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Angobung Vs Comelec

Ricardo Angobung was elected Mayor of Tumauini in 1995. In 1996, losing candidate Aurora De Alban filed a petition for recall with COMELEC. COMELEC approved the petition and scheduled a recall election. Angobung argued this was unconstitutional as the election was within a year of the previous election and the petition only had one signature. The Supreme Court ruled that while a regular election did not prevent a recall, the petition was invalid as it only contained one signature rather than the required 25% of registered voters. For a recall to be valid, it must be pursued by the people, not just one individual.

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578 views

Angobung Vs Comelec

Ricardo Angobung was elected Mayor of Tumauini in 1995. In 1996, losing candidate Aurora De Alban filed a petition for recall with COMELEC. COMELEC approved the petition and scheduled a recall election. Angobung argued this was unconstitutional as the election was within a year of the previous election and the petition only had one signature. The Supreme Court ruled that while a regular election did not prevent a recall, the petition was invalid as it only contained one signature rather than the required 25% of registered voters. For a recall to be valid, it must be pursued by the people, not just one individual.

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emman2g.2baccay
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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ANGOBUNG VS.

COMELEC, DE ALBAN
emmanuelgbaccaycpamba
Facts:
1. Ricardo Angobung and Atty. Aurora S. De Alban ran for the position of Mayor in
the Municipality of Tumauini in Isabela in the 1995 local elections. Angobung won
garnering 55% of all the votes cast.
2. In September 1996, Alban filed at her own instance a Petition for Reall with
the Local Election Registrar in Tumauini. The petition was forwarded to the
Regional Office and to the Main office for approval.
3. COMELEC en banc issued Resolution N. 96-2951 which:
a. Approved the Petition for Recall;
b. Setting a date for the signing of petition by the rest of the registered voters of
Tumauini; and
c. Should it be signed by at least 25% of the total number of registered voters,
scheduling of recall election on December 2, 1996.
4. Petitioner files a petition for certiorari and attacked the resolution for being
unconstitutional and therefor invalid. His contentions was that the resolution:
a. scheduled the recall election within one (1) year from the May 12, 1997
Barangay Elections in violation of one year bar on recall elections.
b. approved the Petition for Recall albeit same was signed by just one person in
violation of the statutory 25% minimum requirement as to the number of
signatures supporting and petition for recall.
Issue: Whether or not the contentions of the petitioner is meritorious.
Ruling:
1. As to contention (b), the date of recall election cannot be said to be barred by the
May 12, 1997 Barangay Elections. The approaching regular local election must be
one where the position of the official to be recalled, is to be actually contested and
filled by the electorate.
2. As to contention (a), The SC stated that Sec 29(d) of the LGC of 1991, provides, in
effect, that a petition of at least 25% of the total number registered voters, not by
one person only, may validly initiate recall proceedings.
The initiatory recall petition may not yet contain the signatures of at least 25% of
the total number of registered voters, but it must at least contain the names of at
least 25% of the total number of registered voters in whose behalf only one
person may sign the petition in the meantime.
In this case, the petition does not bear the names of all other citizens of Tumauini
who have reportedly become anxious to oust petitioner from the post of mayor.
3. The recall must be pursued by the people, not just by one disgruntled loser in the
elections or a small percentage of disenchanted electors.

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