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  • 313 Ma Victoria vs. Comelec

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    Carissa Cruz
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    Due to the suspension of Governor Romeo Salalima of the Province of Albay, Vice-Governor Danilo Azana assumed the power, leaving vacant his post as vice-governor. Jesus James Calisin was designated as acting Vice-Governor, certifying him as first ranking member with petitioner Juan Victoria of District 2 as second ranking. Victoria contested this, arguing that ranking should be based on the proportion of actual voters rather than total registered voters. However, the SC ruled that the law clearly states ranking must be based on the proportion of votes to total registered voters. The Court cannot interpret but must apply the clear language of the law.

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    Due to the suspension of Governor Romeo Salalima of the Province of Albay, Vice-Governor Danilo Azana assumed the power, leaving vacant his post as vice-governor. Jesus James Calisin was designated as acting Vice-Governor, certifying him as first ranking member with petitioner Juan Victoria of District 2 as second ranking. Victoria contested this, arguing that ranking should be based on the proportion of actual voters rather than total registered voters. However, the SC ruled that the law clearly states ranking must be based on the proportion of votes to total registered voters. The Court cannot interpret but must apply the clear language of the law.

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    67 views2 pages

    313 Ma Victoria vs. Comelec

    Uploaded by

    Carissa Cruz
    Due to the suspension of Governor Romeo Salalima of the Province of Albay, Vice-Governor Danilo Azana assumed the power, leaving vacant his post as vice-governor. Jesus James Calisin was designated as acting Vice-Governor, certifying him as first ranking member with petitioner Juan Victoria of District 2 as second ranking. Victoria contested this, arguing that ranking should be based on the proportion of actual voters rather than total registered voters. However, the SC ruled that the law clearly states ranking must be based on the proportion of votes to total registered voters. The Court cannot interpret but must apply the clear language of the law.

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    © All Rights Reserved
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    of 2

    VICTORIA vs.

    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.

    RULING: WHEREFORE, the petition is DISMISSED.


    DOCTRINE: Under the principles of statutory construction, if a statue is clear,
    plain and free from ambiguity, it must be given it literal meaning and applied
    without attempted interpretation. RATIO:

    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.

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