Dumayas Vs

DUMAYAS vs. COMELEC

Held:

Facts: Petitioner Dumayas and respondent Bernal were rival candidates for the position in Mayor of Carles, Iloilo in the May 1998 synchronized elections. During the canvassing by the MBC, petitioner sought the exclusion of election returns for 3 precincts of Barangay Pantalan owing to alleged acts of terrorism, intimidation and coercion committed in said precincts during the casting and counting of votes. The MBC denied petitioner’s objections and proceeded with the canvass which showed respondent Bernal garnering more votes than the petitioner.

The filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre-proclamation controversy or amounts to the abandonment of one earlier filed, thus depriving the COMELEC of the authority to inquire into and pass upon the title of the protestee or the validity of his proclamation. The reason for this rule is that once the competent tribunal has acquired jurisdiction of an election protest or a petition for quo warranto, all questions relative thereto will have to be decided in the case itself and not in another proceeding, so as to prevent confusion and conflict of authority.

Petitioner appealed to the COMELEC Second Division which excluded election returns from 3 precincts and directed the MBC to reconvene and finish the canvass of the remaining or uncontested returns and then, to proclaim the winning mayoralty candidate. Private respondent Bernal moved for reconsideration of the decision of the Second Division with the COMELEC en banc. The MBC proclaim petitioner winner of the election. Private respondent Bernal filed an urgent motion to declare void petitioner’s proclamation. The duly proclaimed Vice-Mayor Betita, and private respondent Bernal filed n action for quo warranto against petitioner before the RTC of Iloilo. Petitioner filed with COMELEC en banc a motion to cancel Bernal’s motion for reconsideration and motion declare void petitioner’s proclamation on the ground that respondent Bernal should be deemed to have abandoned said motion when he filed quo warranto action. The COMELEC en banc reversed the decision of the Second Division, annulled the petitioner Dumayas’ proclamation; and constituted a new MBC. Respondent Bernal was proclaimed by the newly-constituted MBC as the duly-elected Mayor of the Municipality. Petitioner Dumayas asked the Supreme Court to set aside the COMELEC en banc resolution. Issue: Should respondent Bernal, who was named as petitioner in the quo warranto proceedings commenced before the regular court, be deemed to have abandoned the motions he had filed with respondent Commission? Did the COMELEC err in ordering the inclusion of the contested election returns in the canvassing of ballots

Nevertheless, the general rule is not absolute. It admits of certain exceptions, as where: (a) the board of canvassers was improperly constituted; (b) quo warranto was not the proper remedy; (c) what was filed was not really a petition for quo warranto or an election protest but a petition to annul a proclamation; (d) the filing of a quo warranto petition or an election protest was expressly made without prejudice to the pre-proclamation controversy or was made ad cautelam; and (e) the proclamation was null and void An examination of the petition filed primarily by Vice-Mayor Betita with the Regional Trial Court of Iloilo City reveals that it is neither a quo warranto petition under the Omnibus Election Code nor an election protest. Petition for quo warranto under the Omnibus Election Code raises in issue the disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the respondent from office but not necessarily to install the petitioner in his place. An election protest is a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns. It raises the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office The allegations contained in Betita's petition before the regular court do not present any proper issue for either an election protest or a quo warranto case under the Omnibus Election Code. Spl. Civil Action No. 98-141 appears to be in the nature of an action for usurpation of public office brought by Betita to assert his right to the position of Mayor pursuant to the rules on succession of local government officials contained in the Local Government Code. Although said petition is also denominated as a quo warranto petition under Rule 66 of the Rules of Court, it is different in nature from the quo warranto provided for in the Omnibus Election Code where the only issue proper for determination is either disloyalty or ineligibility of respondent therein. Neither can it be considered as an election protest since what was put forth as an issue in said petition was petitioner's alleged unlawful

assumption of the office of Mayor by virtue of his alleged illegal proclamation as the winning candidate in the election The Supreme Court held in the affirmative. The only evidence presented by the petitioner to prove the alleged irregularities were the self-serving contracts of his watchers and inspectors. Returns cannot be excluded on mere allegations that the returns are manufactured or fictitious when the returns on their face appear to be regular and without any physical signs of tampering. The election irregularities cited by the petitioner would require the presentation of evidence which cannot be done in a pre-proclamation controversy which is summary in nature.

COMELEC Chrisma filed her Luna certificate Candidacy of as candidate for the Hans 2004 Roger for elections a Lagayan However, Abra. Tomas Layao together others disqualification filed a petition her against registered voter not Bangued Lagayan and Furthermore can be no since Hans sought substituted to was only 20 years of the election. ruled favor of the case. this petition. Hence, grave committed abuse of it ruled that there valid was no Roger. a substitution valid .by The may COMELEC not, without the proceedings, proper deny to or due course candidacy in due form. filed In Sanchez v. that Court the question eligibility of or non-age beyond the is usual and cognizance COMELEC of candidate for the COMELEC Chrisma filed her Luna Candidacy as Hans 2004 Roger for elections a Lagayan However, Abra. Tomas Layao together others disqualification filed a petition her against registered voter not Bangued Lagayan and Furthermore can be no since Hans sought substituted to was only 20 years of the election. ruled favor of the case. this petition. Hence, grave committed abuse of it ruled that there valid was no Roger. a substitution valid .by The may COMELEC not, without the proceedings, proper deny to or due course certificate of candidacy in due form. filed In Sanchez v. that Court the question eligibility of or non-age beyond the is usual and cognizance COMELEC of the candidate for LUNA v COMELEC

Luna filed her certificate of candidacy for the position of vice-mayor of Lagayan, Abra as a substitute for Hans Roger, who withdrew his certificate of candidacy on the same date. Ruperto Blanco, Election Officer of Lagayan, Abra removed the name of Hans Roger from the list of candidates and placed the name of Luna. On 20 April 2004, private respondents Tomas Layao, Solomon Lalugan III, Nelia Lazaga, Anthony Layao, Cipriano Lapez, Jr., Victoria Layao, Moderno Lapez, Rodrigo Pariñas, and Eugenio Caber Donato (private respondents) filed a petition for the cancellation of the certificate of candidacy or disqualification of Luna. Private respondents alleged that Luna made a false material representation in her certificate of candidacy because Luna is not a registered voter of Lagayan, Abra but a registered voter of Bangued, Abra. Private respondents also claimed that Luna's certificate of candidacy was not validly filed because the substitution by Luna for Hans Roger was invalid. Private respondents alleged that Hans Roger was only 20 years old on election day and, therefore, he was disqualified to run for vice-mayor and cannot be substituted by Luna.

The COMELEC First Division granted the petition and denied due course to the substitution of Luna for Hans Roger. The COMELEC First Division ruled that, while Luna complied with the procedural requirements for substitution, Hans Roger was not a valid candidate for vice-mayor. The COMELEC First Division pointed out that Hans Roger, being underage, did not file a valid certificate of candidacy and, thus, Hans Roger was not a valid candidate for vice-mayor who could be substituted by Luna. The COMELEC First Division also ruled that Luna was not a registered voter of Lagayan, Abra and that this was sufficient to disqualify Luna from running as vice-mayor.

On 28 June 2004, Luna filed a motion for reconsideration with the COMELEC En Banc. Luna added that the 4 June 2004 Resolution was issued in violation of her right to due process because she was not given the opportunity to present evidence on her behalf with the COMELEC First Division. In the 22 November 2004 Resolution, the COMELEC En Banc denied the motion for reconsideration and affirmed with modification the 4 June 2004 Resolution. The COMELEC En Banc affirmed the finding that Hans Roger, being underage, may not be validly substituted by Luna. The COMELEC En Banc also ruled that Luna's right to due process was not violated because Luna was notified of the petition and was given the opportunity to be heard. However, the COMELEC En Banc ruled that Luna was a registered voter of Lagayan, Abra. Issue: WON COMELEC has jurisdiction over the case? Held: NO.

Under Rule 23 of the 1993 COMELEC Rules of Procedure, a petition to deny due course to or cancel a certificate of candidacy shall be heard summarily after due notice. The law mandates that the candidates must be notified of the petition against them and should be given the opportunity to present evidence on their behalf. This is the essence of due process. Hans Roger withdrew his certificate of candidacy. The Election Code allows a person who has filed a certificate of candidacy to withdraw the same prior to the election by submitting a written declaration under oath. There is no provision of law which prevents a candidate from withdrawing his certificate of candidacy before the election. On the same date, Luna filed her certificate of candidacy as substitute for Hans Roger. Section 77 of the Election Code prescribes the rules on substitution of an official candidate of a registered political party who dies, withdraws, or is disqualified for any cause after the last day for the filing of certificate of candidacy. Since Hans Roger withdrew his certificate of candidacy and the COMELEC found that Luna complied with all the procedural requirements for a valid substitution, Lunacan validly substitute for Hans Roger.

In this case, there was no petition to deny due course to or cancel the certificate of candidacy of Hans Roger. The COMELEC only declared that Hans Roger did not file a valid certificate of candidacy and, thus, was not a valid candidate in the petition to deny due course to or cancel Luna's certificate of candidacy. In effect, the COMELEC, without the proper proceedings, cancelled Hans Roger's certificate of candidacy and declared the substitution by Luna invalid. It would have been different if there was a petition to deny due course to or cancel Hans Roger's certificate of candidacy. For if the COMELEC cancelled Hans Roger's certificate of candidacy after the proper proceedings, then he is no candidate at all and there can be no substitution of a person whose

certificate of candidacy has been cancelled and denied due course. However, Hans Roger's certificate of candidacy was never cancelled or denied due course by the COMELEC. Moreover, Hans Roger already withdrew his certificate of candidacy before the COMELEC declared that he was not a valid candidate. Therefore, unless Hans Roger's certificate of candidacy was denied due course or cancelled in accordance with Section 78 of the Election Code, Hans Roger's certificate of candidacy was valid and he may be validly substituted by Luna.