313 Ma Victoria vs. Comelec
313 Ma Victoria vs. Comelec
COMELEC (MIEKO) Albay, Vice-Governor Danilo Azana assumed the power, leaving vacant his
post as vice-governor.
January 10, 1994 | QUIASON, J.. | adherence to, or departure from, language of On February 15, 1993, DILG Secretary Rafael M. Alunan III designated
statute - literal interpretation - plain meaning rule Jesus James Calisin as acting Vice-Governor, certifying him as first ranking
member with petitioner Juan Victoria of District 2 as second ranking. This
PETITIONER: JUAN D. VICTORIA
was based on the number of votes obtained previously.
RESPONDENTS: THE COMMISSION ON ELECTIONS and JESUS JAMES Petitioner filed a motion for reconsideration which was denied on February
CALISIN 22, 1993. Hence, petitioner filed a petition for certiorari under Rule 65 of
the Rules of Court.
Petitioner claims that the ranking of the Sanggunian members should not
only be based on the number of votes obtained in relation to the total
SUMMARY: Due to the suspension of Governor Romeo Salalima of the number of registered voters, but also on the number of voters in the district
Province of Albay, Vice-Governor Danilo Azana assumed the power, leaving who actually voted therein. He further argues that a district may have a
vacant his post as vice-governor. Jesus James Calisin was designated as acting large number of registered voters but only a few actually voted, in which
Vice-Governor, certifying him as first ranking member with petitioner Juan case the winning candidate would register a low percentage of the number
Victoria of District 2 as second ranking. Victoria contested that the ranking of of votes obtained. Conversely, a district may have a smaller number of
the Sanggunian members should not only be based on the number of votes registered voters but may have a big voters' turn-out, in which case the
obtained in relation to the total number of registered voters, but also on the winning candidate would get a higher percentage of the votes. Applying his
number of voters in the district who actually voted therein. The SC ruled that formula, petitioner would come out to be the highest ranking Sanggunian
the ranking in the Sanggunian shall be determined on the basis of the proportion member.
of the votes obtained by each winning candidate of the total number of ISSUE/s:
registered voters who actually voted. The Court has no recourse but to merely
apply the law. 1. WON the Victoria’s claim is correct – No.
1. The law is clear that the ranking in the Sanggunian shall be determined on
FACTS: the basis of the proportion of the votes obtained by each winning candidate
of the total number of registered voters who actually voted. The Court has
This is petition for certiorari, under Rule 65 of the Revised Rules of Court no recourse but to merely apply the law.
in relation to Section 2, Article IX of the Constitution, to set aside (a) the 2. Under the principles of statutory construction, if a statue is clear, plain and
Resolution of the Commission on Elections (COMELEC) dated January 22, free from ambiguity, it must be given it literal meaning and applied without
1993, which certified respondent James Calisin as the highest ranking attempted interpretation.
member of the Sangguniang Panlalawigan of the Province of Albay and (b) 3. Petitioner's contention is therefore untenable considering the clear mandate
its Resolution dated February 22, 1993, which denied the motion for of the law, which leaves no room for other interpretation but it must very
reconsideration of petitioner. well be addressed to the legislative branch and not to this Court which has
Due to the suspension of Governor Romeo Salalima of the Province of no power to change the law.