Professional Documents
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Talaga v. Comelec
Talaga v. Comelec
196804 October 9, 2012 Four days later, or on December 5, 2009, Castillo filed with
the COMELEC a petition denominated as In the Matter of the
MAYOR BARBARA RUBY C. TALAGA, Petitioner, Petition to Deny Due Course to or Cancel Certificate of
vs. Candidacy of Ramon Y. Talaga, Jr. as Mayor for Having
COMMISSION ON ELECTIONS and RODERICK A. Already Served Three (3) Consecutive Terms as a City Mayor
ALCALA, Respondents. of Lucena, which was docketed as SPA 09-029 (DC).4 He
alleged therein that Ramon, despite knowing that he had been
BERSAMIN, J.: elected and had served three consecutive terms as Mayor of
Lucena City, still filed his CoC for Mayor of Lucena City in
the May 10, 2010 national and local elections.
In focus in these consolidated special civil actions are the
disqualification of a substitute who was proclaimed the winner
of a mayoralty election; and the ascertainment of who should The pertinent portions of Castillo’s petition follow:
assume the office following the substitute’s disqualification.
1. Petitioner is of legal age, Filipino,
The consolidated petitions for certiorari seek to annul and set married, and a resident of Barangay Mayao
aside the En Banc Resolution issued on May 20, 2011 in SPC Crossing, Lucena City but may be served
No. 10-024 by the Commission on Elections (COMELEC), the with summons and other processes of this
dispositive portion of which states: Commission at the address of his counsel at
624 Aurora Blvd., Lucena City 4301;
WHEREFORE, judgment is hereby rendered:
2. Respondent Ramon Y. Talaga, Jr. is
likewise of legal age, married, and a resident
1. REVERSING and SETTING ASIDE the of Barangay Ibabang Iyam, Lucena City and
January 11, 2011 Resolution of the Second with postal address at the Office of the City
Division; Mayor, City Hall, Lucena City, where he
may be served with summons and other
2. GRANTING the petition in intervention processes of this Commission;
of Roderick A. Alcala;
3. Petitioner, the incumbent city vice-mayor
3. ANNULLING the election and of Lucena having been elected during the
proclamation of respondent Barbara C. 2007 local elections, is running for city
Talaga as mayor of Lucena City and mayor of Lucena under the Liberal party this
CANCELLING the Certificate of Canvass coming 10 May 2010 local elections and has
and Proclamation issued therefor; filed his certificate of candidacy for city
mayor of Lucena;
4. Ordering respondent Barbara Ruby
Talaga to cease and desist from discharging 4. Respondent was successively elected
the functions of the Office of the Mayor; mayor of Lucena City in 2001, 2004, and
2007 local elections based on the records of
5. In view of the permanent vacancy in the the Commission on Elections of Lucena City
Office of the Mayor of Lucena City, the and had fully served the aforesaid three (3)
proclaimed Vice-Mayor is ORDERED to terms without any voluntary and involuntary
succeed as Mayor as provided under Section interruption;
44 of the Local Government Code;
5. Except the preventive suspension imposed
6. DIRECTING the Clerk of Court of the upon him from 13 October 2005 to 14
Commission to furnish copies of this November 2005 and from 4 September 2009
Resolution to the Office of the President of to 30 October 2009 pursuant to
the Philippines, the Department of Interior Sandiganbayan 4th Division Resolution in
and Local Government, the Department of Criminal Case No. 27738 dated 3 October
Finance and the Secretary of the 2005, the public service as city mayor of the
Sangguniang Panglunsod of Lucena City. respondent is continuous and uninterrupted
under the existing laws and jurisprudence;
Let the Department of Interior and Local Government and the
Regional Election Director of Region IV of COMELEC 6. There is no law nor jurisprudence to
implement this resolution. justify the filing of the certificate of
candidacy of the respondent, hence, such act
SO ORDERED.1 is outrightly unconstitutional, illegal, and
highly immoral;
Antecedents
7. Respondent, knowing well that he was
elected for and had fully served three (3)
On November 26, 2009 and December 1, 2009, Ramon Talaga
consecutive terms as a city mayor of
(Ramon) and Philip M. Castillo (Castillo) respectively filed
Lucena, he still filed his Certificate of
their certificates of candidacy (CoCs) for the position of
Candidacy for City Mayor of Lucena for this
Mayor of Lucena City to be contested in the scheduled May
coming 10 May 2010 national and local
10, 2010 national and local elections.2
elections;
Ramon, the official candidate of the Lakas-Kampi-
CMD,3 declared in his CoC that he was eligible for the office
he was seeking to be elected to.
8. Under the Constitution and existing 5. Clearly, there was no misrepresentation on the part of
Election Laws, New Local Government respondent as would constitute a ground for the denial of due
Code of the Philippines, and jurisprudence course to and/or the cancellation of respondent’s certificate of
the respondent is no longer entitled and is candidacy at the time he filed the same. Petitioner’s ground for
already disqualified to be a city mayor for the denial of due course to and/or the cancellation of
the fourth consecutive term; respondent’s certificate of candidacy thus has no basis, in fact
and in law, as there is no ground to warrant such relief under
9. The filing of the respondent for the the Omnibus Election Code and/or its implementing laws.
position of city mayor is highly improper,
unlawful and is potentially injurious and 6. Pursuant, however, to the new ruling of the Supreme Court
prejudicial to taxpayers of the City of in respect of the issue on the three (3)-term limitation,
Lucena; and respondent acknowledges that he is now DISQUALIFIED to
run for the position of Mayor of Lucena City having served
10. It is most respectfully prayed by the three (3) (albeit interrupted) terms as Mayor of Lucena City
petitioner that the respondent be declared prior to the filing of his certificate of candidacy for the 2010
disqualified and no longer entitled to run in elections.
public office as city mayor of Lucena City
based on the existing law and 7. In view of the foregoing premises and new jurisprudence on
jurisprudence.5 the matter, respondent respectfully submits the present case
for decision declaring him as DISQUALIFIED to run for the
The petition prayed for the following reliefs, to wit: position of Mayor of Lucena City.9
WHEREFORE, premises considered, it is respectfully prayed Notwithstanding his express recognition of his disqualification
that the Certificate of Candidacy filed by the respondent be to run as Mayor of Lucena City in the May 10, 2010 national
denied due course to or cancel the same and that he be and local elections, Ramon did not withdraw his CoC.
declared as a disqualified candidate under the existing Election
Laws and by the provisions of the New Local Government Acting on Ramon’s Manifestation with Motion to Resolve, the
Code.6 (Emphasis supplied.) COMELEC First Division issued a Resolution on April 19,
2010,10 disposing as follows:
Ramon countered that that the Sandiganbayan had
preventively suspended him from office during his second and WHEREFORE, premises considered, the instant Petition is
third terms; and that the three-term limit rule did not then hereby GRANTED. Accordingly, Ramon Y. Talaga, Jr. is
apply to him pursuant to the prevailing jurisprudence7 to the hereby declared DISQUALIFIED to run for Mayor of Lucena
effect that an involuntary separation from office amounted to City for the 10 May 2010 National and Local Elections.
an interruption of continuity of service for purposes of the
application of the three-term limit rule. SO ORDERED.
In the meantime, on December 23, 2009, the Court Initially, Ramon filed his Verified Motion for Reconsideration
promulgated the ruling in Aldovino, Jr. v. Commission on against the April 19, 2010 Resolution of the COMELEC First
Elections,8 holding that preventive suspension, being a mere Division.11 Later on, however, he filed at 9:00 a.m. of May 4,
temporary incapacity, was not a valid ground for avoiding the 2010 an Ex-parte Manifestation of Withdrawal of the Pending
effect of the three-term limit rule. Thus, on December 30, Motion for Reconsideration.12 At 4:30 p.m. on the same date,
2009, Ramon filed in the COMELEC a Manifestation with Barbara Ruby filed her own CoC for Mayor of Lucena City in
Motion to Resolve, taking into account the intervening ruling substitution of Ramon, attaching thereto the Certificate of
in Aldovino. Relevant portions of his Manifestation with Nomination and Acceptance (CONA) issued by Lakas-Kampi-
Motion to Resolve are quoted herein, viz: CMD, the party that had nominated Ramon.13
4. When respondent filed his certificate of candidacy for the On May 5, 2010, the COMELEC En Banc, acting on Ramon’s
position of Mayor of Lucena City, the rule that ‘where the Ex parte Manifestation of Withdrawal, declared the
separation from office is caused by reasons beyond the control COMELEC First Division’s Resolution dated April 19, 2010
of the officer – i.e. involuntary – the service of term is deemed final and executory.14
interrupted’ has not yet been overturned by the new ruling of
the Supreme Court. As a matter of fact, the prevailing rule On election day on May 10, 2010, the name of Ramon
then of the Honorable Commission in [sic] respect of the three remained printed on the ballots but the votes cast in his favor
(3)-term limitation was its decision in the case of Aldovino, et were counted in favor of Barbara Ruby as his substitute
al. vs. Asilo where it stated: candidate, resulting in Barbara Ruby being ultimately credited
with 44,099 votes as against Castillo’s 39,615 votes.15
"Thus, even if respondent was elected during the 2004
elections, which was supposedly his third and final term as Castillo promptly filed a petition in the City Board of
city councilor, the same cannot be treated as a complete Canvassers (CBOC) seeking the suspension of Barbara Ruby’s
service or full term in office since the same was interrupted proclamation.16
when he was suspended by the Sandiganbayan Fourth
Division. And the respondent actually heeded the suspension
order since he did not receive his salary during the period It was only on May 13, 2010 when the COMELEC En Banc,
October 16-31 and November 1-15 by reason of his actual upon the recommendation of its Law Department,17 gave due
suspension from office. And this was further bolstered by the course to Barbara Ruby’s CoC and CONA through Resolution
fact that the DILG issued a No. 8917, thereby including her in the certified list of
candidates.18 Consequently, the CBOC proclaimed Barbara
Ruby as the newly-elected Mayor of Lucena City.19
Memorandum directing him, among others, to reassume his
position." (Emphasis supplied.)
On May 20, 2010, Castillo filed a Petition for Annulment of
Proclamation with the COMELEC,20 docketed as SPC 10-
024. He alleged that Barbara Ruby could not substitute Ramon
because his CoC had been cancelled and denied due course; even the BEI can receive a CoC of a substitute candidate in
and Barbara Ruby could not be considered a candidate case the cause for the substitution happened between the day
because the COMELEC En Banc had approved her before the election and mid-day of election day. Thus, even if
substitution three days after the elections; hence, the votes cast the approval of the substitution was made after the election,
for Ramon should be considered stray. the substitution became effective on the date of the filing of
the CoC with the Certificate of Nomination and Acceptance.
In her Comment on the Petition for Annulment of
Proclamation,21 Barbara Ruby maintained the validity of her There being no irregularity in the substitution by Ruby of
substitution. She countered that the COMELEC En Banc did Ramon as candidate for mayor of Lucena City, the counting of
not deny due course to or cancel Ramon’s COC, despite a the votes of Ramon in favor of Ruby is proper. The
declaration of his disqualification, because there was no proclamation, thus, of Ruby as mayor elect of Lucena City is
finding that he had committed misrepresentation, the ground in order. Hence, we find no cogent reason to annul the
for the denial of due course to or cancellation of his COC. She proclamation of respondent Barbara Ruby C. Talaga as the
prayed that with her valid substitution, Section 12 of Republic duly elected Mayor of the City of Lucena after the elections
Act No. 900622 applied, based on which the votes cast for conducted on May 10, 2010.25
Ramon were properly counted in her favor.
Acting on Castillo and Alcala’s respective motions for
On July 26, 2010, Roderick Alcala (Alcala), the duly-elected reconsideration, the COMELEC En Banc issued the assailed
Vice Mayor of Lucena City, sought to intervene,23 positing Resolution dated May 20, 2011 reversing the COMELEC
that he should assume the post of Mayor because Barbara Second Division’s ruling.26
Ruby’s substitution had been invalid and Castillo had clearly
lost the elections. Pointing out that: (a) Resolution No. 8917 did not attain
finality for being issued without a hearing as a mere incident
On January 11, 2011, the COMELEC Second Division of the COMELEC’s ministerial duty to receive the COCs of
dismissed Castillo’s petition and Alcala’s petition-in- substitute candidates; (b) Resolution No. 8917 was based on
intervention,24 holding: the wrong facts; and (c) Ramon’s disqualification was
resolved with finality only on May 5, 2010, the COMELEC
In the present case, Castillo was notified of Resolution 8917 En Banc concluded that Barbara Ruby could not have properly
on May 13, 2010 as it was the basis for the proclamation of substituted Ramon but had simply become an additional
Ruby on that date. He, however, failed to file any action candidate who had filed her COC out of time; and held that
within the prescribed period either in the Commission or the Vice Mayor Alcala should succeed to the position pursuant to
Supreme Court assailing the said resolution. Thus, the said Section 44 of the Local Government Code (LGC).27
resolution has become final and executory. It cannot anymore
be altered or reversed. Issues
Having been disqualified only, the doctrine laid down in The filing of a CoC within the period provided by law is a
Miranda v. Abaya is not applicable. Ramon was rightly mandatory requirement for any person to be considered a
substituted by Ruby. As such, the votes for Ramon cannot be candidate in a national or local election. This is clear from
considered as stray votes but should be counted in favor of Section 73 of the Omnibus Election Code, to wit:
Ruby since the substituted and the substitute carry the same
surname – Talaga, as provided in Section 12 of Republic Act Section 73. Certificate of candidacy — No person shall be
No. 9006. eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
xxxx
Section 74 of the Omnibus Election Code specifies the
Moreover, there is no provision in the Omnibus Election Code contents of a COC, viz:
or any election laws for that matter which requires that the
substitution and the Certificate of Candidacy of the substitute Section 74. Contents of certificate of candidacy.—The
should be approved and given due course first by the certificate of candidacy shall state that the person filing it is
Commission or the Law Department before it can be announcing his candidacy for the office stated therein and that
considered as effective. All that Section 77 of the Omnibus he is eligible for said office; if for Member of the Batasang
Election Code as implemented by Section 13 of Resolution Pambansa, the province, including its component cities, highly
No. 8678 requires is that it should be filed with the proper urbanized city or district or sector which he seeks to represent;
office. The respondent is correct when she argued that in fact the political party to which he belongs; civil status; his date of
birth; residence; his post office address for all election (1) A candidate may not be qualified to run
purposes; his profession or occupation; that he will support for election but may have filed a valid CoC;
and defend the Constitution of the Philippines and will
maintain true faith and allegiance thereto; that he will obey the (2) A candidate may not be qualified and at
laws, legal orders, and decrees promulgated by the duly the same time may not have filed a valid
constituted authorities; that he is not a permanent resident or CoC; and
immigrant to a foreign country; that the obligation imposed by
his oath is assumed voluntarily, without mental reservation or (3) A candidate may be qualified but his
purpose of evasion; and that the facts stated in the certificate CoC may be denied due course or cancelled.
of candidacy are true to the best of his knowledge. x x x
In the event that a candidate is disqualified to run for a public
The evident purposes of the requirement for the filing of CoCs office, or dies, or withdraws his CoC before the elections,
and in fixing the time limit for filing them are, namely: (a) to Section 77 of the Omnibus Election Code provides the option
enable the voters to know, at least 60 days prior to the regular of substitution, to wit:
election, the candidates from among whom they are to make
the choice; and (b) to avoid confusion and inconvenience in
the tabulation of the votes cast. If the law does not confine to Section 77. Candidates in case of death, disqualification or
the duly-registered candidates the choice by the voters, there withdrawal. — If after the last day for the filing of certificates
may be as many persons voted for as there are voters, and of candidacy, an official candidate of a registered or accredited
votes may be cast even for unknown or fictitious persons as a political party dies, withdraws or is disqualified for any cause,
mark to identify the votes in favor of a candidate for another only a person belonging to, and certified by, the same political
office in the same election.28 Moreover, according to Sinaca party may file a certificate of candidacy to replace the
v. Mula,29 the CoC is: candidate who died, withdrew or was disqualified. The
substitute candidate nominated by the political party
concerned may file his certificate of candidacy for the office
x x x in the nature of a formal manifestation to the whole affected in accordance with the preceding sections not later
world of the candidate’s political creed or lack of political than mid-day of the day of the election. If the death,
creed. It is a statement of a person seeking to run for a public withdrawal or disqualification should occur between the day
office certifying that he announces his candidacy for the office before the election and mid-day of election day, said
mentioned and that he is eligible for the office, the name of the certificate may be filed with any board of election inspectors
political party to which he belongs, if he belongs to any, and in the political subdivision where he is a candidate, or, in the
his post-office address for all election purposes being as well case of candidates to be voted for by the entire electorate of
stated. the country, with the Commission.
Accordingly, a person’s declaration of his intention to run for Nonetheless, whether the ground for substitution is death,
public office and his affirmation that he possesses the withdrawal or disqualification of a candidate, Section 77 of the
eligibility for the position he seeks to assume, followed by the Omnibus Election Code unequivocally states that only an
timely filing of such declaration, constitute a valid CoC that official candidate of a registered or accredited party may be
render the person making the declaration a valid or official substituted.
candidate.
Considering that a cancelled CoC does not give rise to a valid
There are two remedies available to prevent a candidate from candidacy,33 there can be no valid substitution of the
running in an electoral race. One is through a petition for candidate under Section 77 of the Omnibus Election Code. It
disqualification and the other through a petition to deny due should be clear, too, that a candidate who does not file a valid
course to or cancel a certificate of candidacy. The Court CoC may not be validly substituted, because a person without
differentiated the two remedies in Fermin v. Commission on a valid CoC is not considered a candidate in much the same
Elections,30 thuswise: way as any person who has not filed a CoC is not at all a
candidate.34
x x x A petition for disqualification, on the one hand, can be
premised on Section 12 or 68 of the Omnibus Election Code, Likewise, a candidate who has not withdrawn his CoC in
or Section 40 of the Local Government Code. On the other accordance with Section 73 of the Omnibus Election Code
hand, a petition to deny due course to or cancel a CoC can may not be substituted. A withdrawal of candidacy can only
only be grounded on a statement of a material representation give effect to a substitution if the substitute candidate submits
in the said certificate that is false. The petitions also have prior to the election a sworn CoC as required by Section 73 of
different effects. While a person who is disqualified under the Omnibus Election Code.35
Section 68 is merely prohibited to continue as a candidate, the
person whose certificate is cancelled or denied due course
under Section 78 is not treated as a candidate at all, as if 2.
he/she never filed a CoC.31
Declaration of Ramon’s disqualification
Inasmuch as the grounds for disqualification under Section 68 rendered his CoC invalid; hence, he was not
of the Omnibus Election Code (i.e., prohibited acts of a valid candidate to be properly substituted
candidates, and the fact of a candidate’s permanent residency
in another country when that fact affects the residency In the light of the foregoing rules on the CoC, the Court
requirement of a candidate) are separate and distinct from the concurs with the conclusion of the COMELEC En Banc that
grounds for the cancellation of or denying due course to a the Castillo petition in SPA 09-029 (DC) was in the nature of a
COC (i.e., nuisance candidates under Section 69 of the petition to deny due course to or cancel a CoC under Section
Omnibus Election Code; and material misrepresentation under 78 of the Omnibus Election Code.
Section 78 of the Omnibus Election Code), the Court has
recognized in Miranda v. Abaya32 that the following In describing the nature of a Section 78 petition, the Court said
circumstances may result from the granting of the petitions, to in Fermin v. Commission on Elections:36
wit:
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 CoC has been denied due course or cancelled under Section 78
material representation that is false, which may relate to the cannot be substituted because he is not considered a
qualifications required of the public office he/she is running candidate.1âwphi1
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 To be sure, the cause of Ramon’s ineligibility (i.e., the three-
OEC, therefore, is to be read in relation to the constitutional term limit) is enforced both by the Constitution and statutory
and statutory provisions on qualifications or eligibility for law. Article X, Section 8 of the 1987 Constitution provides:
public office. If the candidate subsequently states a material
representation in the CoC that is false, the COMELEC, Section 8. The term of office of elective local officials, except
following the law, is empowered to deny due course to or barangay officials, which shall be determined by law, shall be
cancel such certificate. Indeed, the Court has already likened a three years and no such official shall serve for more than three
proceeding under Section 78 to a quo warranto proceeding consecutive terms. Voluntary renunciation of the office for
under Section 253 of the OEC since they both deal with the any length of time shall not be considered as an interruption in
eligibility or qualification of a candidate, with the distinction the continuity of his service for the full term for which he was
mainly in the fact that a "Section 78" petition is filed before elected.
proclamation, while a petition for quo warranto is filed after
proclamation of the winning candidate.
Section 43 of the Local Government Code reiterates the
constitutional three-term limit for all elective local officials, to
Castillo’s petition contained essential allegations pertaining to wit:
a Section 78 petition, namely: (a) Ramon made a false
representation in his CoC; (b) the false representation referred
to a material matter that would affect the substantive right of Section 43. Term of Office. – (a) x x x
Ramon as candidate (that is, the right to run for the election
for which he filed his certificate); and (c) Ramon made the (b) No local elective official shall serve for more than three (3)
false representation with the intention to deceive the electorate consecutive terms in the same position. Voluntary
as to his qualification for public office or deliberately renunciation of the office for any length of time shall not be
attempted to mislead, misinform, or hide a fact that would considered as an interruption in the continuity of service for
otherwise render him ineligible.37 The petition expressly the full term for which the elective official concerned was
challenged Ramon’s eligibility for public office based on the elected. (Emphasis supplied.)
prohibition stated in the Constitution and the Local
Government Code against any person serving three The objective of imposing the three-term limit rule was "to
consecutive terms, and specifically prayed that "the Certificate avoid the evil of a single person accumulating excessive
of Candidacy filed by the respondent Ramon be denied due power over a particular territorial jurisdiction as a result of a
course to or cancel the same and that he be declared as a prolonged stay in the same office." The Court underscored this
disqualified candidate."38 objective in Aldovino, Jr. v. Commission on
Elections,44 stating:
The denial of due course to or the cancellation of the CoC
under Section 78 involves a finding not only that a person x x x The framers of the Constitution specifically included an
lacks a qualification but also that he made a material exception to the people’s freedom to choose those who will
representation that is false.39 A petition for the denial of due govern them in order to avoid the evil of a single person
course to or cancellation of CoC that is short of the accumulating excessive power over a particular territorial
requirements will not be granted. In Mitra v. Commission on jurisdiction as a result of a prolonged stay in the same office.
Elections,40 the Court stressed that there must also be a To allow petitioner Latasa to vie for the position of city mayor
deliberate attempt to mislead, thus: after having served for three consecutive terms as a municipal
mayor would obviously defeat the very intent of the framers
The false representation under Section 78 must likewise be a when they wrote this exception. Should he be allowed another
"deliberate attempt to mislead, misinform, or hide a fact that three consecutive terms as mayor of the City of Digos,
would otherwise render a candidate ineligible." Given the petitioner would then be possibly holding office as chief
purpose of the requirement, it must be made with the intention executive over the same territorial jurisdiction and inhabitants
to deceive the electorate as to the would-be candidate’s for a total of eighteen consecutive years. This is the very
qualifications for public office. Thus, the misrepresentation scenario sought to be avoided by the Constitution, if not
that Section 78 addresses cannot be the result of a mere abhorred by it.
innocuous mistake, and cannot exist in a situation where the
intent to deceive is patently absent, or where no deception on To accord with the constitutional and statutory proscriptions,
the electorate results. The deliberate character of the Ramon was absolutely precluded from asserting an eligibility
misrepresentation necessarily follows from a consideration of to run as Mayor of Lucena City for the fourth consecutive
the consequences of any material falsity: a candidate who term. Resultantly, his CoC was invalid and ineffectual ab
falsifies a material fact cannot run; if he runs and is elected, he initio for containing the incurable defect consisting in his false
cannot serve; in both cases, he can be prosecuted for violation declaration of his eligibility to run. The invalidity and
of the election laws. inefficacy of his CoC made his situation even worse than that
of a nuisance candidate because the nuisance candidate may
It is underscored, however, that a Section 78 petition should remain eligible despite cancellation of his CoC or despite the
not be interchanged or confused with a Section 68 petition. denial of due course to the CoC pursuant to Section 69 of the
The remedies under the two sections are different, for they are Omnibus Election Code.45
based on different grounds, and can result in different
eventualities.41 A person who is disqualified under Section 68 Ramon himself specifically admitted his ineligibility when he
is prohibited to continue as a candidate, but a person whose filed his Manifestation with Motion to Resolve on December
CoC is cancelled or denied due course under Section 78 is not 30, 2009 in the COMELEC.46 That sufficed to render his CoC
considered as a candidate at all because his status is that of a invalid, considering that for all intents and purposes the
person who has not filed a CoC.42 Miranda v. Abaya43 has COMELEC’s declaration of his disqualification had the effect
clarified that a candidate who is disqualified under Section 68 of announcing that he was no candidate at all.
can be validly substituted pursuant to Section 77 because he
remains a candidate until disqualified; but a person whose
We stress that a non-candidate like Ramon had no right to pass "Pempe" MIRANDA is hereby DISQUALIFIED from running
on to his substitute. As Miranda v. Abaya aptly put it: for the position of mayor of Santiago City, Isabela, in the May
11, 1998 national and local elections.
Even on the most basic and fundamental principles, it is
readily understood that the concept of a substitute presupposes SO ORDERED.
the existence of the person to be substituted, for how can a
person take the place of somebody who does not exist or who (p.43, Rollo; Emphasis ours.)
never was. The Court has no other choice but to rule that in all
the instances enumerated in Section 77 of the Omnibus From a plain reading of the dispositive portion of the Comelec
Election Code, the existence of a valid certificate of candidacy resolution of May 5, 1998 in SPA No. 98-019, it is sufficiently
seasonably filed is a requisite sine qua non. clear that the prayer specifically and particularly sought in the
petition was GRANTED, there being no qualification on the
All told, a disqualified candidate may only be substituted if he matter whatsoever. The disqualification was simply ruled over
had a valid certificate of candidacy in the first place because, and above the granting of the specific prayer for denial of due
if the disqualified candidate did not have a valid and course and cancellation of the certificate of candidacy. x x
seasonably filed certificate of candidacy, he is and was not a x.49
candidate at all. If a person was not a candidate, he cannot be
substituted under Section 77 of the Code. Besides, if we were xxxx
to allow the so-called "substitute" to file a "new" and
"original" certificate of candidacy beyond the period for the
filing thereof, it would be a crystalline case of unequal x x x. There is no dispute that the complaint or petition filed
protection of the law, an act abhorred by our by private respondent in SPA No. 98-019 is one to deny due
Constitution.47 (Emphasis supplied) course and to cancel the certificate of candidacy of Jose
"Pempe" Miranda (Rollo, pp. 26-31). There is likewise no
question that the said petition was GRANTED without any
3. qualification whatsoever. It is rather clear, therefore, that
whether or not the Comelec granted any further relief in SPA
Granting without any qualification of petition in No. 98-019 by disqualifying the candidate, the fact remains
SPA No. 09-029(DC) manifested COMELEC’s intention to that the said petition was granted and that the certificate of
declare Ramon disqualified and to cancel his CoC candidacy of Jose "Pempe" Miranda was denied due course
and cancelled. x x x.50
That the COMELEC made no express finding that Ramon
committed any deliberate misrepresentation in his CoC was of The crucial point of Miranda v. Abaya was that the
little consequence in the determination of whether his CoC COMELEC actually granted the particular relief of cancelling
should be deemed cancelled or not. or denying due course to the CoC prayed for in the petition by
not subjecting that relief to any qualification.
In Miranda v. Abaya,48 the specific relief that the petition
prayed for was that the CoC "be not given due course and/or Miranda v. Abaya applies herein. Although Castillo’s petition
cancelled." The COMELEC categorically granted "the in SPA No. 09-029 (DC) specifically sought both the
petition" and then pronounced — in apparent contradiction — disqualification of Ramon and the denial of due course to or
that Joel Pempe Miranda was "disqualified." The cancellation of his CoC, the COMELEC categorically stated in
the Resolution dated April 19, 2010 that it was granting the
Court held that the COMELEC, by granting the petition petition. Despite the COMELEC making no finding of
without any qualification, disqualified Joel Pempe Miranda material misrepresentation on the part of Ramon, its granting
and at the same time cancelled Jose Pempe Miranda’s CoC. of Castillo’s petition without express qualifications manifested
The Court explained: that the COMELEC had cancelled Ramon’s CoC based on his
apparent ineligibility. The Resolution dated April 19, 2010
The question to settle next is whether or not aside from Joel became final and executory because Castillo did not move for
"Pempe" Miranda being disqualified by the Comelec in its its reconsideration, and because Ramon later withdrew his
May 5, 1998 resolution, his certificate of candidacy had motion for reconsideration filed in relation to it.
likewise been denied due course and cancelled.
4.
The Court rules that it was.
Elected Vice Mayor must succeed
Private respondent’s petition in SPA No. 98-019 specifically and assume the position of Mayor
prayed for the following: due to a permanent vacancy in the office
WHEREFORE, it is respectfully prayed that the Certificate of On the issue of who should assume the office of Mayor of
Candidacy filed by respondent for the position of Mayor for Lucena City, Castillo submits that the doctrine on the rejection
the City of Santiago be not given due course and/or cancelled. of the second-placer espoused in Labo, Jr. v. Commission on
Elections51 should not apply to him because Ramon’s
Other reliefs just and equitable in the premises are likewise disqualification became final prior to the elections.52 Instead,
prayed for. he cites Cayat v. Commission on Elections,53 where the Court
said:
(Rollo, p. 31; Emphasis ours.)
x x x In Labo there was no final judgment of disqualification
before the elections. The doctrine on the rejection of the
In resolving the petition filed by private respondent specifying second placer was applied in Labo and a host of other cases
a very particular relief, the Comelec ruled favorably in the because the judgment declaring the candidate’s
following manner: disqualification in Labo and the other cases had not become
final before the elections. To repeat, Labo and the other cases
WHEREFORE, in view of the foregoing, the Commission applying the doctrine on the rejection of the second placer
(FIRST DIVISION) GRANTS the Petition. Respondent JOSE have one common essential condition — the disqualification
of the candidate had not become final before the elections. that there was no more pending matter that could have
This essential condition does not exist in the present case. effectively suspended the finality of the ruling in due course.
Hence, the Resolution dated April 19, 2010 could be said to
Thus, in Labo, Labo’s disqualification became final only on have attained finality upon the lapse of five days from its
14 May 1992, three days after the 11 May 1992 elections. On promulgation and receipt of it by the parties. This happened
election day itself, Labo was still legally a candidate. In the probably on April 24, 2010. Despite such finality, the
present case, Cayat was disqualified by final judgment 23 days COMELEC En Banc continued to act on the withdrawal by
before the 10 May 2004 elections. On election day, Cayat was Ramon of his motion for reconsideration through the May 5,
no longer legally a candidate for mayor. In short, Cayat’s 2010 Resolution declaring the April 19, 2010 Resolution of
candidacy for Mayor of Buguias, Benguet was legally non- the COMELEC First Division final and executory.
existent in the 10 May 2004 elections.
Yet, we cannot agree with Castillo’s assertion that with
The law expressly declares that a candidate disqualified by Ramon’s disqualification becoming final prior to the May 10,
final judgment before an election cannot be voted for, and 2010 elections, the ruling in Cayat was applicable in his favor.
votes cast for him shall not be counted. This is a mandatory Barbara Ruby’s filing of her CoC in substitution of Ramon
provision of law. Section 6 of Republic Act No. 6646, The significantly differentiated this case from the factual
Electoral Reforms Law of 1987, states: circumstances obtaining in Cayat. Rev. Fr. Nardo B. Cayat,
the petitioner in Cayat, was disqualified on April 17, 2004,
Sec. 6. Effect of Disqualification Case.— Any candidate who and his disqualification became final before the May 10, 2004
has been declared by final judgment to be disqualified shall elections. Considering that no substitution of Cayat was made,
not be voted for, and the votes cast for him shall not be Thomas R. Palileng, Sr., his rival, remained the only candidate
counted. If for any reason a candidate is not declared by final for the mayoralty post in Buguias, Benguet. In contrast, after
judgment before an election to be disqualified and he is voted Barbara Ruby substituted Ramon, the May 10, 2010 elections
for and receives the winning number of votes in such election, proceeded with her being regarded by the electorate of Lucena
the Court or Commission shall continue with the trial and City as a bona fide candidate. To the electorate, she became a
hearing of the action, inquiry, or protest and, upon motion of contender for the same position vied for by Castillo, such that
the complainant or any intervenor, may during the pendency she stood on the same footing as Castillo. Such standing as a
thereof order the suspension of the proclamation of such candidate negated Castillo’s claim of being the candidate who
candidate whenever the evidence of his guilt is strong. obtained the highest number of votes, and of being
(Emphasis added) consequently entitled to assume the office of Mayor.
Section 6 of the Electoral Reforms Law of 1987 covers two Indeed, Castillo could not assume the office for he was only a
situations. The first is when the disqualification becomes final second placer. Labo, Jr. should be applied. There, the Court
before the elections, which is the situation covered in the first emphasized that the candidate obtaining the second highest
sentence of Section 6. The second is when the disqualification number of votes for the contested office could not assume the
becomes final after the elections, which is the situation office despite the disqualification of the first placer because
covered in the second sentence of Section 6. the second placer was "not the choice of the sovereign
will."60 Surely, the Court explained, a minority or defeated
candidate could not be deemed elected to the office.61 There
The present case falls under the first situation. Section 6 of the was to be no question that the second placer lost in the
Electoral Reforms Law governing the first situation is election, was repudiated by the electorate, and could not
categorical: a candidate disqualified by final judgment before assume the vacated position.62 No law imposed upon and
an election cannot be voted for, and votes cast for him shall compelled the people of Lucena City to accept a loser to be
not be counted. The Resolution disqualifying Cayat became their political leader or their representative.63
final on 17 April 2004, way before the 10 May 2004 elections.
Therefore, all the 8,164 votes cast in Cayat’s favor are stray.
Cayat was never a candidate in the 10 May 2004 elections. The only time that a second placer is allowed to take the place
Palileng’s proclamation is proper because he was the sole and of a disqualified winning candidate is when two requisites
only candidate, second to none.54 concur, namely: (a) the candidate who obtained the highest
number of votes is disqualified; and (b) the electorate was
fully aware in fact and in law of that candidate’s
Relying on the pronouncement in Cayat, Castillo asserts that disqualification as to bring such awareness within the realm of
he was entitled to assume the position of Mayor of Lucena notoriety but the electorate still cast the plurality of the votes
City for having obtained the highest number of votes among in favor of the ineligible candidate.64 Under this sole
the remaining qualified candidates. exception, the electorate may be said to have waived the
validity and efficacy of their votes by notoriously misapplying
It would seem, then, that the date of the finality of the their franchise or throwing away their votes, in which case the
COMELEC resolution declaring Ramon disqualified is eligible candidate with the second highest number of votes
decisive. According to Section 10, Rule 19 of the may be deemed elected.65 But the exception did not apply in
COMELEC’s Resolution No. 8804,55 a decision or resolution favor of Castillo simply because the second element was
of a Division becomes final and executory after the lapse of absent. The electorate of Lucena City were not the least aware
five days following its promulgation unless a motion for of the fact of Barbara Ruby’s ineligibility as the substitute. In
reconsideration is seasonably filed. Under Section 8, Rule 20 fact, the COMELEC En Banc issued the Resolution finding
of Resolution No. 8804, the decision of the COMELEC En her substitution invalid only on May 20, 2011, or a full year
Banc becomes final and executory five days after its after the decisions.
promulgation and receipt of notice by the parties.
On the other hand, the COMELEC En Banc properly
The COMELEC First Division declared Ramon disqualified disqualified Barbara Ruby from assuming the position of
through its Resolution dated April 19, 2010, the copy of which Mayor of Lucena City. To begin with, there was no valid
Ramon received on the same date.56 Ramon filed a motion for candidate for her to substitute due to Ramon’s ineligibility.
reconsideration on April 21, 201057 in accordance with Also, Ramon did not voluntarily withdraw his CoC before the
Section 7 of COMELEC Resolution No. 8696,58 but withdrew elections in accordance with Section 73 of the Omnibus
the motion on May 4, 2010,59 ostensibly to allow his Election Code. Lastly, she was not an additional candidate for
substitution by Barbara Ruby. On his part, Castillo did not file the position of Mayor of Lucena City because her filing of her
any motion for reconsideration. Such circumstances indicated
CoC on May 4, 2010 was beyond the period fixed by law. 4 Id. at 88.
Indeed, she was not, in law and in fact, a candidate.66
5 Id. at 88-91.
A permanent vacancy in the office of Mayor of Lucena City
thus resulted, and such vacancy should be filled pursuant to 6 Id. at 91.
the law on succession defined in Section 44 of the LGC, to
wit:67 7 Montebon v. Commission on Elections,
G.R. No. 180444, April 9, 2008, 551 SCRA
Section 44. Permanent Vacancies in the Offices of the 50, 56.; Lonzanida v. Commission on
Governor, Vice-Governor, Mayor, and Vice-Mayor. – If a Elections, G.R. No. 135150, July 28, 1999,
permanent vacancy occurs in the office of the governor or 311 SCRA 602, 613; Borja, Jr. v.
mayor, the vice-governor or vice-mayor concerned shall Commission on Elections, G.R. No. 133495,
become the governor or mayor. x x x September 3, 1998, 295 SCRA 157.
WHEREFORE, the Court DISMISSES the petitions in these 8 G.R. No. 184836, December 23, 2009, 609
consolidated cases; AFFIRMS the Resolution issued on May SCRA 234, 263-264.
20, 2011 by the COMELEC En Banc; and ORDERS the
petitioners to pay the costs of suit. 9 Rollo (G.R. No. 196804), pp. 99-100.
C E R T I F I C AT I O N 24 Id. at 79.
35 Luna v. Commission on Elections, G.R. 51 G.R. No. 105111 & 105384, July 3,
No. 165983, April 24, 2007, 522 SCRA 107, 1992, 211 SCRA 297.
115.
52 Rollo (G.R. No. 197015), pp. 18-19.
36 Supra note 30, at 792-794 (bold
emphases and underscoring are part of the 53 G.R. No. 163776, April 24, 2007, 522
original text). SCRA 23.
3
Rollo, p. 132. Castillo sought to annul Ruby’s proclamation through another
petition15 while the elected Vice Mayor, Roderick Alcala,
moved to intervene in Castillo’s petition.16 On January 11,
2011, the COMELEC Second Division dismissed Castillo’s
The Lawphil Project - Arellano Law Foundation petition and denied Alcala’s motion. The COMELEC Second
Division reasoned out that the substitution became final and
executory when Castillo failed to act after receiving a copy of
the COMELEC resolution giving due course to Ruby’s
CONCURRING AND DISSENTING OPINION substitution.17
A certificate of candidacy is in the nature of a formal A necessarily related provision is Section 39 of LGC 1991
manifestation to the whole world of the candidate's political which states:
creed or lack of political creed. It is a statement of a person
seeking to run for a public office certifying that he announces
his candidacy for the office mentioned and that he is eligible Sec. 39. Qualifications. – (a) An elective local official must be
for the office, the name of the political party to which he a citizen of the Philippines; a registered voter in the barangay,
belongs, if he belongs to any, and his post-office address for municipality, city, or province or, in the case of a member of
all election purposes being as well stated. the sangguniang panlalawigan, sangguniang panlungsod, or
sanggunian bayan, the district where he intends to be elected;
a resident therein for at least one (1) year immediately
preceding the day of the election; and able to read and write Sections 68 and 12 of the OEC (together with Section 40 of
Filipino or any other local language or dialect. LGC 1991, outlined below) cover the following as traits,
characteristics or acts of disqualification: (i) corrupting voters
xxxx or election officials; (ii) committing acts of terrorism to
enhance candidacy; (iii) overspending; (iv) soliciting,
(c) Candidates for the position of Mayor or vice-mayor of receiving or making prohibited contributions; (v) campaigning
independent component cities, component cities, or outside the campaign period; (vi) removal, destruction or
municipalities must be at least twenty-one (21) years of age on defacement of lawful election propaganda; (vii) committing
election day. [italics ours] prohibited forms of election propaganda; (viii) violating rules
and regulations on election propaganda through mass media;
(ix) coercion of subordinates; (x) threats, intimidation,
Notably, Section 74 of the OEC does not require any negative terrorism, use of fraudulent device or other forms of coercion;
qualification except only as expressly required therein. A (xi) unlawful electioneering; (xii) release, disbursement or
specific negative requirement refers to the representation that expenditure of public funds; (xiii) solicitation of votes or
the would-be candidate is not a permanent resident nor an undertaking any propaganda on the day of the election; (xiv)
immigrant in another country. This requirement, however, is declaration as an insane; and (xv) committing subversion,
in fact simply part of the positive requirement of residency in insurrection, rebellion or any offense for which he has been
the locality for which the CoC is filed and, in this sense, it is sentenced to a penalty of more than eighteen months or for a
not strictly a negative requirement. Neither does Section 74 crime involving moral turpitude.
require any statement that the would-be candidate does not
possess any ground for disqualification specifically
enumerated by law, as disqualification is a matter that the Section 40 of LGC 1991, on the other hand, essentially repeats
OEC and LGC 1991 separately deal with, as discussed below. those already in the OEC under the following
Notably, Section 74 does not require a would-be candidate to disqualifications:
state that he has not served for three consecutive terms in the
same elective position immediately prior to the present a. Those sentenced by final judgment for an
elections. offense involving moral turpitude or for an
offense punishable by one (1) year or more
With the accomplishment of the CoC and its filing, a political of imprisonment, within two (2) years after
aspirant officially acquires the status of a candidate and, at the serving sentence;
very least, the prospect of holding public office; he, too,
formally opens himself up to the complex political b. Those removed from office as a result of
environment and processes. The Court cannot be more an administrative case;
emphatic in holding "that the importance of a valid certificate
of candidacy rests at the very core of the electoral process."27 c. Those convicted by final judgment for
violating the oath of allegiance to the
Pertinent laws28 provide the specific periods when a CoC may Republic;
be filed; when a petition for its cancellation may be brought;
and the effect of its filing. These measures, among others, are d. Those with dual citizenship;
in line with the State policy or objective of ensuring "equal
access to opportunities for public service,"29 bearing in mind e. Fugitives from justice in criminal or non-
that the limitations on the privilege to seek public office are political cases here or abroad;
within the plenary power of Congress to provide.30
f. Permanent residents in a foreign country
The Concept of Disqualification and or those who have acquired the right to
reside abroad and continue to avail of the
its Effects. same right after the effectivity of this Code;
and
To disqualify, in its simplest sense, is (1) to deprive a person
of a power, right or privilege; or (2) to make him or her g. The insane or feeble-minded.
ineligible for further competition because of violation of the
rules.31 It is in these senses that the term is understood in our Together, these provisions embody the disqualifications that,
election laws. by statute, can be imputed against a candidate or a local
elected official to deny him of the chance to run for office or
Thus, anyone who may qualify or may have qualified under of the chance to serve if he has been elected.
the general rules of eligibility applicable to all citizens may be
deprived of the right to be a candidate or may lose the right to A unique feature of "disqualification" is that under Section 68
be a candidate (if he has filed his CoC) because of a trait or of the OEC, it refers only to a "candidate," not to one who is
characteristic that applies to him or an act that can be imputed not yet a candidate. Thus, the grounds for disqualification do
to him as an individual, separately from the general not apply to a would-be candidate who is still at the point of
qualifications that must exist for a citizen to run for a local filing his CoC. This is the reason why no representation is
public office. Notably, the breach of the three-term limit is a required in the CoC that the would-be candidate does not
trait or condition that can possibly apply only to those who possess any ground for disqualification. The time to hold a
have previously served for three consecutive terms in the same person accountable for the grounds for disqualification is after
position sought immediately prior to the present elections. attaining the status of a candidate, with the filing of the CoC.
In a disqualification situation, the grounds are the individual To sum up and reiterate the essential differences between the
traits or conditions of, or the individual acts of disqualification eligibility requirements and disqualifications, the former are
committed by, a candidate as provided under Sections 68 and the requirements that apply to, and must be complied by, all
12 of the OEC and Section 40 of LGC 1991, and which citizens who wish to run for local elective office; these must
generally have nothing to do with the eligibility requirements be positively asserted in the CoC. The latter refer to individual
for the filing of a CoC.32 traits, conditions or acts that serve as grounds against one who
has qualified as a candidate to lose this status or privilege; section 253, a candidate is ineligible if he is disqualified to be
essentially, they have nothing to do with a candidate’s CoC. elected to office, and he is disqualified if he lacks any of the
qualifications for elective office.36
When the law allows the cancellation of a candidate’s CoC,
the law considers the cancellation from the point of view of Note that the question of what would constitute acts of
the requirements that every citizen who wishes to run for disqualification – under Sections 68 and 12 of the OEC and
office must commonly satisfy. Since the elements of Section 40 of LGC 1991 – is best resolved by directly
"eligibility" are common, the vice of ineligibility attaches to referring to the provisions involved. On the other hand, what
and affects both the candidate and his CoC. In contrast, when constitutes a violation of the three-term limit rule under the
the law allows the disqualification of a candidate, the law Constitution has been clarified in our case law.37 The approach
looks only at the disqualifying trait or condition specific to the is not as straight forward in a petition to deny due course to or
individual; if the "eligibility" requirements have been satisfied, cancel a CoC and also to a quo warranto petition, which
the disqualification applies only to the person of the candidate, similarly covers the ineligibility of a candidate/elected official.
leaving the CoC valid. A previous conviction of subversion is In Salcedo II v. COMELEC,38 we ruled that –
the best example as it applies not to the citizenry at large, but
only to the convicted individuals; a convict may have a valid In order to justify the cancellation of the certificate of
CoC upon satisfying the eligibility requirements under Section candidacy under Section 78, it is essential that the false
74 of the OEC, but shall nevertheless be disqualified. representation mentioned therein pertain to a material matter
for the sanction imposed by this provision would affect the
Distinctions among (i) denying due course to or cancellation substantive rights of a candidate — the right to run for the
of a CoC, (ii) disqualification, and (iii) quo warranto elective post for which he filed the certificate of candidacy.
Although the law does not specify what would be considered
The nature of the eligibility requirements for a local elective as a "material representation," the Court has interpreted this
office and the disqualifications that may apply to candidates phrase in a line of decisions applying Section 78 of the Code.
necessarily create distinctions on the remedies available, on
the effects of lack of eligibility and on the application of xxxx
disqualification. The remedies available are essentially: the
cancellation of a CoC, disqualification from candidacy or from Therefore, it may be concluded that the material
holding office, and quo warranto, which are distinct remedies misrepresentation contemplated by Section 78 of the Code
with varying applicability and effects. For ease of presentation refer to qualifications for elective office. This conclusion is
and understanding, their availability, grounds and effects are strengthened by the fact that the consequences imposed upon a
topically discussed below. candidate guilty of having made a false representation in his
certificate of candidacy are grave — to prevent the candidate
As to the grounds: from running or, if elected, from serving, or to prosecute him
for violation of the election laws. It could not have been the
In the denial of due course to or cancellation of a CoC, the intention of the law to deprive a person of such a basic and
ground is essentially lack of eligibility under the pertinent substantive political right to be voted for a public office upon
constitutional and statutory provisions on qualifications or just any innocuous mistake. [emphases ours, citation omitted]
eligibility for public office;33 the governing provisions are
Sections 78 and 69 of the OEC.34 Thus, in addition to the failure to satisfy or comply with the
eligibility requirements, a material misrepresentation must be
In a disqualification case, as mentioned above, the grounds are present in a cancellation of CoC situation. The law apparently
traits, characteristics or acts of disqualification,35 individually does not allow material divergence from the listed
applicable to a candidate, as provided under Sections 68 and requirements to qualify for candidacy and enforces its edict by
12 of the OEC; Section 40 of LGC 1991; and, as discussed requiring positive representation of compliance under oath.
below, Section 8, Article X of the Constitution. As previously Significantly, where disqualification is involved, the mere
discussed, the grounds for disqualification are different from, existence of a ground appears sufficient and a material
and have nothing to do with, a candidate’s CoC although they representation assumes no relevance.
may result in disqualification from candidacy whose
immediate effect upon finality before the elections is the same As to the period for filing:
as a cancellation. If they are cited in a petition filed before the
elections, they remain as disqualification grounds and carry The period to file a petition to deny due course to or cancel a
effects that are distinctly peculiar to disqualification. CoC depends on the provision of law invoked. If the petition is
filed under Section 78 of the OEC, the petition must be filed
In a quo warranto petition, the grounds to oust an elected within twenty-five (25) days from the filing of the
official from his office are ineligibility and disloyalty to the CoC.39 However, if the petition is brought under
Republic of the Philippines. This is provided under Section
253 of the OEC and governed by the Rules of Court as to the Section 69 of the same law, the petition must be filed within
procedures. While quo warranto and cancellation share the five (5) days from the last day of filing the CoC.40
same ineligibility grounds, they differ as to the time these
grounds are cited. A cancellation case is brought before the On the other hand, the period to file a disqualification case is
elections, while a quo warranto is filed after and may still be at any time before the proclamation of a winning candidate, as
filed even if a CoC cancellation case was not filed before provided in COMELEC Resolution No. 8696.41 The three-term
elections, viz.: limit disqualification, because of its unique characteristics,
does not strictly follow this time limitation and is discussed at
The only difference between the two proceedings is that, under length below. At the very least, it should follow the temporal
section 78, the qualifications for elective office are limitations of a quo warranto petition which must be filed
misrepresented in the certificate of candidacy and the within ten (10) days from proclamation.42 The constitutional
proceedings must be initiated before the elections, whereas a nature of the violation, however, argues against the application
petition for quo warranto under section 253 may be brought on of this time requirement; the rationale for the rule and the role
the basis of two grounds - (1) ineligibility or (2) disloyalty to of the Constitution in the country’s legal order dictate that a
the Republic of the Philippines, and must be initiated within
ten days after the proclamation of the election results. Under
petition should be allowed while a consecutive fourth-termer initiatory role a CoC plays and the standing it gives to a
is in office. political aspirant, the cancellation of the CoC based on a
finding of its invalidity effectively results in a vote for an
As to the effects of a successful suit: inexistent "candidate" or for one who is deemed not to be in
the ballot. Although legally a misnomer, the "second placer"
A candidate whose CoC was denied due course or cancelled is should be proclaimed the winner as the candidate with the
not considered a candidate at all. Note that the law fixes the highest number of votes for the contested position. This same
period within which a CoC may be filed.43 After this period, consequence should result if the cancellation case becomes
generally no other person may join the election contest. A final after elections, as the cancellation signifies non-
notable exception to this general rule is the rule on candidacy from the very start, i.e., from before the elections.
substitution: when an official candidate of a registered
political party dies, withdraws or is disqualified for any cause Violation of the three-term limit rule
after the last day for filing a CoC, the law allows the
substitution of the dead, withdrawing or disqualified a. The Three-Term Limit Rule.
candidate, provided that he or she had a valid and subsisting
CoC at the time of death, withdrawal or substitution. This The three-term limit rule is a creation of Section 8, Article X
proviso is necessary since the entry of a new candidate after of the Constitution. This provision fixes the maximum limit an
the regular period for filing the CoC is exceptional. elective local official can consecutively serve in office, and at
Unavoidably, a "candidate" whose CoC has been cancelled or the same time gives the command, in no uncertain terms, that
denied due course cannot be substituted for lack of a CoC, to no such official shall serve for more than three consecutive
all intents and purposes.44 Similarly, a successful quo warranto terms. Thus, a three-term local official is barred from serving a
suit results in the ouster of an already elected official from fourth and subsequent consecutive terms.
office; substitution, for obvious reasons, can no longer apply.
This bar, as a constitutional provision, must necessarily be
On the other hand, a candidate who was simply disqualified is read into and interpreted as a component part of the OEC
merely prohibited from continuing as a candidate or from under the legal reality that neither this Code nor the LGC
assuming or continuing to assume the functions of the provides for the three-term limit rule’s operational details; it is
office;45 substitution can thus take place before election under not referred to as a ground for the cancellation of a CoC nor
the terms of Section 77 of the OEC.46 However, a three-term for the disqualification of a candidate, much less are its effects
candidate with a valid and subsisting CoC cannot be provided for. Thus, the need to fully consider, reconcile and
substituted if the basis of the substitution is his disqualification harmonize the terms and effects of this rule on elections in
on account of his three-term limitation. Disqualification that is general and, in particular, on the circumstances of the present
based on a breach of the three-term limit rule cannot be case.
invoked as this disqualification can only take place after
election where the three-term official emerged as winner. As b. Is the Rule an Eligibility Requirement or a Disqualification?
in a quo warranto, any substitution is too late at this point.
In practical terms, the question of whether the three-term limit
As to the effects of a successful suit on the right of the second rule is a matter of "eligibility" that must be considered in the
placer in the elections: filing of a CoC translates to the need to state in a would-be
candidate’s CoC application that he is eligible for candidacy
In any of these three remedies, the doctrine of rejection of the because he has not served for three consecutive
second placer applies for the simple reason that –
terms immediately before filing his application.
To simplistically assume that the second placer would have
received the other votes would be to substitute our judgment The wording of Section 8, Article X of the Constitution,
for the mind of the voter. The second placer is just that, a however, does not justify this requirement as Section 8 simply
second placer. He lost the elections. He was repudiated by sets a limit on the number of consecutive terms an official can
either a majority or plurality of voters. He could not be serve. It does not refer to elections, much less does it bar a
considered the first among qualified candidates because in a three-termer’s candidacy. As previously discussed, Section 74
field which excludes the disqualified candidate, the conditions of the OEC does not expressly require a candidate to assert the
would have substantially changed. We are not prepared to non-possession of any disqualifying trait or condition, much
extrapolate the results under such circumstances.47 less of a candidate’s observance of the three-term limit rule. In
fact, the assertion of a would-be candidate’s eligibility, as
With the disqualification of the winning candidate and the required by the
application of the doctrine of rejection of the second placer,
the rules on succession under the law accordingly apply. OEC, could not have contemplated making a three-term
candidate ineligible for candidacy since that disqualifying trait
As an exceptional situation, however, the candidate with the began to exist only later under the 1987 Constitution.
second highest number of votes (second placer) may be
validly proclaimed as the winner in the elections should the What Section 8, Article X of the Constitution indisputably
winning candidate be disqualified by final judgment before the mandates is solely a bar against serving for a fourth
elections, as clearly provided in Section 6 of R.A. No. consecutive term, not a bar against candidacy. Of course,
6646.48 The same effect obtains when the electorate is fully between the filing of a CoC (that gives an applicant the status
aware, in fact and in law and within the realm of notoriety, of of a candidate) and assumption to office as an election winner
the disqualification, yet they still voted for the disqualified is a wide expanse of election activities whose various stages
candidate. In this situation, the electorate that cast the plurality our election laws treat in various different ways. Thus, if
of votes in favor of the notoriously disqualified candidate is candidacy will be aborted from the very start (i.e., at the initial
simply deemed to have waived their right to vote.49 CoC-filing stage), what effectively takes place – granting that
the third-termer possesses all the eligibility elements required
In a CoC cancellation proceeding, the law is silent on the legal by law – is a shortcut that is undertaken on the theory that the
effect of a judgment cancelling the CoC and does not also candidate cannot serve in any way if he wins a fourth term.
provide any temporal distinction. Given, however, the formal
I submit that while simple and efficient, essential legal To be sure, a constitutional breach cannot be allowed to
considerations should dissuade the Court from using this remain unattended because of the procedures laid down by
approach. To make this shortcut is to incorporate into the law, administrative bodies. While Salcedo considers the remedy of
by judicial fiat, a requirement that is not expressly there. In quo warranto as almost the same as the remedy of cancellation
other words, such shortcut may go beyond allowable on the question of eligibility, the fact that the remedies can be
interpretation that the Court can undertake, and cross over into availed of only at particular periods of the election process
prohibited judicial legislation. Not to so hold, on the other signifies more than temporal distinction.
hand, does not violate the three-term limit rule even in spirit,
since its clear and undisputed mandate is to disallow serving From the point of view of eligibility, one who merely seeks to
for a fourth consecutive term; this objective is achieved when hold public office through a valid candidacy cannot wholly be
the local official does not win and can always be attained by treated in the same manner as one who has won and is at the
the direct application of the law if he does win. point of assuming or serving the office to which he has been
elected; the requirements to be eligible as a candidate are
Another reason, and an equally weighty one, is that a shortcut defined by the election laws and by the local government
would run counter to the concept of commonality that code, but beyond these are constitutional restrictions on
characterizes the eligibility requirements; it would allow the eligibility to serve. The three-term limit rule serves as the best
introduction of an element that does not apply to all citizens as example of this fine distinction; a local official who is allowed
an entry qualification. Viewed from the prism of the general to be a candidate under our statutes but who is effectively in
distinctions between eligibility and disqualification discussed his fourth term should be considered ineligible to serve if the
above, the three-term limit is unavoidably a restriction that Court were to give life to the constitutional provision, couched
applies only to local officials who have served for three in a strong prohibitory language, that "no such official shall
consecutive terms, not to all would-be candidates at large; it serve for more than three consecutive terms."
applies only to specific individuals who may have otherwise
been eligible were it not for the three-term limit rule and is A possible legal stumbling block in allowing the filing of the
thus a defect that attaches only to the candidate and not to his petition before the election is the lack of a cause of action or
CoC. In this sense, it cannot but be a disqualification and at prematurity at that point.1âwphi1 If disqualification is
that, a very specific one. triggered only after a three-termer has won, then it may be
argued with some strength that a petition, filed against a
That the prohibited fourth consecutive term can only take respondent three-term local official before he has won a fourth
place after a three-term local official wins his fourth term time, has not violated any law and does not give the petitioner
signifies too that the prohibition (and the resulting the right to file a petition for lack of cause of action or
disqualification) only takes place after elections. This prematurity.52
circumstance, to my mind, supports the view that the three-
term limit rule does not at all involve itself with the matter of I take the view, however, that the petition does not need to be
candidacy; it only regulates service beyond the limits the immediately acted upon and can merely be docketed as a
Constitution has set. Indeed, it is a big extrapolative leap for a cautionary petition reserved for future action if and when the
prohibition that applies after election, to hark back and affect three-term local official wins a fourth consecutive term. If the
the initial election process for the filing of CoCs. parties proceed to litigate without raising the
Thus, on the whole, I submit that the legally sound view is not prematurity or lack of cause of action as objection, a ruling
to bar a three-termer’s candidacy for a fourth term if the three- can be deferred until after the cause of action accrues; if a
term limit rule is the only reason for the bar. In these lights, ruling is entered, then any decreed disqualification cannot be
the three-term limit rule – as a bar against a fourth consecutive given effect and implemented until a violation of the three-
term – is effectively a disqualification against such service term limit rule occurs.
rather than an eligibility requirement.50
As a last point on the matter of substitution, a candidate with a
c. Filing of Petition and Effects. valid and subsisting CoC can only be validly substituted on the
basis of a withdrawal before the elections, or by reason of
As a disqualification that can only be triggered after the death. Disqualification that is based on a breach of the three-
elections, it is not one that can be implemented or given effect term limit rule cannot be invoked as this disqualification can
before such time. The reason is obvious; before that time, the only take place after election. As in a quo warranto situation,
gateway to the 4th consecutive term has not been opened any substitution is too late at this point.
because the four-term re-electionist has not won. This reality
brings into sharp focus the timing of the filing of a petition for I shall consider the case on the basis of these positions.
disqualification for breach of the three-term limit rule. Should Castillo’s Petition is Properly a
a petition under the three-term limit rule be allowed only after Petition for Disqualification against
the four-term official has won on the theory that it is at that Ramon for Possessing some Grounds
point that the Constitution demands a bar? for Disqualification
The timing of the filing of the petition for disqualification is a On the basis of my views on the effect of the three-term limit
matter of procedure that primarily rests with the COMELEC. rule, I disagree with the ponencia’s conclusion that Castillo’s
Of course, a petition for disqualification cannot be filed petition is one for the cancellation or denial of due course of
against one who is not yet a candidate as only candidates (and Ramon’s CoC. I likewise so conclude after examining
winners) can be disqualified. Hence, the filing should be done Castillo’s petition, its allegations and the grounds it invoked.
after the filing of the CoC. On the backend limitation of its
filing, I believe that the petition does not need to be hobbled As a rule, the nature of the action is determined by the
by the terms of COMELEC Resolution No. 869651 because of allegations in the complaint or petition. The cause of action is
the special nature and characteristics of the three-term limit not what the title or designation of the petition states; the acts
rule – i.e., the constitutional breach involved; the fact that it defined or described in the body of the petition control. The
can be effective only after a candidate has won the election; designation or caption and even the prayer, while they may
and the lack of specific provision of the election laws covering assist and contribute their persuasive effect, cannot also be
it. determinative of the nature or cause of action for they are not
even indispensable parts of the petition.53
In this sense, any question on the nature of Castillo’s petition Ruby’s Substitution of Ramon is
against Ramon cannot ignore the pertinent allegations of the Invalid not because Ramon’s CoC
petition, and they state: was cancelled but because of its non-
conformity with the Conditions
4. Respondent was successively elected mayor of Lucena City Required by Section 77 of the OEC
in 2001, 2004, and 2007 local elections based on the records
of the Commission on Elections of Lucena City and had fully As a rule, a CoC must be filed only within the timelines
served the aforesaid three (3) terms without any voluntary and specified by law. This temporal limitation is a mandatory
involuntary interruption. requirement to qualify as a candidate in a national or local
election.54 It is only when a candidate with a valid and
xxxx subsisting CoC is disqualified, dies or withdraws his or her
CoC before the elections that the remedy of substitution under
7. Respondent, knowing well that he was elected for and had Section 77 of the OEC is allowed. Section 77 states:
fully served three (3) consecutive terms as a city mayor of
Lucena, he still filed his Certificate of Candidacy for City Section 77. Candidates in case of death, disqualification or
Mayor of Lucena for this coming 10 May 2010 national and withdrawal of another. - If after the last day for the filing of
local elections; certificates of candidacy, an official candidate of a registered
or accredited political party dies, withdraws or is disqualified
xxxx for any cause, only a person belonging to, and certified by, the
same political party may file a certificate of candidacy to
replace the candidate who died, withdrew or was disqualified.
8. Under the Constitution and existing Election laws, New The substitute candidate nominated by the political party
Local Government Code of the Philippines, and jurisprudence concerned may file his certificate of candidacy for the office
the respondent is no longer entitled and is already disqualified affected in accordance with the preceding sections not later
to be a city mayor for the fourth consecutive term. [emphasis than mid-day of the day of the election. If the death,
supplied] withdrawal or disqualification should occur between the day
before the election and mid-day of election day, said
These allegations, on their face, did not raise any of the certificate may be filed with any board of election inspectors
specified grounds for cancellation or denial of due course of a in the political subdivision where he is a candidate, or, in the
CoC under Sections 69 and 78 of the OEC. Specifically, case of candidates to be voted for by the entire electorate of
Castillo’s petition did not allege that Ramon was a nuisance the country, with the Commission. [italics supplied, emphasis
candidate or that he had committed a misrepresentation on a and underscoring ours]
material fact in his CoC; the petition failed to allege any
deliberate attempt, through material misrepresentation, to In the present case, the grounds that would give rise to the
mislead, misinform or deceive the electorate of Lucena City as substitution had to be present for Ruby’s substitution to be
to Ramon’s qualifications for the position of Mayor. More valid. Specifically, she had to show that either Ramon had
importantly, and as previously discussed, the non-possession died, had withdrawn his valid and subsisting CoC, or had been
of any disqualifying ground, much less of a potential breach of disqualified for any cause. All these are best determined by
the three-term limit rule, is not among the matters of considering the antecedents of the present case. To recall:
qualification or eligibility that a candidate is required to assert
in his CoC.
1. On April 19, 2010, the Comelec First
Division disqualified Ramon in SPA No. 09-
Castillo’s allegations simply articulate the fact that Ramon had 929 (DC). The Resolution did not contain
served for three consecutive terms and the legal conclusion any order to deny due course or to cancel
that the three-term limit rule under the Constitution and LGC Ramon’s CoC;
1991 disqualifies him from running for a fourth consecutive
term. Under these allegations, Castillo’s petition cannot come
within the purview of Section 78 of the OEC; Ramon’s status 2. On April 21, 2010, Ramon filed a
as a three-term candidate is a ground to disqualify him (as Verified Motion for Reconsideration seeking
precautionary measure before elections) for possessing a a reversal of the April 19, 2010 Resolution;
ground for disqualification under the Constitution and the
LGC, specifically, for running for the same office after having 3. On May 4, 2010, at exactly 9:00 a.m.,
served for three continuous terms. Ramon filed an Ex-Parte Manifestation of
the Pending Motion for Reconsideration
From the given facts and from the standards of strict legality dated May 3, 2010 praying that the
based on my discussions above, I conclude that the COMELEC issue an "Order to NOTE the
COMELEC was substantially correct in treating the case as instant Manifestation and DEEM the
one for disqualification – that is, without cancelling his CoC - Resolution promulgated on April 19, 2010
in its April 19, 2010 Resolution and in ruling for as final and executory";
disqualification, subject to my reservation about prematurity
and the existence of a ripe cause of action. This reservation 4. On the same day at 4:30, Ruby filed her
gathers strength in my mind as I consider that most of the CoC for Mayor of Lucena City in
developments in the case took place before the May 10, 2010 substitution of her husband, Ramon;
elections under the standards of Section 8, Article X of the
Constitution. Brought to its logical end, this consideration 5. In an Order dated May 5, 2010, the
leads me to conclude that while the COMELEC might have COMELEC en banc issued an Order in
declared Ramon’s disqualification to be final, its declaration response to Ramon’s Manifestation which
was ineffectual as no disqualification actually ever took effect. stated: "(a) To NOTE this instant
None could have taken place as the case it ruled upon was not Manifestation; and (b) To consider the April
ripe for a finding of disqualification; Ramon, although a three- 19, 2010 Resolution of the Commission First
term local official, had not won a fourth consecutive term and, Division final and executory";
in fact, could not have won because he gave way to his wife in
a manner not amounting to a withdrawal.
6. On the May 10, 2010 elections, Ramon it cannot be so considered. Withdrawal and disqualification
garnered the highest number of votes with are separate grounds for substitution under Section 77 of the
44,099 votes, while Castillo garnered only OEC and one should not be confused with the other.
39, 615 votes; Recognition of disqualification, too, without more, cannot be
considered a withdrawal. Disqualification results from
7. Three days after the elections or on May compulsion of law while withdrawal is largely an act that
13, 2010, the COMELEC en banc issued springs from the candidate’s own volition. Ramon’s obvious
Resolution No. 8917 that gave due course to submission to the COMELEC First Division, by asking for a
Ruby’s CoC. This Resolution was premised ruling, cannot in any sense be considered a withdrawal.
on the Memorandum of the Law Department
dated May 8, 2010 which erroneously stated The second occasion was in early May 2010 when he
that Ruby filed her CoC on May 5 not May withdrew, through a Manifestation, his motion for
reconsideration of the First Division’s ruling finding him
4, 2010; and disqualified for violation of the three-term limit rule. To recall,
he made his ex parte manifestation of withdrawal in the
8. On the basis of Resolution No. 8917, the morning of May 4, 2010, while his wife filed her CoC in
City Board of Canvassers proclaimed Ruby substitution in the afternoon of the same day, on the apparent
as the duly elected mayor of Lucena City.55 theory that his acceptance of the First Division disqualification
ruling qualified her for substitution under Section 77 of the
OEC.
All these, of course, will have to be viewed from the prism of
the three-term limit rule.
I cannot view these moves as indicative of withdrawal because
the parties’ main basis, as shown by their moves, was to take
Substitution refers to an exceptional situation in an election advantage of a final ruling decreeing disqualification as basis
scenario where the law leans backwards to allow a registered for Ruby’s substitution. Plainly, no withdrawal of the CoC
party to put in place a replacement candidate when the death, was ever made and no withdrawal was also ever intended as
withdrawal or disqualification of its original candidate occurs. they focused purely on the effects of Ramon’s disqualification.
The question that arises under the bare provisions of Section This intent is evident from their frantic efforts to secure a final
77 of the OEC is how the COMELEC should handle the law’s ruling by the COMELEC en banc on Ramon’s
given conditions and appreciate the validity of a substitution. disqualification.
The approaches to be made may vary on a case-to-case basis
depending on the attendant facts, but a failsafe method in an
election situation is to give premium consideration not to the But neither can I recognize that there was an effective
candidates or their parties, but to the electorate’s process of disqualification that could have been the basis for a Section 77
choice and the integrity of the elections. In other words, in a substitution. As repeatedly discussed above, the constitutional
legal or factual equipoise situation, the conclusion must lean prohibition and the disqualification can only set in after
towards the integrity of the electoral process. election, when a three-term local official has won for himself a
fourth term. Quite obviously, Ramon – without realizing the
exact implications of the three–term limit rule – opted for a
Death as basis for substitution obviously does not need to be disqualification as his mode of exit from the political scene.
considered, thus leaving withdrawal and disqualification as This is an unfortunate choice as he could not have been
grounds for the validity of Ruby’s substitution. disqualified (or strictly, his disqualification could not have
taken effect) until after he had won as Mayor in the May 2010
On the matter of withdrawal, two significant developments elections – too late in time if the intention was to secure a
could possibly serve as indicators of withdrawal and should be substitution for Ruby. Additionally, there was no way that
examined for their legal effects. Ramon could have won as he had opted out of the race,
through his acceptance of an ineffectual disqualification
The first development relates to the aftermath of the Court’s ruling, in favor of his wife, Ruby. I hark back, too, to the
ruling in Aldovino regarding the interruption of service for reason I have given on why the constitutional three-term limit
purposes of the three-term limit rule. Although the Aldovino rule cannot affect, and does not look back to, the candidate’s
ruling still had to lapse to finality, Ramon almost immediately CoC which should remain valid if all the elements of
manifested before the COMELEC First Division his eligibility are otherwise satisfied.
recognition that he was disqualified and asked for a ruling.
The requested ruling, of course, was on the case that Castillo Whatever twists and turns the case underwent through the
had filed. This ruling did not come until April 19, 2010 when series of moves that Ramon and his wife made after the First
the COMELEC First Division granted Castillo’s petition, to Division’s April 19, 2010 ruling cannot erase the legal reality
which Ramon responded with a verified motion for that, at these various points, no disqualification had ripened
reconsideration. and became effective. To repeat, the cause for disqualification
is the election of the disqualified candidate to a fourth term – a
A significant aspect (although a negative one) of this development that never took place. Without a disqualified
development is that Ramon never indicated his clear intention candidate that Ruby was replacing, no substitution pursuant to
to withdraw his CoC. Despite the Aldovino ruling, he only Section 77 of the OEC could have taken place.56 This reality
manifested his recognition that he was disqualified and had removes the last ground that would have given Ruby the valid
asked for a ruling on Castillo’s petition. To be sure, he could opportunity to be her husband’s substitute. To note an obvious
have made a unilateral withdrawal with or without any point, the CoC that Ruby filed a week before the May 10,
intervention from the COMELEC First Division. The reality, 2010 elections could not have served her at all as her filing
however, was that he did not; he did not withdraw either from was way past the deadline that the COMELEC set.
his disqualification case nor his CoC, pursuant to Section 73
of the OEC; he opted and continued to act within the confines To return to the immediate issue at hand and as previously
of the pending case. discussed, a substitution under Section 73 of the OEC speaks
of an exceptional, not a regular, situation in an election and
A question that may possibly be asked is whether Ramon’s should be strictly interpreted according to its terms. In the
Manifestation recognizing his disqualification can be clearest and simplest terms, without a dead, withdrawing or
considered a withdrawal. The short answer, in my view, is that disqualified candidate of a registered party, there can be no
2
occasion for substitution. This requirement is both temporal Id. at 88-92.
and substantive. In the context of this case and in the absence
of a valid substitution of Ramon by Ruby, votes for Ramon 3
Id. at 229.
appearing in the ballots on election day could not have been
counted in Ruby’s favor.57 4
G.R. No. 184836, December 23, 2009, 609
SCRA 234.
With a fatally flawed substitution,
Ruby was not a candidate. 5
Rollo (G.R. No. 196804), pp. 98-101.
27
Section 13 of R.A. No. 9369, however, adds Miranda v. Abaya, 370 Phil. 642, 658
that "[a]ny person who files his certificate of (1999). See also Bautista v. Commission on
candidacy within this period shall only be Elections, 359 Phil. 1 (1998).
considered as a candidate at the start of the
28
campaign period for which he filed his Section 13 of R.A. No. 9369, COMELEC
certificate of candidacy: Provided, That, Resolution No. 8678 and Section 78 of
unlawful acts or omissions applicable to a OEC.
candidate shall effect only upon that start of
29
the aforesaid campaign period[.]" (italics 1987 Constitution, Article II, Section 26.
supplied)
30
See Pamatong v. Commission on
25
See Cipriano v. Commission on Elections, Elections, G.R. No. 161872, April 13, 2004,
479 Phil. 677, 689 (2004). 427 SCRA 96, 100-103.
26 31
The statutory basis is Section 74 of OEC Merriam-Webster’s 11th Collegiate
which provides: Dictionary, p. 655.
32
Section 74. Contents of certificate of If at all, only two grounds for
candidacy. - The certificate of candidacy disqualification under the Local Government
shall state that the person filing it is Code may as well be considered for the
announcing his candidacy for the office cancellation of a CoC, viz.: those with dual
stated therein and that he is eligible for said citizenship and permanent residence in a
office; if for Member of the Batasang foreign country, or those who have acquired
Pambansa, the province, including its the right to reside abroad and continue to
component cities, highly urbanized city or avail of the same right after January 1, 1992.
district or sector which he seeks to represent; It may be argued that these two
the political party to which he belongs; civil disqualifying grounds likewise go into the
status; his date of birth; residence; his post eligibility requirement of a candidate, as
office address for all election purposes; his stated under oath by a candidate in his CoC.
profession or occupation; that he will
support and defend the Constitution of the 33
Fermin v. Commission on Elections, G.R.
Philippines and will maintain true faith and Nos. 179695 and 182369, December 18,
allegiance thereto; that he will obey the 2008, 574 SCRA 782, 792-794.
laws, legal orders, and decrees promulgated
by the duly constituted authorities; that he is 34
See Section 7 of R.A. No. 6646.
not a permanent resident or immigrant to a
foreign country; that the obligation imposed 35
by his oath is assumed voluntarily, without Sections 68 and 12 of OEC cover these
mental reservation or purpose of evasion; acts: (i) corrupting voters or election
and that the facts stated in the certificate of officials; (ii) committing acts of terrorism to
candidacy are true to the best of his enhance candidacy; (iii) over spending; (iv)
knowledge. soliciting, receiving or making prohibited
contributions; (v) campaigning outside the
campaign period; (vi) removal, destruction
Unless a candidate has officially changed his or defacement of lawful election
name through a court approved proceeding, propaganda; (vii) committing prohibited
a certificate shall use in a certificate of forms of election propaganda; (viii)
candidacy the name by which he has been violating rules and regulations on election
baptized, or if has not been baptized in any propaganda through mass media; (ix)
church or religion, the name registered in the coercion of subordinates; (x) threats,
office of the local civil registrar or any other
45
intimidation, terrorism, use of fraudulent See: Section 72, OEC; Section 6, R.A. No.
device or other forms of coercion; (xi) 6646.
unlawful electioneering; (xii) release,
disbursement or expenditure of public funds; 46
Section 77 of OEC expressly allows
(xiii) solicitation of votes or undertaking any substitution of a candidate who is
propaganda on the day of the election; (xiv) "disqualified for any cause."
declaration as an insane; and (xv)
committing subversion, insurrection, 47
Aquino v. Commission on Elections, G.R.
rebellion or any offense for which he has No. 120265, September 18, 1995, 248
been sentenced to a penalty of more than SCRA 400, 424.
eighteen months or for a crime involving
moral turpitude. 48
Cayat v. Commission on Elections, G.R.
36 Nos. 163776 and 165736, April 24, 2007,
Salcedo II v. COMELEC, 371 Phil. 377, 522 SCRA 23, 43-47; Section 6 of R.A. No.
387 (1999), citing Aznar v. Commission on 6646.
Elections, 185 SCRA 703 (1990).
49
37 Grego v. Commission on Elections, G.R.
Lonzanida v. Commission on Elections, No. 125955, June 19, 1997, 274 SCRA 481,
311 SCRA 602 [1999]; Borja v. 501.
Commission on Elections 295 SCRA 157
(1998); Socrates v. Commission on 50
Elections, G.R. No. 154512, November 12, Separate from these considerations is the
2002; Latasa v. Commission on Elections, possibility that the candidacy of a third-
G.R. No. 154829, December 10, 2003, 417 termer may be considered a nuisance
SCRA 601; Montebon v. Commission on candidate under Section 69 of the Omnibus
Elections, G.R. No. 180444, April 9, 2008, Election Code. Nuisance candidacy, by
551 SCRA 50; Aldovino v. Commission on itself, is a special situation that has merited
Elections, G.R. No. 184836 December 23, its own independent provision that calls for
2009. the denial or cancellation of the CoC if the
bases required by law are proven; thus, it
38 shares the same remedy of cancellation for
Supra note 36, at 386-389. material misrepresentation on the eligibility
requirements. The possibility of being a
39
Loong v. Commission on Elections, G.R. nuisance candidate is not discussed as it is
No. 93986, December 22, 1992, 216 SCRA not in issue in the case.
760, 765-766.
51
Supra note 41.
40
Section 5(a) of R.A. No. 6646.
52
See comments at footnote 49 on the
41
Section 4(B) of COMELEC Resolution possibility of using the nuisance candidate
No. 8696 reads: provision under Section 69 of the OEC.
xxxx 54
Section 73 of the OEC states:
58
42
Section 253 of OEC. Section 44. Permanent Vacancies in the
Oj}ices of the Governor, Vice-Governor,
43 Mayor and Vice-Mayor. - (a) If a permanent
Section 15 of R.A. No. 9369. vacancy occurs in the office of the governor
or mayor, the vice-governor or vice-mayor
44
Miranda v. Abaya, supra note 27, at 658- shall become the governor or mayor.
660.
xxxx
For purposes of this Chapter, a permanent 3] On December 30, 2009, Ramon filed a
vacancy arises when an elective local Manifestation with Motion to Resolve SPA
official tills a higher vacant office, refuses to No. 09-029 (DC) wherein he insisted that
assume office, fails to quality, dies, is there was no misrepresentation on his part
removed from office, voluntarily resigns, or constituting a ground for a denial of due
is otherwise permanently incapacitated to course to his CoC or cancellation thereof,
discharge the functions of his office. but in view of the ruling in Aldovino,1 he
acknowledged that he was indeed not
59
See Gonzales V. Comelec (G.R. No. eligible and disqualified to run as Mayor of
192856, March 8, 2011, 644 SCRA 761, Lucena City, praying that
800) where the Court held that "the
ineligibility of a candidate receiving WHEREFORE, it is most
majority votes does not entitle the eligible respectfully prayed that the instant
candidate receiving the next highest number petition be SUBMITTED for
of votes to be declared elected. A minority decision and that he be declared as
or defeated candidate cannot be deemed DISQUALIFIED to run for the
elected to the office. The votes intended for position of Mayor of Lucena City
the disqualified candidate should not be in view of the new ruling laid down
considered null and void, as it would amount by the Supreme Court. [Emphasis
to disenfranchising the electorate in whom supplied]
sovereignty resides. The second place is just
that, a second placer - he lost in the elections 4] On April 19, 2010, the Comelec First
and was repudiated by either the majority or Division promulgated its resolution
plurality of voters." disqualifying Ramon from running as Mayor
of Lucena City in the May 10, 2010 local
elections, the dispositive portion of which
The Lawphil Project - Arellano Law Foundation reads:
WHEREFORE, premises
considered, the instant Petition is
CONCURRING AND DISSENTING OPINION hereby GRANTED. Accordingly,
Ramon S. Talaga, Jr. is hereby
DISQUALIFIED to run for Mayor
MENDOZA, J.:
of Lucena City for the 10 May
2010 National and Local Elections.
The subject consolidated petitions for certiorari seek to annul [Emphases supplied]
and set aside the En Banc Resolution of the Commission on
Elections (Comelec) in SPC No. 10-024, dated May 20, 2011,
5] On April 21, 2010, Ramon filed
which, among others, ordered the respondent Vice-Mayor to
a Verified Motion for
succeed as Mayor of Lucena City, pursuant to Section 44 of
Reconsideration in SPA No. 09-
the Local Government Code.
029.
(b) No local elective official shall serve for more than three Accordingly, when his CoC was denied due course or
consecutive terms in the same position. Voluntary cancelled, Ramon was never considered a candidate at all from
renunciation of the office for any length of time shall not be the beginning.
considered as an interruption in the continuity of service for
the full term for which the elective official concerned was
elected. Indeed, on April 21, 2010, Ramon filed a Verified Motion for
Reconsideration, but on May 4, 2010, at 9:00 o’clock in the
morning, he filed an Ex Parte Manifestation of Withdrawal of
In Lonzanida v. Commission on Elections,16 the Court held the Pending Motion for Reconsideration. His motion, in effect,
that the two conditions for the application of the rendered the April 19, 2010 Resolution of the Comelec First
disqualification must concur: 1) that the official concerned has Division as final and executory pursuant to Section 13, Rule
been elected for three consecutive terms in the same local 18 of the 1993 COMELEC Rules of Procedure, which reads:
government post; and 2) that he has fully served three
consecutive terms. In Aldovino v. Comelec,17 the Court
stressed that "preventive suspension, by its nature, does not Sec. 13. Finality of Decisions or Resolutions. - (a) In ordinary
involve an effective interruption of a term and should actions, special proceedings, provisional remedies and special
therefore not be a reason to avoid the three-term limitation." reliefs; a decision or resolution of the Commission en banc
shall become final and executory after thirty (30) days from its
promulgation.
Contending that Ramon was ineligible and must be
disqualified to run again as Mayor, Castillo filed before the
Comelec a petition entitled, "In the Matter of the Petition To (b) In Special Actions and Special Cases, a
Deny Due Course or to Cancel Certificate of Candidacy of decision or resolution of the Commission en
Ramon Y. Talaga, Jr. as Mayor For Having Already Served banc shall become final and executory after
Three (3) Consecutive Terms as a City Mayor of Lucena," five (5) days from its promulgation unless
praying "that the Certificate of Candidacy filed by the restrained by the Supreme Court.
(c) Unless a motion for reconsideration is substitute could only be considered as stray and could not be
seasonably filed, a decision or resolution of counted.
a Division shall become final and executory
after the lapse of five (5) days in Special The Second Placer Doctrine
actions and Special cases and after fifteen
(15) days in all other actions or proceedings, The second placer doctrine applies only in case of a vacancy
following its promulgation. caused by a disqualification under Section 12 and Section 68
of the OEC and Section 40 of the LGC or quo warranto
The reason is that a motion for reconsideration once petition under Section 253. When a winning candidate is
withdrawn has the effect of cancelling such motion as if it was disqualified under Section 12 and Section 68 of the
never filed. In Rodriguez v. Aguilar,23 it was written:
OEC and Section 40 of the LGC or unseated under Section
Upon the withdrawal by respondent of his Motion for 253, a vacancy is created and succession under Section 44 of
Reconsideration, it was as if no motion had been filed. Hence, the the Local Government Code33 becomes operable. Section
the Order of the trial court under question became final and 44 provides:
executory 15 days from notice by the party concerned.
CHAPTER II
In the same manner that the withdrawal of an appeal has the Vacancies and Succession
effect of rendering the appealed decision final and executory,
the withdrawal of the Motion for Reconsideration in the Section 44. Permanent Vacancies in the Offices of the
present case had the effect of rendering the dismissal Order Governor, Vice-Governor, Mayor, and Vice-Mayor. - If a
final and executory. By then, there was no more complaint that permanent vacancy occurs in the office of the governor or
could be amended, even for the first time as a matter of right. mayor, the vice-governor or vice-mayor concerned shall
become the governor or mayor. If a permanent vacancy occurs
Although the April 19, 2010 Resolution became final and in the offices of the governor, vice-governor, mayor, or vice-
executory on April 24, 2010, it has no effect on Ramon’s mayor, the highest ranking sanggunian member or, in case of
candidacy or his purported substitute because his certificate his permanent inability, the second highest ranking sanggunian
was void from the beginning. The date of the finality of the member, shall become the governor, vice-governor, mayor or
denial of due course or cancellation of a CoC has no vice-mayor, as the case may be. Subsequent vacancies in the
controlling significance because, as consistently ruled in said office shall be filled automatically by the other
Bautista,24 Miranda,25 Gador,26 and Fermin,27 "the person sanggunian members according to their ranking as defined
whose certificate is cancelled or denied due course under herein.
Section 78 is not treated as a candidate at all."
(b) If a permanent vacancy occurs in the
No substitution in case of cancellation office of the punong barangay, the highest
or denial of due course of a CoC ranking sanggunian barangay member or, in
case of his permanent inability, the second
As Ramon was never a candidate at all, his substitution by highest ranking sanggunian member, shall
Barbara Ruby was legally ineffectual. This was the clear become the punong barangay.
ruling in the case of Miranda v. Abaya,28 where it was ruled
that "considering that Section 77 of the Code is clear and (c) A tie between or among the highest
unequivocal that only an official candidate of a registered or ranking sanggunian members shall be
accredited party may be substituted, there demonstrably resolved by the drawing of lots.
cannot be any possible substitution of a person whose
certificate of candidacy has been cancelled and denied due (d) The successors as defined herein shall
course." serve only the unexpired terms of their
predecessors.
There being no valid substitution,
the candidate with the highest number For purposes of this Chapter, a permanent vacancy arises
of votes should be proclaimed as the when an elective local official fills a higher vacant office,
duly elected mayor refuses to assume office, fails to qualify, dies, is removed from
office, voluntarily resigns, or is otherwise permanently
As there was no valid substitution, Castillo, the candidate with incapacitated to discharge the functions of his office.
the highest number of votes is entitled to be, and should have
been, proclaimed as the duly elected mayor. The reason is that For purposes of succession as provided in the Chapter, ranking
he is the winner, not the loser. He was the one who garnered in the sanggunian shall be determined on the basis of the
the highest number of votes among the recognized legal proportion of votes obtained by each winning candidate to the
candidates who had valid CoCs. Castillo was not the second total number of registered voters in each district in the
placer. He was the first placer. immediately preceding local election.
On this score, I have to digress from the line of reasoning of As stated therein, one of the causes for a vacancy is when a
the majority and register my dissent. winning candidate fails to qualify or is disqualified. The
vacancy is created when a first placer is disqualified after the
The ruling in Cayat is applicable because, although the elections. This is very clear because before an election, there is
petition therein was for disqualification, the CoC of Cayat was no first placer to speak of.
cancelled. At any rate, even granting that it is not exactly at all
fours, the undisputed fact is that Castillo’s petition is one As the CoC of Ramon was cancelled, he was not a candidate
under Section 78. That being the case, the applicable rule is at all. As he was not a candidate, he could not be considered a
that enunciated in in Bautista,29 Miranda,30 Gador,31 and first placer. The first placer was the bona fide candidate who
Fermin32 - "the person whose certificate is cancelled or denied garnered the highest number of votes among the legally
due course under Section 78 is not treated as a candidate at recognized candidates – Castillo.
all." The votes cast for him and those for his purported
As Ramon was not a candidate, his purported substitute, served as mayor of the city for almost a decade. This cannot
Barbara Ruby, was not a bona fide candidate. There is, be classified as an innocuous mistake because the proscription
therefore, no vacancy, the only situation which could start the was prescribed by the Constitution itself. Indeed, voting for a
ball rolling for the operation of the rule of succession under person widely known as having reached the maximum term of
Rule 44 of the Local Government Code. office set by law was a risk which the people complacently
took. Unfortunately, they misapplied their franchise and
Granting arguendo that Castillo was squandered their votes when they supported the purported
the second placer, the doctrine would substitute, Barbara Ruby. Thus, the said votes could only be
still not apply treated as stray, void, or meaningless.
Granting arguendo that Castillo was a second placer, the In view of all the foregoing, I vote that the petition of Barbara
rejection of the second placer doctrine, first enunciated in Ruby be DENIED and the petition of Castillo be GRANTED.
Labo v. Comelec,34 would still not apply in this situation. In
Labo and similarly situated cases, it was ruled that "the JOSE CATRAL MENDOZA
subsequent disqualification of a candidate who obtained the Associate Justice
highest number of votes does not entitle the candidate who
garnered the second highest number of votes to be declared the Footnotes
winner." The Labo ruling, however, is not applicable in the
situation at bench for two reasons: First, Ramon was not a 1
Aldovino , Jr. v. Commission on Elections,
candidate as he was disqualified by final judgment before the G.R. No. 184836, December 23, 2009, 609
elections; and Second, the situation at bench constitutes a clear SCRA 235, where it was ruled that
exception to the rule as stated in Labo v. Comelec, 35 Cayat v. preventive suspension, being a mere
Comelec36 and Grego v. Comelec.37 temporary incapacity, was not a valid
ground for avoiding the three-term limit
On the first ground, in Cayat, it was ruled that Labo is rule.
applicable only when there is "no final judgment of
disqualification before the elections." Specifically, Cayat 2
Bellosillo, Marquez and Mapili, Effective
reads: Litigation & Adjudication of Election
Contests, 2012 Ed., p. 47.
Labo, Jr. v. COMELEC, which enunciates the doctrine on the
rejection of the second placer, does not apply to the present 3
G.R. No. 135691, September 27, 1999, 315
case because in Labo there was no final judgment of SCRA 266, 276.
disqualification before the elections. The doctrine on the
rejection of the second placer was applied in Labo and a host 4
of other cases because the judgment declaring the candidate’s Gonzales v. Comelec, G.R. No. 192856,
disqualification in Labo and the other cases had not become March 8, 2011, 644 SCRA 761.
final before the elections. To repeat, Labo and the other cases
5
applying the doctrine on the rejection of the second placer G.R. No. 191938, July 2, 2010, 622 SCRA
have one common essential condition — the disqualification 744.
of the candidate had not become final before the elections.
This essential condition does not exist in the present case. 6
G.R. No. 179695, December 18, 2008, 574
[Emphases supplied] SCRA 782.
18
Supra note 11. Ramon countered that the three-term limit rule did not apply to
him since the Sandiganbayan preventively suspended him
19
Supra note 12. from office during his second and third terms4 in connection
with Criminal Case 27738. In support of his contention,
20 Ramon cited the COMELEC resolution in Aldovino v.
Supra note 12.
Asilo5 which held that the terms during which an elected
21
official was preventively suspended should not be counted for
Supra note 6. purposes of applying the three-term limit rule. Parenthetically,
the cited COMELEC resolution was still pending
22
G.R. No. 163776, April 24 2007, 522 consideration by the Supreme Court in G.R. 184836, entitled
SCRA 23. "Aldovino, Jr. v. Commission on Elections."6
23
G.R. No. 159482, 505 Phil. 468 (2005). Eventually, on December 23, 2009 the Supreme Court
reversed and set aside the COMELEC resolution in Aldovino
24
Supra note 11. that Ramon invoked.7 The Court held that preventive
suspension does not constitute interruption of a term or loss of
25
Supra note 12. office. Such suspension amounts to a mere temporary
incapacity of an elected official to perform the service
26 demanded by his office. Thus, preventive suspension is not a
Supra note 12.
valid ground for avoiding the three-term limit rule.
27
Supra note 6.
In view of the Supreme Court decision in Aldovino, on
28
December 30, 2009 Ramon filed with the COMELEC a
Supra note 9. manifestation with motion to resolve,8 conceding the fact of
his disqualification for a fourth term. Acting on his motion, on
29
Supra note 11. April 19, 2010 the COMELEC First Division issued a
resolution, granting Castillo’s petition and disqualifying
30
Supra note 12. Ramon.9
31
Supra note 12. Ramon filed a motion for reconsideration of the COMELEC
First Division’s April 19, 2010 resolution10 but, before the
32
Supra note 6. COMELEC En Banc could act on his motion, he filed at 9:00
a.m. on May 4, 2010 an ex parte manifestation withdrawing
33 the motion.11 At 4:30 p.m. on the same date, Barbara Ruby
Republic Act No. 7160; An Act Providing Talaga (Ruby) filed a COC for mayor of Lucena City in
for a Local Government Code of 1991. substitution of her husband Ramon. She attached a Certificate
of Nomination and Acceptance (CONA) from Lakas-Kampi-
34
257 Phil. 1 (1989). CMD, the party that nominated Ramon.12
35
Id. Meanwhile, acting on Ramon’s ex parte manifestation, the
COMELEC En Banc issued an order on May 5, 2010,
36
G.R. No. 163776, April 24, 2007, 522 declaring the Division’s April 19, 2010 resolution that
SCRA 23. disqualified him final and executory.13 Three days later or on
May 8, 2010, the COMELEC Law Department wrote a
memorandum to the COMELEC En Banc, recommending that Upon Castillo and Alcala’s motion for reconsideration,
Ruby’s COC be given due course.14 however, on May 20, 2011 the COMELEC En Banc issued a
resolution,23 reversing the Second Division’s ruling. The En
In the meantime, the automated elections took place two days Banc held a) that Resolution 8917 could not attain finality
later on May 10, 2010. Inevitably, although it was Ramon’s since the COMELEC issued it merely as an incident of its
name that was on the pre-printed ballot, the votes cast for that ministerial duty to receive COCs of substitute candidates; and
name were counted for Ruby, his substitute candidate. She got b) that COMELEC issued Resolution 8917 without hearing the
44,099 votes as against Castillo’s 39,615 votes. interested parties on the issue of substitution.
Castillo promptly filed a petition before the City Board of Further, the COMELEC En Banc found that Resolution 8917
Canvassers (CBOC) asking for the suspension of Ruby’s was based on the wrong facts. Ruby filed her COC at 4:30
proclamation on the ground that the issue of her substitution of p.m. on May 4, 2010, not on May 5 as the resolution stated.
her husband was still pending before the COMELEC.15 As it The COMELEC resolved to disqualify Ramon with finality
happened, acting on the COMELEC Law Department’s only on May 5. Consequently, Ruby could not have properly
memorandum, on May 13, 2010 the COMELEC En Banc substituted Ramon; she simply became an additional candidate
issued Resolution who filed her COC out of time. Thus, said the En Banc, Vice-
Mayor Alcala should succeed to the position pursuant to
8917, giving due course to Ruby’s COC and CONA and Section 44 of the Local Government Code. Chairman Sixto S.
directing her inclusion in the certified list of candidates. In Brillantes, Jr. dissented from the majority.
view of this, the CBOC proclaimed Ruby winner in the
mayoralty race.16 Ruby and Castillo assailed the COMELEC En Banc’s
resolution via these consolidated petitions for certiorari and
On May 20, 2010 Castillo filed with the COMELEC’s Second prohibition. On June 21, 2011 the Court issued a status quo
Division a petition for annulment of Ruby’s proclamation in ante order in G.R. 196804.24
SPC 10-024, alleging that she could not substitute Ramon,
whose COC had been cancelled and denied due course. Citing Issues Presented
Miranda v. Abaya,17 Castillo pointed out the denial or
cancellation of Ramon’s COC made it impossible for Ruby to Was Ramon merely disqualified from running for mayor or
substitute him since, to begin with, he did not have a valid was his COC in fact cancelled or denied due course?
candidacy. And Ruby could not be considered a candidate
since the COMELEC approved her substitution three days Did Ruby validly substitute Ramon as candidate for mayor of
after the elections. Castillo concluded that the votes for Ramon Lucena City?
should be considered stray.18
Discussion
In her comment on the petition before the COMELEC,19 Ruby
insisted that she validly substituted her husband since the There are two remedies available to prevent a candidate from
COMELEC En Banc in fact approved through Resolution running in an election: a petition for disqualification, and a
8917 its Law Department’s finding that Ramon was petition to deny due course to or cancel a COC. The majority
disqualified. The En Banc had no occasion to deny due course holds that, in resolving the case before it, the COMELEC had
to or cancel Ramon’s COC. Notably, Castillo failed to appeal in fact denied due course to and cancelled
Resolution 8917. Further, the COMELEC First Division’s
April 19, 2010 resolution merely declared Ramon disqualified
from running for a fourth term. It made no finding that he Ramon’s COC.
committed misrepresentation, the ground for denial or
cancellation of his COC. I disagree. Although Castillo denominated his petition as one
for cancellation or denial of due course to Ramon’s COC and
Ruby also insisted that the COMELEC did not have to sought the same relief, it did not raise any of the specified
approve her substitution of Ramon since the law even allowed grounds for such action under Sections 69 and 78 of the
a substitute to file his COC before the Board of Election Omnibus Election Code that read:
Inspectors (BEI) if the cause for substitution occurs
immediately prior to election day. Section 12 of Republic Act Sec. 69. Nuisance candidates. – The Commission may motu
(R.A.) 9006 is also explicit that, in case of valid substitution, proprio or upon verified petition of an interested party, refuse
the rule considering votes cast for a substituted candidate as to give due course to or cancel a certificate of candidacy if it is
stray votes shall not apply if the substitute candidate has the shown that said certificate has been filed to put the election
same family name as the one he replaces. Thus, votes cast for process in mockery or disrepute or to cause confusion among
Ramon were properly counted in her favor. the voters by the similarity of the names of the registered
candidates or by other circumstances or acts which clearly
On July 26, 2010 respondent Roderick A. Alcala (Alcala), the demonstrate that the candidate has no bona fide intention to
elected vice-mayor of Lucena City, sought to intervene in the run for the office for which the certificate of candidacy has
case. He claimed that, since Ruby’s substitution was invalid been filed and thus prevent a faithful determination of the true
and Castillo clearly lost the elections, he should assume the will of the electorate.
post of mayor under the rules of electoral succession.20
xxxx
21
In a resolution dated January 11, 2011, the COMELEC’s
Second Division dismissed Castillo’s petition and Alcala’s Sec. 78. Petition to deny due course to or cancel a certificate
petition-in-intervention. It held, first, that COMELEC En of candidacy. – A verified petition seeking to deny due course
Banc’s Resolution 8917, which had become final and or to cancel a certificate of candidacy may be filed by the
executory, already settled the issue of Ruby’s substitution; person exclusively on the ground that any material
second, that the Miranda v. Abaya22 ruling did not apply since representation contained therein as required under Section 74
Castillo’s petition cited no material misrepresentation that hereof is false. The petition may be filed at any time not later
could be ground for cancellation of Ramon’s COC; and, third, than twenty-five days from the time of the filing of the
the Omnibus Election Code does not require the COMELEC certificate of candidacy and shall be decided, after due notice
to first approve a substitution before it can take effect.
and hearing, not later than fifteen days before the election. denying due course to a COC under Sections 69 and 78 of the
(Emphasis supplied) Omnibus Election Code. Thus, it does not follow that a
disqualified candidate necessarily filed an invalid COC. A
Section 69 refers to nuisance candidates. Section 78, on the disqualified candidate whose COC was neither canceled nor
other hand, treats of material misrepresentation in the COC. denied due course may be substituted under the proper
Castillo’s petition made no claim that Ramon was a nuisance circumstances provided by law.
candidate or that he made some material misrepresentation in
his COC. All that the petition raised against Ramon’s Going to another point, it will be recalled that the COMELEC
candidacy is the fact that he had already served three First Division disqualified Ramon from running for mayor on
consecutive terms as mayor. April 19, 2010 upon Castillo’s petition. Ramon filed a motion
for reconsideration which went up to the COMELEC En Banc
Castillo of course points out that by filing a COC for mayor but at 9:00 a.m. on May 4, 2010 he filed an ex parte
after he had already served three consecutive terms, Ramon manifestation withdrawing his motion for reconsideration. In
actually misrepresented the fact of his eligibility for that the afternoon of the same day, Ruby filed her COC, admittedly
office, knowing that it was not the case. But this argument is before the COMELEC En Banc could act on Ramon’s
unavailing because at the time Ramon filed his COC the withdrawal of his motion for reconsideration. Only on the
COMELEC’s official stand, supported by this Court’s decision following day, May 5, did the COMELEC En Banc
in Borja, Jr. v. Commission on Elections,25 was that the terms acknowledge the withdrawal and considered the First
during which an elected official was preventively suspended Division’s April 19, 2010 resolution final and executory.28
should not be counted for purposes of applying the three-term
limit. It was only on December 23, 2009, nearly a month after The Office of the Solicitor General (OSG) joined Alcala and
Ramon filed his COC, that the Supreme Court reversed in Castillo in claiming that Ruby did not validly substitute
Aldovino, Jr. v. Commission on Elections the election body’s Ramon because at the time that she filed her COC, the
official stand. COMELEC had not yet disqualified Ramon by final judgment
as required by Section 77 of the Omnibus Election Code.
Thus, it cannot be said that Ramon knowingly misrepresented
his eligibility when he filed his COC. But Ramon’s withdrawal of his motion for reconsideration in
the morning of May 4, 2010 rendered the COMELEC First
While Castillo denominated his petition as one to deny due Division’s April 19, 2010 resolution final and executory, even
course to or cancel Ramon’s COC, and prayed for such without the En Banc’s formal action. The Court held in
remedies, the basic rule is that the nature of an action is Rodriguez, Jr. v. Aguilar, Sr.29 that a motion for
governed by the allegations in the petition, not by its caption reconsideration, once withdrawn, has the effect of canceling
or prayer. We cannot rely simply on the fact that the such motion as if it were never filed. The consequence of this
COMELEC resolution granted the petition without making is that the decision subject of the withdrawn motion for
any qualifications. A closer reading of the resolution will show reconsideration ipso facto lapses into finality upon the
that Ramon was merely being disqualified for having served expiration of period for appeal. Thus, in accordance with
three consecutive terms. It made no mention of Ramon’s COC COMELEC Rules, the April 19, 2010 resolution became final
as having been cancelled or denied due course, and indeed and executory five days from its promulgation or on April 24,
gave no grounds which would justify such a result. The 2010.30
ponencia cites
The May 5, 2010 COMELEC En Banc resolution merely
Miranda v. Abaya26 to justify its stand, but fails to note that in confirmed the final and executory nature of the First
Miranda the Court found that there was blatant Division’s April 19, 2010 resolution. As correctly observed by
misrepresentation, which is in clear contrast to this case. Chairman Brillantes in his dissent, the withdrawal’s effectivity
cannot be made to depend on COMELEC approval because, if
On the issue of substitution, the law specifically provides that such were the case, substitution of candidates may be
a candidate who has been disqualified for any cause may be frustrated by either the commission’s delay or inaction.
substituted by another. Section 77 of the Omnibus Election
Code (Batas Pambansa 881) states: Castillo claims that, for the substitution of a candidate to be
effective, the COMELEC must approve the same on or before
Sec. 77. Candidates in case of death, disqualification or election day.31 Here, the COMELEC En Banc issued
withdrawal. – If after the last day for the filing of certificates Resolution 8917 which approved Ruby’s COC on May 13,
of candidacy, an official candidate of a registered or accredited 2010 or three days after the elections.
political party dies, withdraws or is disqualified for any cause,
only a person belonging to, and certified by, the same political But no law makes the effectivity of a substitution hinge on
party may file a certificate of candidacy to replace the prior COMELEC approval. Indeed, it would be illogical to
candidate who died, withdrew or was disqualified. x x x require such prior approval since the law allows a substitute
(Emphasis supplied) candidate to file his COC even up to mid-day of election day
with any board of election inspectors in the political
Castillo cites Miranda v. Abaya27 as justification for rejecting subdivision where he is a candidate. Surely, this rules out the
the substitution of Ramon by Ruby. But the substitution that possibility of securing prior COMELEC approval of the
the Court did not allow in Miranda is the substitution of a substitution.
candidate whose COC has been ordered cancelled on the
grounds enumerated in Sections 69 and 78 of the Omnibus COMELEC Resolution 8917, which gave due course to
Election Code. The reasoning is that it is not possible to Ruby’s COC and directed her inclusion in the certified list of
substitute such a person since he cannot be considered a candidates, amounted to a mere formality since the
candidate at all. Substitution presupposes the existence of a substitution took effect when she filed her COC and the
candidate to be substituted. required CONA.
Miranda recognized that it is possible for a disqualified Finally, I would like to voice my concern regarding Justice
candidate to have a valid COC since the grounds for Arturo D.Brion’s view on the applicability of the three-term
disqualification are distinct from the grounds for canceling or limit rule as a ground for disqualification. In his separate
opinion, Justice Brion opines that a candidate who has already
15
served three consecutive terms can only be disqualified after Id. at 135-138.
he has been proclaimed as the winner for fourth term. His
theory is that the Constitution merely prohibits an official 16
Id. at 142-145.
from serving more than three consecutive terms; it does not
prohibit him from running for a fourth term. 17
370 Phil. 642 (1999).
25
Thus, while Justice Brion likewise concludes that the action 356 Phil. 467 (1998).
before the COMELEC was a petition for disqualification and
26
not for the denial or cancellation of his COC, I cannot entirely Supra note 17.
agree with his reasoning.
27
Id.
WHEREFORE, I vote to GRANT the petition of Barbara
Ruby Talaga in G.R. 196804, and DISMISS the petition of 28
Rollo, G.R. 196804, pp. 490-491, 527-
Philip M. Castillo in G.R. 197015 for lack of merit. 529.
ROBERTO A. ABAD 29
505 Phil. 468 (2005).
Associate Justice
30
Part IV, Rule 18, Section 13(b) in relation
Footnotes to Part V, B, Rule 25 of the 1993
COMELEC Rules of Procedure.
1
Rollo, G.R. 196804, pp. 218, 220.
31
Rollo, G.R. 197015, pp. 35-36.
2
Docketed as SPA 09-029 (DC:); id at 88-
91. 32
Supra note 6, at 266-267.
3
Id.
The Lawphil Project - Arellano Law Foundation
4
For the periods of October 13 to November
14, 2005 and September 4 to October 30,
2009; id at 229.
5
SEPARATE OPINION
Issued by the COMU .EC's Second
Division 011 November 21l, 2007 and
REYES, J.:
affirmed by the COMELEC En Banc on
October 7, 2008.
I concur with the ponencia’s conclusion that Section 44 of the
6 Local Government Code (LGC) should be applied in filing the
December 23, 2009, 609 SCRA 234.
permanent vacancy created in the office of the mayor.
7
However, I hold a different view on the nature of the petition
Id. at 266. filed to challenge of Ramon Talaga (Ramon).
8
Rollo, G.R. 196804, pp. 98-101. The petition filed against Ramon is
one for disqualification and not for
9
Id. at 102-105. cancellation of certificate of
candidacy (COC).
10
Id. at 106-124.
It is well to remember that Philip Castillo (Castillo) challenged
11
Id. at 126. Ramon’s candidacy by filing a petition which seeks to deny
due course or cancel the COC of the latter on the ground that
12
Id. at 130-131. he already served three (3) consecutive terms as City Mayor of
Lucena. I am of the view that the petition must be treated as
13
one for disqualification since the ground used to support the
Id. at 133-134. same, i.e. the violation of the three-term limit, is a
disqualifying circumstance which prevents a candidate from
14
Id. at 176-179. pursuing his candidacy.
Indeed, the violation of the three-term limit is not specifically to read and write, at least forty years of age on the day of the
enumerated as one of the grounds for the disqualification of a election, and a resident of the Philippines for at least ten years
candidate under Sections 12 and 68 of the Omnibus Election immediately preceding such election.
Code (OEC) or Section 40 of the LGC. Similarly, however,
the same ground is not particularly listed as a ground for Sec. 3. There shall be a Vice-President who shall have the
petition for cancellation of COC under Section 78 of the OEC, same qualifications and term of office and be elected with and
in relation to Section 74 thereof. The mentioned provisions in the same manner as the President. He may be removed from
read: office in the same manner as the President.
xxxx