, WITHOUT MENTAL
RESERVATION OR PURPOSE OF EVASION. I HEREBY CERTIFY THAT
THE FACTS STATED HEREIN ARE TRUE AND CORRECT OF MY OWN
PERSONAL KNOWLEDGE.
The filing of such certificate of candidacy sufficed to renounce his
American citizenship, effectively removing any disqualification he might
have as a dual citizen. Thus, in Frivaldo v. COMELEC it was held:[xlviii][17]
It is not disputed that on January 20, 1983 Frivaldo became an
American. Would the retroactivity of his repatriation not effectively give him
dual citizenship, which under Sec. 40 of the Local Government Code would
disqualify him from running for any elective local position? We answer
this question in the negative, as there is cogent reason to hold that Frivaldo
was really STATELESS at the time he took said oath of allegiance and
even before that, when he ran for governor in 1988. In his Comment,
Frivaldo wrote that he had long renounced and had long abandoned his
American citizenshiplong before May 8, 1995. At best, Frivaldo was
stateless in the interimwhen he abandoned and renounced his US
citizenship but before he was repatriated to his Filipino citizenship.
On this point, we quote from the assailed Resolution dated December
19, 1995:
By the laws of the United States, petitioner Frivaldo lost his American
citizenship when he took his oath of allegiance to the Philippine
Government when he ran for Governor in 1988, in 1992, and in
1995. Every certificate of candidacy contains an oath of allegiance to the
Philippine Government.
These factual findings that Frivaldo has lost his foreign nationality long
before the elections of 1995 have not been effectively rebutted by
Lee. Furthermore, it is basic that such findings of the Commission are
conclusive upon this Court, absent any showing of capriciousness or
arbitrariness or abuse.
There is, therefore, no merit in petitioners contention that the oath of
allegiance contained in private respondents certificate of candidacy is
insufficient to constitute renunciation of his American citizenship. Equally
without merit is petitioners contention that, to be effective, such
renunciation should have been made upon private respondent reaching the
age of majority since no law requires the election of Philippine citizenship to
be made upon majority age.
Finally, much is made of the fact that private respondent admitted that
he is registered as an American citizen in the Bureau of Immigration and
Deportation and that he holds an American passport which he used in his
last travel to the United States on April 22, 1997. There is no merit in
this. Until the filing of his certificate of candidacy on March 21, 1998, he
had dual citizenship. The acts attributed to him can be considered simply
as the assertion of his American nationality before the termination of his
American citizenship. What this Court said in Aznar v. COMELEC[xlix]
[18]
applies mutatis mutandis to private respondent in the case at bar:
. . . Considering the fact that admittedly Osmea was both a Filipino
and an American, the mere fact that he has a Certificate stating he is an
American does not mean that he is not still a Filipino. . . . [T]he
Certification that he is an American does not mean that he is not still a
Filipino, possessed as he is, of both nationalities or citizenships. Indeed,
there is no express renunciation here of Philippine citizenship; truth to tell,
there is even no implied renunciation of said citizenship. When We
consider that the renunciation needed to lose Philippine citizenship must be
express, it stands to reason that there can be no such loss of Philippine
citizenship when there is no renunciation, either express or implied.
To recapitulate, by declaring in his certificate of candidacy that he is a
Filipino citizen; that he is not a permanent resident or immigrant of another
country; that he will defend and support the Constitution of the Philippines
and bear true faith and allegiance thereto and that he does so without
mental reservation, private respondent has, as far as the laws of this
country are concerned, effectively repudiated his American citizenship and
anything which he may have said before as a dual citizen.
On the other hand, private respondents oath of allegiance to the
Philippines, when considered with the fact that he has spent his youth and
adulthood, received his education, practiced his profession as an artist, and
taken part in past elections in this country, leaves no doubt of his election of
Philippine citizenship.
His declarations will be taken upon the faith that he will fulfill his
undertaking made under oath. Should he betray that trust, there are
enough sanctions for declaring the loss of his Philippine citizenship through
expatriation in appropriate proceedings. In Yu v. Defensor-Santiago,[l][19] we
sustained the denial of entry into the country of petitioner on the ground
that, after taking his oath as a naturalized citizen, he applied for the
renewal of his Portuguese passport and declared in commercial documents
executed abroad that he was a Portuguese national. A similar sanction can
be taken against any one who, in electing Philippine citizenship, renounces
his foreign nationality, but subsequently does some act constituting
renunciation of his Philippine citizenship
CASE NO. 14.FACTS: The facts are as follows:
Pursuant to Art. X, 18 of the 1987 Constitution, Congress passed R.A. No.
6734, the Organic Act for the Autonomous Region in Muslim Mindanao,
calling for a plebiscite to be held in the provinces of Basilan, Cotobato,
Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan,
South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte,
and Zamboanga del Sur, and the cities of Cotabato, Dapitan, Dipolog,
General Santos, Iligan, Marawi, Pagadian, Puerto Princesa and
Zamboanga. In the ensuing plebiscite held on November 16, 1989, four
provinces voted in favor of creating an autonomous region. These are the
provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. In
accordance with the constitutional provision, these provinces became the
Autonomous Region in Muslim Mindanao.
On the other hand, with respect to provinces and cities not voting in favor of
the Autonomous Region, Art. XIX, 13 of R.A. No. 6734 provides,
That only the provinces and cities voting favorably in such plebiscites shall
be included in the Autonomous Region in Muslim Mindanao. The provinces
and cities which in the plebiscite do not vote for inclusion in the
Autonomous Region shall remain in the existing administrative regions.
Provided, however, that the President may, by administrative determination,
merge the existing regions.
Petitioners in G.R. No. 96754 are, or at least at the time of the filing of their
petition, members of Congress representing various legislative districts in
South Cotobato, Zamboanga del Norte, Basilan, Lanao del Norte and
Zamboanga City. On November 12, 1990, they wrote then President
Aquino protesting E.O. No. 429. They contended that
With due respect to Her Excellency, we submit that while the authority
necessarily includes the authority to merge, the authority to merge does not
include the authority to reorganize. Therefore, the President's authority
under RA 6734 to "merge existing regions" cannot be construed to include
the authority to reorganize them. To do so will violate the rules of statutory
construction.
The transfer of regional centers under Executive Order 429 is actually
a restructuring (reorganization) of administrative regions. While this
reorganization, as in Executive Order 429, does not affect the
apportionment of congressional representatives, the same is not valid
under the penultimate paragraph of Sec. 13, Art. XIX of R.A. 6734 and
Ordinance appended to the 1986 Constitution apportioning the seats of the
House of Representatives of Congress of the Philippines to the different
legislative districts in provinces and cities.
As their protest went unheeded, while Inauguration Ceremonies of
the New Administrative Region IX were scheduled on January 26, 1991,
petitioners brought this suit for certiorari and prohibition.
On the other hand, the petitioner in G.R. No. 96673, Immanuel
Jaldon, is a resident of Zamboanga City, who is suing in the capacity of
taxpayer and citizen of the Republic of the Philippines.
Petitioners in both cases contend that Art. XIX, 13 of R.A. No. 6734
is unconstitutional because (1) it unduly delegates legislative power to the
President by authorizing him to "merge [by administrative determination]
the existing regions" or at any rate provides no standard for the exercise of
the power delegated and (2) the power granted is not expressed in the title
of the law.
CASE NO. 16.Facts: Manuel S. Pineda was employed with the Philippine
National Oil Co.-Energy Development Corp. (PNOC-EDC), as subsidiary of
the Philippine National Oil Co., from September 17, 1981, when he was
hired as clerk, to January 26, 1989, when his employment was terminated.
The events leading to his dismissal from his job are not disputed.
In November, 1987, while holding the position of Geothermal
Construction Secretary, Engineering and Construction Department, at
Tongonan Geothermal Project, Ormoc City, Pineda decided to run for
councilor of the Municipality of Kananga, Leyte, in the local elections
scheduled in January, 1988, and filed the corresponding certificate of
candidacy for the position. Objection to Pineda's being a candidate while
retaining his job in the PNOC-EDC was shortly thereafter registered by
Mayor Arturo Cornejos of Kananga, Leyte. The mayor communicated with
the PNOC-EDC thru Engr. Ernesto Patanao, Resident Manager, Tongonan
Geothermal Project to express the view that Pineda could not actively
participate in politics unless he officially resigned from PNOC-EDC. 1
Nothing seems to have resulted from this protest.
The local elections in Leyte, scheduled for January 1988, were reset
to and held on February 1, 1988. Pineda was among the official candidates
voted for, and eventually proclaimed elected to, the office of councilor.
Some vacillation appears to have been evinced by Pineda at about this
time. On February 8, 1988, he wrote to the COMELEC Chairman,
expressing his desire to withdraw from the political contest on account of
what he considered to be election irregularities; and on March 19, 1988, he
wrote to the Secretary of Justice seeking legal opinion on the question,
among others, of whether or not he was "considered automatically resigned
upon . . . filing of . . . (his) certificate of candidacy," and whether or not, in
case he was elected, he could "remain appointed to any corporate offspring
of a government-owned or controlled corporation." Nevertheless, Pineda
took his oath of office in June, 1988 as councilor-elect of the Municipality of
Kananga, Leyte. And despite so qualifying as councilor, and assuming his
duties as such, he continued working for PNOC-EDC as the latter's
Geothermal Construction Secretary, Engineering and Construction
Department, at Tongonan Geothermal Project, Ormoc City.
ANSWER no. 16: PNOC ENERGY DEV'T. CORP., ET AL. vs. NAT'L
LABOR RELATIONS COMMISSION, ET AL. G.R. No. 100947 May 31,
1993 1. CONSTITUTIONAL LAW; CIVIL SERVICE; GOVERNMENT-
OWNED OR CONTROLLED CORPORATIONS WITHOUT ORIGINAL
CHARTERS, NOT EMBRACED THEREIN. Section 2 (1), Article IX of
the 1987 Constitution provides as follows: "The civil service embraces all
branches, subdivisions, instrumentalities, and agencies of the Government,
including government-owned or controlled corporations with original
charters." Implicit in the provision is that government-owned or controlled
corporations without original charters i.e., organized under the general
law, the Corporation Code - are not comprehended within the Civil Service,
and their employees are not subject to Civil Service Law. So has this Court
construed the provision. (NASECO, et. al. v. NLRC, et al., 166 SCRA 122,
Lumanta, et. al. v. NLRC, et al., 170 SCRA 79, PNOC-EDC v. Leogardo, et.
al., 175 SCRA 29).
2. ID.; OMNIBUS ELECTION CODE; CANDIDATES HOLDING
APPOINTIVE OFFICE OR POSITION CONSIDERED IPSO FACTO
RESIGNED UPON FILING OF CERTIFICATE OF CANDIDACY; APPLIES
TO OFFICERS AND EMPLOYEES IN GOVERNMENT-OWNED AND
CONTROLLED CORPORATION WITH OR WITHOUT ORIGINAL
CHARTERS. When the Congress of the Philippines reviewed the
Omnibus Election Code of 1985, in connection with its deliberations on and
subsequent enactment of related and repealing legislation i.e., Republic
Acts Numbered 7166: "An Act Providing for Synchronized National and
Local Elections and for Electoral Reforms, Authorizing Appropriations
Therefor, and for Other Purposes" (effective November 26, 1991), 6646:
"An Act Introducing Additional Reforms in the Electoral System and for
Other Purposes" (effective January 5, 1988) and 6636: "An Act Resetting
the Local Elections, etc." (effective November 6, 1987), it was no doubt
aware that in light of Section 2(1), Article IX of the 1987 Constitution: (a)
government-owned or controlled corporations were of two (2) categories
those with original charters, and those organized under the general law
and (b) employees of these corporations were of two (2) kinds those
covered by the Civil Service Law, rules and regulations because employed
in corporations having original charters, and those not subject to Civil
Service Law but to the Labor Code because employed in said corporations
organized under the general law, or the Corporation Code. Yet Congress
made no effort to distinguish between these two classes of government-
owned or controlled corporations or their employees in the Omnibus
Election Code or subsequent related statutes, particularly as regards the
rule that an any employee "in government-owned or controlled
corporations, shall be considered ipso facto resigned from his office upon
the filing of his certificate of candidacy." What all this imports is that Section
66 of the Omnibus Election Code applies to officers and employees in
government-owned or controlled corporations, even those organized under
the general laws on incorporation and therefore not having an original or
legislative charter, and even if they do not fall under the Civil Service Law
but under the Labor Code. In other words, Section 66 constitutes just cause
for termination of employment in addition to those set forth in the Labor
Code, as amended.
Case No. 17. Petitioner Luis Malaluan and private respondent Joseph
Evangelista were both mayoralty candidates in the Municipality of
Kidapawan, North Cotabato, in the Synchronized National and Local
Elections held on May 11, 1992. Private respondent Joseph
Evangelista was proclaimed by the Municipal Board of Canvassers as
the duly elected Mayor for having garnered 10,498 votes as against
petitioners 9,792 votes. Evangelista was, thus, said to have a
winning margin of 706 votes. But, on May 22, 1992, petitioner filed an
election protest with the Regional Trial Court contesting 64 out of the
total 181 precincts of the said municipality. The trial court declared
petitioner as the duly elected municipal mayor of Kidapawan, North
Cotabato with a plurality of 154 votes. Acting without precedent, the
court found private respondent liable not only for Malaluans protest
expenses but also for moral and exemplary damages and attorneys
fees. On February 3, 1994, private respondent appealed the trial court
decision to the COMELEC.
Rule on the propriety of awarding moral and exemplary damages and
attorneys fees.
Answer no 17: NOT PROPER. What looms large as the issue in this case
is whether or not the COMELEC gravely abused its discretion in awarding
the aforecited damages in favor of private respondent.
The Omnibus Election Code provides that actual or compensatory
damages may be granted in all election contests or in quo
warrantoproceedings in accordance with law.[li][13] COMELEC Rules of
Procedure provide that in all election contests the Court may adjudicate
damages and attorneys fees as it may deem just and as established by the
evidence if the aggrieved party has included such claims in his
pleadings.[lii][14] This appears to require only that the judicial award of
damages be just and that the same be borne out by the pleadings and
evidence. The overriding requirement for a valid and proper award of
damages, it must be remembered, is that the same is in accordance with
law, specifically, the provisions of the Civil Code pertinent to damages.
Article 2199 of the Civil Code mandates that except as provided by law or
by stipulation, one is entitled to an adequate compensation only for such
pecuniary loss suffered by him as he has duly proved. Such compensation
is referred to as actual or compensatory damages. The Civil Cod.e further
prescribes the proper setting for allowance of actual or compensatory
damages in the following provisions:
ART. 2201. In contracts and quasi-contracts, the damages for which the
obligor who acted in good faith is liable shall be those that are the natural
and probable consequences of the breach of the obligation, and which the
parties have foreseen or could have reasonably foreseen at the time the
obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the non-
performance of the obligation.
ART. 2202. In crimes and quasi-delicts, the defendant shall be liable for all
damages which are the natural and probable consequences of the act or
omission complained of. It is not necessary that such damages have been
foreseen or could have reasonably been foreseen by the defendant.
Considering that actual or compensatory damages are appropriate only in
breaches of obligations in cases of contracts and quasi-contracts and on
the - occasion of crimes and quasi-delicts where the defendant may be
held liable for all damages the proximate cause of which is the act or
omission complained of, the monetary claim of a party in an election case
must necessarily be hinged on either a contract or a quasi-contract or a
tortious act or omission or a crime, in order to effectively recover actual or
compensatory damages.[liii][15] In the absence of any or all of these, the
claimant must be able to point out a specific provision of law authorizing a
money claim for election protest expenses against the losing party.[liv]
[16] For instance, the claimant may cite any of the following provisions of
the Civil Code under the chapter on human relations, which provisions
create obligations not by contract, crime or negligence, but directly by law:
ART. 19. Every person must in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.
ART. 20. Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same.
xxx xxx xxx
ART. 32. Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner impedes
or impairs any of the following rights and liberties of another person shall
be liable to the latter for damages:
xxx xxx xxx
(5) Freedom of suffrage;
xxx xxx xxx
In any of the cases referred to in this article, whether or not the defendants
act or omission constitutes a criminal offense, the aggrieved party has a
right to commence an entirely separate and distinct civil action for
damages, and for other relief. x x x[lv][17]
Claimed as part of the damages to which private respondent is allegedly
entitled to, is P169,456.00 constituting salary and other emoluments from
March, 1994 to April, 1995 that would have accrued to him had there not
been an execution of the trial courts decision pending appeal therefrom in
the COMELEC.
The long-standing rule in this jurisdiction is that notwithstanding his
subsequent ouster as a result of an election protest, an elective official who
has been proclaimed by the COMELEC as winner in an electoral contest
and who assumed office and entered into the performance of the duties of
that office, is entitled to the compensation, emoluments and allowances
legally provided for the position.[lvi][18] We ratiocinated in the case of
Rodriguez vs. Tan that:
This is as it should be. This is in keeping with the ordinary course of
events. This is simple justice. The emolument must go to the person who
rendered the service unless the contrary is provided. There is no averment
in the complaint that he is linked with any irregularity vitiating his
election. This is the policy and the rule that has been followed consistently
in this jurisdiction in connection with positions held by persons who had
been elected thereto but were later ousted as a result of an election
protest. The right of the persons elected to compensation during their
incumbency has always been recognized. We cannot recall of any
precedent wherein the contrary rule has been upheld.[lvii][19]
In his concurring opinion in the same case, however, Justice Padilla equally
stressed that, while the general rule is that the ousted elective official is not
obliged to reimburse the emoluments of office that he had received before
his ouster, he would be liable for damages in case he would be found
responsible for any unlawful or tortious acts in relation to his
proclamation. We quote the pertinent portion of that opinion for emphasis:
Nevertheless, if the defendant, directly or indirectly, had committed
unlawful or tortious acts which led to and resulted in his proclamation as
senator-elect, when in truth and in fact he was not so elected, he would be
answerable for damages. In that event the salary, fees and emoluments
received by or paid to him during his illegal incumbency would be a proper
item of recoverable damage.[lviii][20]
The criterion for a justifiable award of election protest expenses and
salaries and emoluments, thus, remains to be the existence of a pertinent
breach of obligations arising from contracts or quasi-contracts, tortious
acts, crimes or a specific legal provision authorizing the money claim in the
context of election cases. Absent any of these, we could not even begin to
contemplate liability for damages in election cases, except insofar as
attorneys fees are concerned, since the Civil Code enumerates the specific
instances when the same may be awarded by the court.
ART. 2208. In the absence of stipulation, attorneys fees and expenses of
litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendants act or omission has compelled the plaintiff to
litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the
plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to
satisfy the plaintiffs plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and
skilled workers;
(8) In actions for indemnity under workmens compensation and employers
liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that
attorneys fees and expenses of litigation should be recovered.[lix][21]
Given the aforecited laws, and jurisprudence on the matter at issue, let us
now look into the basis of respondent COMELEC for awarding actual
damages to private respondent in the form of reimbursement for attorneys
fees, actual expenses for xerox copies, and salary and other emoluments
that should have accrued to him from March, 1994 to April, 1995 had the
RTC not issued an order for execution pending appeal.
The First Division of the COMELEC ruled on private respondents claim for
actual or compensatory damages in this wise:
x x x under the present legal setting, it is more difficult than in the past to
secure an award of actual or compensatory damages either against the
protestant or the protestee because of the requirements of the law.
In the instant case, however, We are disposed to conclude that the election
protest filed by the protestant is clearly unfounded. As borne out by the
results of the appreciation of ballots conducted by this Commission,
apparently the protest was filed in bad faith without sufficient cause or has
been filed for the sole purpose of molesting the protestee-appellant for
which he incurred expenses. The erroneous ruling of the Court which
invalidated ballots which were clearly valid added more injury to the
protestee-appellant. This would have been bearable since he was able to
perfect his appeal to this Commission. The final blow, however, came when
the Court ordered the execution of judgment pending appeal which, from all
indications, did not comply with the requirements of Section 2, Rule 39 of
the Rules of Court. There was no good and special reason at all to justify
the execution ofjudgment pending appeal because the protestees winning
margin was 149 votes while that of the protestant - after the Court declared
him a winner - was only a margin of 154 votes. Clearly, the order of
execution of judgment pending appeal was issued with grave abuse of
discretion.
For these reasons, protestee-appellant seeks to recover the following:
1. Actual damages representing attorneys fees for the new counsel who
handled the Appeal and the Petition for Certiorari before the Court of
Appeals x x x -P3 72, 5 00.00
2. Actual expenses for xerox copying of Appellants Brief and the annexes
(14 copies at P 1.50 x x x -P11,235.00
3. Actual expenses for xerox copying of ballots x x x - P3,919.20
4. Actual damages for loss of salary and other emoluments since March
1994 as per attached Certification issued by the Municipal Account of
Kidapawan x x x - P96,832.00 (up to October 1994 only)
Under Article 2208 of the New Civil Code attorneys fees and expenses of
litigation can be recovered (as actual damages) in the case of clearly
unfounded civil action or proceeding. And, while the case of Eulogio
Rodriguez, Sr. vs. Carlos Tan (91 Phil. 724) disallowed recovery of salaries
and allowances (as damages) from elected officials who were later ousted,
under the theory that persons elected has (sic) a right to compensation
during their incumbency, the instant case is different. The protestee-
appellant was the one elected. He was ousted not by final judgment but by
an order of execution pending appeal which was groundless and issued
with grave abuse of discretion. Protestant-appellee occupied the position
in an illegal manner as a usurper and, not having been elected to the office,
but merely installed through a baseless court order, he certainly had no
right to the salaries and emoluments of the office.
Actual damages in the form of reimbursement for attorneys fees (P3
72,500.00), actual expenses for xerox copies (P15,154.00), unearned
salary and other emoluments from March 1994 to April 1995 or 14 months
at P12,104.00 a month (P169,456.00), totalled P557,110.00. To (sic) this
amount, however, P3 00,000.00 representing that portion of attorneys fees
denominated as success fee must be deducted this being premised on a
contingent event the happening of which was uncertain from the
beginning. Moral damages and exemplary damages claimed are, of
course, disallowed not falling within the purview of Section 259 of the
Omnibus Election Code.
It goes without saying that if the protestant-appellee fails to pay the actual
damages of P257,110.00, the amount will be assessed, levied and
collected from the bond of P500,000.00 which he put up before the Court
as a condition for the issuance of the order of execution of judgment
pending appeal.[lx][22]
Petitioner filed a motion for reconsideration of the aforecited decision on
March 29, 1995. The COMELEC en banc, however, did not find any new
matter substantial in nature, persuasive in character or sufficiently
provocative to compel reconsideration of said decision and accordingly
affirmed in toto the said decision. Hence, this petition raises, among
others, the issue now solely remaining and in need of final adjudication in
view of the mootness of the other issues anent petitioners right to the
contested office the term for which has already expired.
We have painstakingly gone over the records of this case and we can
attribute to petitioner no breach of contract or quasi-contract; or tortious act
nor crime that may make him liable for actual damages. Neither has
private respondent been able to point out to a specific provision of law
authorizing a money claim for election protest expenses against the losing
party. [lxi][23]
We find respondent COMELECs reasoning in awarding the damages in
question to be fatally flawed. The COMELEC found the election protest
filed by the petitioner to be clearly unfounded because its own appreciation
of the contested ballots yielded results contrary to those of the trial
court. Assuming, ex gratia argumentis, that this is a reasonable
observation not without basis, it is nonetheless fallacious to conclude a
malicious intention on the part of petitioner to molest private respondent on
the basis of what respondent COMELEC perceived as an erroneous ruling
of the trial court. In other words, the actuations of the trial court, after the
filing of a case before it, are its own, and any alleged error on its part does
not, in the absence of clear proof, make the suit clearly unfounded for
which the complainant ought to be penalized. Insofar as the award of
protest expenses and attorneys fees are concerned, therefore we find
them to have been awarded by respondent COMELEC without basis, the
election protest not having been a clearly unfounded one under the
aforementioned circumstances.
Respondent COMELEC also found the order granting execution of
judgment pending appeal to be defective because of alleged non-
compliance with the requirement that there be a good and special
reason[lxii][24] to justify execution pending appeal. We, however, find that
the trial court acted judiciously in the exercise of its prerogatives under the
law in issuing the order granting execution pending appeal. First, it should
be noted that the applicability of the provisions of the Rules of Court,
relating to execution pending appeal, has ceased to be debatable after we
definitively ruled in Garcia vs. de Jesus[lxiii][25] that Section 2, Rule 39 of
the Rules of Court, which allows Regional Trial Courts to order executions
pending appeal upon good reasons stated in a special order, may be made
to apply by analogy or suppletorily to election contests decided by
them.[lxiv][26] It is not disputed that petitioner filed a bond in the amount of
P500,000.00 as required under the Rules of Court.
It is also now a settled rule that as much recognition should be given to the
value of the decision of a judicial body as a basis for the right to assume
office as that given by law to the proclamation made by the Board of
Canvassers.[lxv][27]
x x x Why should the proclamation by the board of canvassers suffice as
basis of the right to assume office, subject to future contingencies attendant
to a protest, and not the decision of a court of justice? Indeed x x x the
board of canvassers is composed of persons who are less technically
prepared to make an accurate appreciation of the ballots, apart from their
being more apt to yield extraneous considerations x x x the board must act
summarily, practically raising (sic) against time, while, on the other hand,
the judge has the benefit of all the evidence the parties can offer and of
admittedly better technical preparation and background, apart from his
being allowed ample time for conscientious study and mature deliberation
before rendering judgment x x x.[lxvi][28]
Without evaluating the merits of the trial courts actual appreciation of the
ballots contested in the election protest, we note on the face of its decision
that the trial court relied on the findings of the National Bureau of
Investigation (NBI) handwriting experts which findings private respondent
did not even bother to rebut. We thus see no reason to disregard the
presumption of regularity in the performance of official duty on the part of
the trial court judge. Capping this combination of circumstances which
impel the grant of immediate execution is the undeniable urgency involved
in the political situation in the Municipality of Kidapawan, North
Cotabato. The appeal before the COMELEC would undoubtedly cause the
political vacuum in said municipality to persist, and so the trial court
reasonably perceived execution pending appeal to be warranted and
justified. Anyway, the bond posted by petitioner could cover any damages
suffered by any aggrieved party. It is true that mere posting of a bond is not
enough reason to justify execution pending appeal, but the nexus of
circumstances aforechronicled considered together and in relation to one
another, is the dominant consideration for the execution pending appeal.
[lxvii][29]
Finally, we deem the award of salaries and other emoluments to be
improper and lacking legal sanction. Respondent COMELEC ruled that
inapplicable in the instant case is the ruling in Rodriguez vs. Tan[lxviii]
[30] because while in that case the official ousted was the one proclaimed
by the COMELEC, in the instant case, petitioner was proclaimed winner
only by the trial court and assumed office by virtue of an order granting
execution pending appeal. Again, respondent COMELEC sweepingly
concluded, in justifying the award of damages, that since petitioner was
adjudged the winner in the elections only by the trial court and assumed the
functions of the office on the strength merely of an order granting execution
pending appeal, the petitioner occupied the position in an illegal manner as
a usurper.
We hold that petitioner was not a usurper because, while a usurper is one
who undertakes to act officially without any color of right,[lxix][31] the
petitioner exercised the duties of an elective office under color of election
thereto.[lxx][32] It matters not that it was the trial court and not the
COMELEC that declared petitioner as the winner, because both, at different
stages of the electoral process, have the power to so proclaim winners in
electoral contests. At the risk of sounding repetitive, if only to emphasize
this point, we must reiterate that the decision of a judicial body is no less a
basis than the proclamation made by the COMELEC-convened Board of
Canvassers for a winning candidates right to assume office, for both are
undisputedly legally sanctioned. We deem petitioner, therefore, to be a de
facto officer who, in good faith, has haa possession of the office and had
discharged the duties pertaining thereto[lxxi][33] and is thus legally
entitled to the emoluments of the office.[lxxii][34]
To recapitulate, Section 259 of the Omnibus Election Code only provides
for the granting in election cases of actual and compensatory damages in
accordance with law. The victorious party in an election case cannot be
indemnified for expenses which he has incurred in an electoral contest in
the absence of a wrongful act or omission or breach of obligation clearly
attributable to the losing party. Evidently, if any damage had been suffered
by private respondent due to the execution ofjudgment pending appeal,
that damage may be said to be equivalent to damnum absque
injuria, which is, damage without injury, or damage or injury inflicted without
injustice, or loss or damage without violation of a legal right, or a wrong
done to a man for which the law provides no remedy.[lxxiii][35]
MALALUAN V. COMELEC, 120193, MARCH 6, 1996
Answer no 18: It is true that a public office is personal to the public officer
and is not a property transmissible to his heirs upon death. [lxxxi][9]Thus,
applying the doctrine of actio personalis moritur cum persona, upon the
death of the incumbent, no heir of his may be allowed to continue holding
his office in his place.
But while the right to a public office is personal and exclusive to the
public officer, an election protest is not purely personal and exclusive to the
protestant or to the protestee such that the death of either would oust the
court of all authority to continue the protest proceedings.
An election contest, after all, involves not merely conflicting private
aspirations but is imbued with paramount public interests. As we have held
in the case of Vda. de De Mesa v. Mencias:[lxxxii][10]
x x x. It is axiomatic that an election contest, involving as it does not
only the adjudication and settlement of the private interests of the rival
candidates but also the paramount need of dispelling once and for all the
uncertainty that beclouds the real choice of the electorate with respect to
who shall discharge the prerogatives of the offices within their gift, is a
proceeding imbued with public interest which raises it onto a plane over
and above ordinary civil actions. For this reason, broad perspectives of
public policy impose upon courts the imperative duty to ascertain by all
means within their command who is the real candidate elected in as
expeditious a manner as possible, without being fettered by technicalities
and procedural barriers to the end that the will of the people may not be
frustrated (Ibasco vs. Ilao, et al., G.R. L-17512, December 29, 1960;
Reforma vs. De Luna, G.R. L-13242, July 31, 1958). So inextricably
intertwined are the interests of the contestants and those of the public that
there can be no gainsaying the logic of the proposition that even the
voluntary cessation in office of the protestee not only does not ipso
facto divest him of the character of an adversary in the contest inasmuch
as he retains a party interest to keep his political opponent out of the office
and maintain therein his successor, but also does not in any manner impair
or detract from the jurisdiction of the court to pursue the proceeding to its
final conclusion (De Los Angeles vs. Rodriguez, 46 Phil. 595, 597;
Salcedo vs. Hernandez, 62 Phil. 584, 587; Galves vs. Maramba, G.R. L-
13206).
Upon the same principle, the death of the protestee De Mesa did not
abate the proceedings in the election protest filed against him, and it may
stated as a rule that an election contest survives and must be prosecuted
to final judgment despite the death of the protestee. [lxxxiii][11]
The death of the protestant, as in this case, neither constitutes a ground
for the dismissal of the contest nor ousts the trial court of its jurisdiction to
decide the election contest. Apropos is the following pronouncement of this
court in the case of Lomugdang v. Javier:[lxxxiv][12]
Determination of what candidate has been in fact elected is a matter
clothed with public interest, wherefore, public policy demands that an
election contest, duly commenced, be not abated by the death of the
contestant. We have squarely so rule in Sibulo Vda. de Mesa vs. Judge
Mencias, G.R. No. L-24583, October 29, 1966, in the same spirit that led
this Court to hold that the ineligibility of the protestant is not a defense
(Caesar vs. Garrido, 53 Phil. 57), and that the protestees cessation in
office is not a ground for the dismissal of the contest nor detract the Courts
jurisdiction to decide the case (Angeles vs. Rodriguez, 46 Phil. 595;
Salcedo vs. Hernandez, 62 Phil. 584).[lxxxv][13]
The asseveration of petitioner that private respondent is not a real party
in interest entitled to be substituted in the election protest in place of the
late Jamilla, is utterly without legal basis. Categorical was our ruling
in Vda. de Mesa and Lomugdang that:
x x x the Vice Mayor elect has the status of a real party in interest in
the continuation of the proceedings and is entitled to intervene therein. For
if the protest succeeds and the protestee is unseated, the Vice-Mayor
succeeds to the office of Mayor that becomes vacant if the one duly elected
can not assume the post.[lxxxvi][14]
To finally dispose of this case, we rule that the filing by private
respondent of his Omnibus Petition/Motion on January 15, 1996, well within
a period of thirty days from December 19, 1995 when Jamillas counsel
informed the trial court of Jamillas death, was in compliance with Section
17, Rule 3 of the Revised Rules of Court. Since the Rules of Court, though
not generally applicable to election cases, may however be applied by
analogy or in a suppletory character,[lxxxvii][15]private respondent was correct
to rely thereon.
The above jurisprudence is not ancient; in fact these legal moorings have
been recently reiterated in the 1991 case of De la Victoria vs. COMELEC.
[lxxxviii][16]
If only petitioners diligence in updating himself with case law is as
spirited as his persistence in pursuing his legal asseverations up to the
highest court of the land, no doubt further derailment of the election protest
proceedings could have been avoided. CASTRO V. COMELEC , 125249,
FEB 1997
CASE NO. 19. Petitioner Arsenio A. Latasa, was elected mayor of the
Municipality of Digos, Davao del Sur in the elections of 1992, 1995,
and 1998. During petitioners third term, the Municipality of Digos
was declared a component city, to be known as the City of Digos. A
plebiscite conducted on September 8, 2000 ratified Republic Act No.
8798 entitled, An Act Converting the Municipality of Digos, Davao del
Sur Province into a Component City to be known as the City of
Digos or the Charter of the City of Digos. This event also marked
the end of petitioners tenure as mayor of the Municipality of
Digos. However, under Section 53, Article IX of the Charter, petitioner
was mandated to serve in a hold-over capacity as mayor of the new
City of Digos. Hence, he took his oath as the city mayor.
On February 28, 2001, petitioner filed his certificate of candidacy for
city mayor for the May 14, 2001 elections. He stated therein that he is
eligible therefor, and likewise disclosed that he had already served for
three consecutive terms as mayor of the Municipality of Digos and is
now running for the first time for the position of city mayor.
Question: Is Latasa eligible to run as city mayor?
ANSWER no 19: As seen in the aforementioned provisions, this Court
notes that the delineation of the metes and bounds of the City of Digos did
not change even by an inch the land area previously covered by the
Municipality of Digos. This Court also notes that the elective officials of the
Municipality of Digos continued to exercise their powers and functions until
elections were held for the new city officials.
True, the new city acquired a new corporate existence separate and
distinct from that of the municipality. This does not mean, however, that for
the purpose of applying the subject Constitutional provision, the office of
the municipal mayor would now be construed as a different local
government post as that of the office of the city mayor. As stated earlier, the
territorial jurisdiction of the City of Digos is the same as that of the
municipality. Consequently, the inhabitants of the municipality are the
same as those in the city. These inhabitants are the same group of voters
who elected petitioner Latasa to be their municipal mayor for three
consecutive terms. These are also the same inhabitants over whom he
held power and authority as their chief executive for nine years.
This Court must distinguish the present case from previous cases ruled
upon this Court involving the same Constitutional provision.
In Borja, Jr. v. COMELEC, [39][18] the issue therein was whether a vice-
mayor who became the mayor by operation of law and who served the
remainder of the mayors term should be considered to have served a term
in that office for the purpose of the three-term limit under the
Constitution. Private respondent in that case was first elected as vice-
mayor, but upon the death of the incumbent mayor, he occupied the latters
post for the unexpired term. He was, thereafter, elected for two more
terms. This Court therein held that when private respondent occupied the
post of the mayor upon the incumbents death and served for the remainder
of the term, he cannot be construed as having served a full term as
contemplated under the subject constitutional provision. The term served
must be one for which [the official concerned] was elected.
It must also be noted that in Borja, the private respondent therein,
before he assumed the position of mayor, first served as the vice-mayor of
his local government unit. The nature of the responsibilities and duties of
the vice-mayor is wholly different from that of the mayor. The vice-mayor
does not hold office as chief executive over his local government unit. In
the present case, petitioner, upon ratification of the law converting the
municipality to a city, continued to hold office as chief executive of the same
territorial jurisdiction. There were changes in the political and economic
rights of Digos as local government unit, but no substantial change
occurred as to petitioners authority as chief executive over the inhabitants
of Digos.
In Lonzanida v. COMELEC,[40][19] petitioner was elected and served two
consecutive terms as mayor from 1988 to 1995. He then ran again for the
same position in the May 1995 elections, won and discharged his duties as
mayor. However, his opponent contested his proclamation and filed an
election protest before the Regional Trial Court, which ruled that there was
a failure of elections and declared the position of mayor vacant. The
COMELEC affirmed this ruling and petitioner acceded to the order to
vacate the post. During the May 1998 elections, petitioner therein again
filed his certificate of candidacy for mayor. A petition to disqualify him was
filed on the ground that he had already served three consecutive
terms. This Court ruled, however, that petitioner therein cannot be
considered as having been duly elected to the post in the May 1995
elections, and that said petitioner did not fully serve the 1995-1998 mayoral
term by reason of involuntary relinquishment of office.
In the present case, petitioner Latasa was, without a doubt, duly elected
as mayor in the May 1998 elections. Can he then be construed as having
involuntarily relinquished his office by reason of the conversion of Digos
from municipality to city? This Court believes that he did involuntarily
relinquish his office as municipal mayor since the said office has been
deemed abolished due to the conversion. However, the very instant he
vacated his office as municipal mayor, he also assumed office as city
mayor. Unlike in Lonzanida, where petitioner therein, for even just a short
period of time, stepped down from office, petitioner Latasa never ceased
from acting as chief executive of the local government unit. He never
ceased from discharging his duties and responsibilities as chief executive
of Digos.
In Adormeo v. COMELEC,[41][20] this Court was confronted with the issue
of whether or not an assumption to office through a recall election should
be considered as one term in applying the three-term limit rule. Private
respondent, in that case, was elected and served for two consecutive terms
as mayor. He then ran for his third term in the May 1998 elections, but lost
to his opponent. In June 1998, his opponent faced recall proceedings and
in the recall elections of May 2000, private respondent won and served for
the unexpired term. For the May 2001 elections, private respondent filed
his certificate of candidacy for the office of mayor. This was questioned on
the ground that he had already served as mayor for three consecutive
terms. This Court held therein that private respondent cannot be construed
as having been elected and served for three consecutive terms. His loss in
the May 1998 elections was considered by this Court as an interruption in
the continuity of his service as mayor. For nearly two years, private
respondent therein lived as a private citizen. The same, however, cannot
be said of petitioner Latasa in the present case.
Finally, in Socrates v. COMELEC,[42][21] the principal issue was whether
or not private respondent Edward M. Hagedorn was qualified to run during
the recall elections. Therein respondent Hagedorn had already served for
three consecutive terms as mayor from 1992 until 2001 and did not run in
the immediately following regular elections. On July 2, 2002, the barangay
officials of Puerto Princesa convened themselves into a Preparatory Recall
Assembly to initiate the recall of the incumbent mayor, Victorino Dennis M.
Socrates. On August 23, 2002, respondent Hagedorn filed his certificate of
candidacy for mayor in the recall election. A petition for his disqualification
was filed on the ground that he cannot run for the said post during the
recall elections for he was disqualified from running for a fourth consecutive
term. This Court, however, ruled in favor of respondent Hagedorn, holding
that the principle behind the three-term limit rule is to prevent
consecutiveness of the service of terms, and that there was in his case a
break in such consecutiveness after the end of his third term and before the
recall election.
It is evident that in the abovementioned cases, there exists a rest period
or a break in the service of the local elective official. InLonzanida,
petitioner therein was a private citizen a few months before the next
mayoral elections. Similarly, in Adormeo and Socrates, the private
respondents therein lived as private citizens for two years and fifteen
months respectively. Indeed, the law contemplates a rest period during
which the local elective official steps down from office and ceases to
exercise power or authority over the inhabitants of the territorial jurisdiction
of a particular local government unit.
This Court reiterates that the framers of the Constitution specifically
included an exception to the peoples freedom to choose those who will
govern them in order to avoid the evil of a single person accumulating
excessive power over a particular territorial jurisdiction as a result of a
prolonged stay in the same office. To allow petitioner Latasa to vie for the
position of city mayor after having served for three consecutive terms as a
municipal mayor would obviously defeat the very intent of the framers when
they wrote this exception. Should he be allowed another three consecutive
terms as mayor of the City of Digos, petitioner would then be possibly
holding office as chief executive over the same territorial jurisdiction and
inhabitants for a total of eighteenconsecutive years. This is the very
scenario sought to be avoided by the Constitution, if not abhorred by it.
Finally, respondent Sunga claims that applying the principle in Labo v.
COMELEC,[43][22] he should be deemed the mayoralty candidate with the
highest number of votes. On the contrary, this Court held inLabo that the
disqualification of a winning candidate does not necessarily entitle the
candidate with the highest number of votes to proclamation as the winner
of the elections. As an obiter, the Court merely mentioned that the rule
would have been different if the electorate, fully aware in fact and in law of
a candidates disqualification so as to bring such awareness within the
realm of notoriety, would nonetheless cast their votes in favor of the
ineligible candidate. In such case, the electorate may be said to have
waived the validity and efficacy of their votes by notoriously misapplying
their franchise or throwing away their votes, in which case, the eligible
candidate obtaining the next higher number of votes may be deemed
elected. The same, however, cannot be said of the present case.
This Court has consistently ruled that the fact that a plurality or a majority of
the votes are cast for an ineligible candidate at a popular election, or that a
candidate is later declared to be disqualified to hold office, does not entitle
the candidate who garnered the second highest number of votes to be
declared elected. The same merely results in making the winning
candidates election a nullity.[44][23] In the present case, moreover, 13,650
votes were cast for private respondent Sunga as against the 25,335 votes
cast for petitioner Latasa.[45][24] The second placer is obviously not the
choice of the people in that particular election. In any event, a permanent
vacancy in the contested office is thereby created which should be filled by
succession.[46][25] LATASA V. COMELEC, 154829, DEC. 10, 2003