8. LANOT v.

PEOPLE justifying the annulment of the order to disqualify Eusebio and the referral
G.R. No. 164858 / November 16, 2006 of the case to the Law Department for preliminary investigation.
By: Sarah Zurita ● During the pendency of the case, Lanot was shot and killed in Pasig City.
Topic: withdrawal of candidates ● Benavides, a Pasig City mayoral candidate and the 3rd placer in the elections, filed a
Petitioners: HENRY P. LANOT, substituted by MARIO S. RAYMUNDO, Petitioner, petition-in-intervention.
CHARMIE Q. BENAVIDES, Petitioner-Intervenor ○ Benavides asked whether she could be proclaimed Pasig City Mayor
Respondents: COMMISSION ON ELECTIONS and VICENTE P. EUSEBIO because she is the surviving qualified candidate with the highest number
Ponente: Carpio of votes among the remaining candidates.
FACTS:
ISSUE/HELD: W/N death extinguishes the disqualification case? NO
● Petitioners (Lanot, Obispo, Peralta, dela Paz, Yamat & Cruz) filed a petition for
● The law and the COMELEC rules have clear pronouncements that the electoral aspect
disqualification against Eusebio under Secs. 68 & 80 of the OEC.
of a disqualification case is not rendered inutile by the death of petitioner, provided
○ Lanot, Obispo, and Eusebio - candidates for Pasig City Mayor
that there is a proper substitution or intervention of parties while there is a pending
○ Peralta, dela Paz, Yamat, and Cruz - candidates for Pasig City Councilor
case.
● Petitioners alleged that Eusebio engaged in an election campaign in various forms
○ Lanot’s counsel manifested, over Eusebio’s objections, that Raymundo, a
on various occasions outside of the designated campaign period:
registered voter and former Mayor of Pasig City, is Lanot’s substitute in
○ addressing a large group of people during a medical mission sponsored by
this case.
the Pasig City government; uttering defamatory statements against Lanot;
○ On Raymundo’s substitution, any citizen of voting age is competent to
causing the publication of a press release predicting his victory; installing
continue the action in Lanot’s stead.
billboards, streamers, posters, and stickers printed with his surname
● On Benavides’ intervention, Section 6 of the Electoral Reforms Law of 1987, allows
across Pasig City; distributing shoes to school children in Pasig public
intervention in proceedings for disqualification even after elections if no final
schools to induce their parents to vote for him.
judgment has been rendered.
● Eusebio denied petitioners’ allegations, branded the petition as a harassment case
○ Although Eusebio was already proclaimed as Pasig City Mayor, Benavides
and that petitioner's’ evidence are merely fabricated.
could still intervene, as there was still no final judgment in the proceedings
● Regional Director Ladra RULED: Eusebio is disqualified
for disqualification.
● COMELEC RULED: affirmed Eusebio’s disqualification.
● DOCTRINE: General Rule: The case for disqualification exists, and survives, the
● 2 days before the elections, Chairman Abalos informed the pertinent officers of the
election and proclamation of the winning candidate because an outright dismissal
said disqualification
will unduly reward the challenged candidate and may even encourage him to employ
○ Eusebio filed MR.
delaying tactics to impede the resolution of the disqualification case until after he
● On election day itself, Chairman Abalos issued the 1st of the 3 questioned COMELEC
has been proclaimed.
issuances.
○ XPN: when the challenged candidate becomes a member of the House of
○ In a memorandum, Chairman Abalos enjoined Director Ladra from
Representatives or of the Senate, where the appropriate electoral tribunal
implementing the COMELEC ruling due to Eusebio’s MR.
would have jurisdiction.
● The day AFTER the elections, PETITIONERS filed before the COMELEC En Banc a
○ There is no law or jurisprudence which says that intervention or
motion to suspend the counting and canvassing of votes and the proclamation of
substitution may only be done prior to the proclamation of the winning
the winning mayoral candidate for Pasig City.
candidate.
○ Without waiting for Eusebio’s opposition, the COMELEC En Banc partially
○ A substitution is not barred by prescription because the action was filed on
denied the motion on the same day.
time by the person who died and who is being substituted. The same
● The day after the denial of Petitioner’s motion, Eusebio filed his opposition.
rationale applies to a petition-in-intervention
● the COMELEC En Banc issued the 2nd questioned issuance:
○ 98% of the total returns of Pasig City had been canvassed and that there
ISSUE/HELD: W/N COMELEC committed GADALEJ?
were only 32 uncanvassed returns involving 6,225 registered voters.
● Suspension of these proceedings is tantamount to an implementation of the
○ Eusebio had 119,693 votes while Lanot had 108,941 votes.
COMELEC ruling which had not yet become final and executory by reason of the
○ Thus, the remaining returns would not affect Eusebio’s lead over Lanot.
timely filing of a Motion for Reconsideration thereof. A disposition that has not yet
○ Proclaimed Eusebio as Pasig City Mayor.
attained finality cannot be implemented even through indirect means.
● Lanot filed a motion to annul Eusebio’s proclamation and to order his proclamation.
○ Chairman Abalos’ memorandum is merely an advisory required by the
● COMELEC En Banc promulgated the 3rd questioned issuance:
circumstances at the time. Eusebio filed MR the day prior, and there was
○ invoked Section 1 of COMELEC Resolution 2050 and this Court’s rulings in
not enough time to resolve the MR before the elections.
Albaña v. COMELEC, Lonzanida v. COMELEC, and Sunga v. COMELEC in
 ● Therefore, Eusebio was not yet disqualified by final judgment at the time of the
elections.
○ Sec. 6 of the Electoral Reforms Law of 1987: "[a] candidate who has been
declared by final judgment to be disqualified shall not be voted for, and
○
○ the votes cast for him shall not be counted."
○ Sec. 13 of the COMELEC Rules of Procedure: a decision or resolution of a
Division in a special action becomes final and executory after the lapse of
fifteen days following its promulgation while a decision or resolution of the
COMELEC En Banc becomes final and executory after five days from its
promulgation unless restrained by this Court.
● The COMELEC has the discretion to suspend the proclamation of the winning
candidate during the pendency of a disqualification case when evidence of his guilt
is strong.
○ However, an order suspending the proclamation of a winning candidate
against whom a disqualification case is filed is merely provisional in nature
and can be lifted when warranted by the evidence.

WHEREFORE, we DISMISS the petition. We find no grave abuse of discretion in the 10 May
2004 Advisory of Chairman Benjamin S. Abalos and in the 21 May 2004 Order of the
Commission on Elections En Banc. We SET ASIDE the 20 August 2004 Resolution of the
Commission En Banc since respondent Vicente P. Eusebio did not commit any act which would
disqualify him as a candidate in the 10 May 2004 elections.