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permanently incapacitated to discharge the

NOLASCO vs. COMELEC Case Digest functions of his office) in the Offices of the
NOLASCO vs. COMELEC Governor, Vice Governor, Mayor, and Vice
275 SCRA 762 Mayor are governed by Section 44, Chapter 2
of the Local Government Code of 1991 and
If the judgment for disqualification is still Article 38 of the Rules and Regulations
unresolved or has not yet attained its implementing the Local Government Code of
finality before election 1991. Vice-Mayor Edgardo C. Nolasco was
adjudged as Mayor of Meycauayan, Bulacan in
Suspension of proclamation view of the disqualification of mayor-elect
Florentino P. Blanco.
Facts: Florentino P. Blanco and Eduado A.
Alarilla both vied for the mayoral position of
Meycauayan, Bulacan during the election held
8 May 1995. Blanco garnered the highest
number of votes. Edgardo Nolasco was elected
vice-mayor. On 9 May, Alarilla filed with the
Comelec a petition to disqualify Blanco on
grounds that the latter committed acts in
violation of Section 68 of the Omnibus Election
Code, i.e. for giving money to influence, induce
or corrupt the voters or public officials
performing election functions; for committing
acts of terrorism to enhance his candidacy; and
for spending in his election campaign an
amount in excess of that allowed by the
Election Code (P10 million against 97,000
registered voters). On 15 August, the Comelec
disqualified Blanco on the ground of vote-
buying and ordered the Board of Canvassers
of Meycauayan, Bulacan to reconvene and to
determine the winner out of the remaining
qualified candidates who shall be immediately
proclaimed. Blanco moved for reconsideration
while Nolasco, as vice mayor, intervened in the
proceedings. Nolasco urged that as vice-mayor
he should be declared mayor in the event
Blanco was finally disqualified. Both motions
were denied. Hence, the petition for certiorari.

Issue: Whether the disqualification of the


mayor-elect warrants the declaration of any of
the remaining qualified mayoral candidates,
upon the canvassing of votes, as mayor.

Held: In a mayoralty election, the candidate


who obtained the second highest number of
votes cannot be proclaimed winner in case the
winning candidate is disqualified. Permanent
vacancies (i.e. when an elective local official
fills a higher vacant office, refuses to assume
office, fails to qualify, dies, is removed from
office, voluntarily resigns, or is otherwise