Santiago vs Comelec 4.

There is no need to discuss whether the petition presents an amendment or revision of the
FACTS: Constitution.
On 6 December 1996, Atty. Jesus Delfin (President of the People’s Initiative for Reforms, Modernization The discussion on the issue of whether it is an amendment or a revision is unnecessary if not academic
and Action or PIRMA) filed with COMELEC a Petition to Amend the Constitution, to Lift Term Limits of since COMELEC has no jurisdiction.
Elective Officials (Delfin Petition) through Peoples’ Initiative based on Article XVII, Section 2 of the 5. The Supreme Court can take cognizance of the present petition for prohibition.
1987 Constitution, where Delfin asked the COMELEC for an order: COMELEC has no jurisdiction so it must be stopped from proceeding further. Moreover, petition for
 fixing the time and dates for signature gathering all over the country; prohibition is the proper remedy. In this case, the writ is necessary in view of the highly divisive
consequences on the body politic of the questioned Order. This political instability and legal confusion
 causing the necessary publications of the said Order in newspapers of general and local climate begs for judicial statesmanship because only the SC can save the nation in peril and uphold the
circulation; and
majesty of the Constitution
 instructing Municipal Election Registrars in all regions to assist petitioners and volunteers in
establishing signing stations at the time and dates designated for the purpose. EFREN RACEL ARATEA,Petitioner,vs.COMMISSION ON ELECTIONS and ESTELA D.
The COMELEC through its Chairman issued an Order directing Delfin to cause the publication of the ANTlPOLO,Respondents.
petition; and setting the case for hearing. G.R. No. 195229, October 9, 2012CARPIO,J.
At the hearing, the petitioner-intervenors appeared and on the same day, Senator Roco filed a Motion to FACTS: Lonzanida and Antipolo ran for Mayor of San Antonio, Zambales in 2010. Rodolfo filed a
Dismiss the Delfin Petition on the ground that it is not the initiatory petition properly cognizable by the petition under Section 78 of the Omnibus Election Code (OEC) to disqualify Lonzanida and to deny due
COMELEC. course or to cancel Lonzanidas certificate of candidacy on the ground that Lonzanida was elected, and had
Petitioner filed the special civil action for prohibition raising the following arguments: served, as mayor of San Antonio, Zambales for four (4) consecutive terms. The COMELEC Second
 The constitutional provision on people’s initiatives to amend the Constitution can only be Division cancelled Lonzanidas certificate of candidacy. Lonzanidas motion for reconsideration before the
implemented by a law to be passed by Congress. COMELEC En Banc remained pending during said elections. Lonzanida and Aratea garnered the highest
 RA No. 6735 provides for 3 systems of initiative (Constitution, statutes, local legislation) but it number of votes and were proclaimed Mayor and Vice-Mayor, respectively.Vice-Mayor elect Aratea took
failed to provide any subtitle on initiative on the Constitution. his oath of office as Acting Mayor. Subsequently, the COMELEC En Banc disqualified Lonzanida from
running for Mayor based on two grounds:(1), Lonzanida had served as Mayor for more than three
 RA 6735 only covers laws and not constitutional amendments. consecutive terms without interruption; and (2) Lonzanida had been convicted by final judgment of ten
 COMELEC Resolution No. 2300 (1991) to govern the conduct of initiative is ultra vires (beyond counts of falsification under the Revised Penal Code (RPC). Second-placer Antipolo intervened and
legal capacity) because only Congress is authorized by the Constitution to pass implementing claimed her right to be proclaimed as Mayor because Lonzanida ceased to be a candidate when the
law. COMELEC Division ordered the cancellation of his certificate of candidacy and the striking out of his
 People’s initiative is limited to amendments to the Constitution and not revision. name from the list of official candidates.Aratea asserted that Antipolo could not be proclaimed as the
winning candidate. He reasoned that since Lonzanidas disqualification was not yet final during election
 Congress has not yet appropriated funds for people’s initiatives. day, the votes cast in his favor could not be declared stray. Lonzanidas subsequent disqualification
ISSUES/HELD:
resulted in a permanent vacancy in the Office of Mayor, and Aratea, as the duly-elected Vice-Mayor was
1. Whether RA No. 6735 was intended to cover initiative on amendments to the Constitution – NO.
mandated to succeed as Mayor.
2. Whether that portion of COMELEC Resolution No. 2300 regarding the conduct of initiative on
amendments to the Constitution is valid – NO.
ISSUE: Whether Lonzanida was disqualified under Section 68 of the OEC, or made a false material
3. Whether the COMELEC has jurisdiction over a petition solely intended to obtain an order – NO.
representation under Section 78 of the OECthat resulted in his certificate of candidacy being voidab
4. Whether the lifting of term limits as proposed in the Delfin Petition would constitute a revision or
initio.Whether the second-placer or the Vice-Mayor elect should succeed as Mayor in this case.
an amendment to the Constitution – MOOT AND ACADEMIC.
5. Whether it is proper for the Supreme Court to take cognizance of the petition when there is a
RULING: The Court ruled that Lonzanida was disqualified under Sec. 78 of the OEC. It also held that
pending case before the COMELEC – YES.
Antipolo, the "second placer," should be proclaimed Mayor because Lonzanidas certificate of candidacy
RATIO:
was voidab initio. In short, Lonzanida was never a candidate at all. All votes for Lonzanida were stray
1. Article XVII, Section 2 of the 1987 Constitution is not self-executor and RA 6735 cannot be
votes. Thus, Antipolo actually garnered the highest number of votes for the position.Qualifications and
the implementing legislation.
DisqualificationsThe qualifications and disqualifications are laid by Sections 39 and 40 of the Local
Article XVII, Section 2 of the 1987 Constitution is not self-executory. The details for carrying out the
Government Code. Section 40 expressly provides, among others:Sec. 40.Disqualifications. - The
provision are left to the legislature. The interpellations which ensued on the modified amendment to
following persons are disqualified from running for any elective local position:(a)Those sentenced by final
Section 2 clearly showed that it was a legislative act which must implement the exercise of the right.
judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of
Furthermore, the modified amendment confines initiative to amendments to and not revision of the
imprisonment, within two (2) years after serving sentence;x x xSection 12 of the Omnibus Election Code
Constitution. However, RA 6735 does not provide for the contents of a petition for initiative on the
provides:Sec. 12.Disqualification. Any person who has been declared by competent authority insane or
Constitution because there was no subtitle provided for it. Hence, RA 6735 is not sufficient to be the
incompetent, or has beensentenced by final judgmentfor subversion, insurrection, rebellion orfor any
implementing legislation for Article XVII, Section 2 of the Constitution.
offense for which he was sentenced to a penalty of more than eighteen months or for a crime involving
2. The COMELEC Resolution is not valid.
moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has been given
Empowering the COMELEC, an administrative body, to promulgate rules and regulations is a form of
plenary pardon or granted amnesty.x x xFalse Material RepresentationSection 78 of the OEC states that a
delegation of legislative authority under the rule that what has been delegated cannot be delegated. It will
certificate of candidacy may be denied or cancelled when there isfalse material representation of the
only be valid if the law a) is complete in itself; and b) fixes a standard. However, these requirements were
contents of the certificate of candidacy.Section 74 of the OEC detailsthe contents of the certificate of
not met.
candidacy. This included among others a statement that the person filing it is eligible for said office.The
3. COMELEC has no jurisdiction over a petition solely intended to obtain an order.
conviction of Lonzanida by final judgment, with the penalty ofprisin mayor,disqualifies him perpetually
COMELEC acquires jurisdiction over a petition for initiative only after its filing and thus, becomes the
from holding any public office, or from being elected to any public office.This perpetual disqualification
initiatory pleading. The Delfin petition is not an initiatory pleading since it does not contain signatures of
took effect upon the finality of the judgment of conviction, before Lonzanida filed his certificate of
the required number of voters (under Sec 2 of Article XVII), COMELEC has no jurisdiction before its
candidacy. The penalty ofprisin mayorautomatically carries with it, by operation of law, the accessory
filing.
penalties of temporary absolute disqualification andperpetual special disqualification.Under Article 30 of Facts:
the RPC, temporary absolute disqualification produces the effect of "deprivation of the right to vote in any For four (4) successive regular elections, namely, the 2001, 2004, 2007 and 2010 national and local
election for any popular elective officeor to be elected to such office. The duration of temporary absolute elections, Abundo vied for the position of municipal mayor of Viga, Catanduanes.
disqualification is the same as that of the principal penalty ofprisin mayor. On the other hand, under In the 2004 electoral derby, however, the Viga municipal board of canvassers initially proclaimed as
Article 32 of the RPC,perpetual special disqualificationmeans that "the offender shall not be permitted to winner one Jose Torres (Torres), who, in due time, performed the functions of the office of mayor.
hold any public office during the period of his disqualification,which is perpetually.Both temporary Abundo protested
absolute disqualification and perpetual special disqualification constitute ineligibilities to hold elective Torres' election and proclamation. Abundo was eventually declared the winner of the 2004 mayoralty
public office.A person suffering from these ineligibilities is ineligible to run for elective public office, and electoral contest, paving the way for his assumption of office starting May 9, 2006 until the end of the
commits a false material representation if he states in his certificate of candidacy that he is eligible to so 2004-2007 term on June 30, 2007, or for a period of a little over one year... and one month.
run.Lonzanida became ineligible perpetually to hold, or to run for, any elective public office from the time Then came the May 10, 2010 elections where Abundo and Torres again opposed each other.
the judgment of conviction against him became final. The judgment of conviction was promulgated on 20 When Abundo filed his certificate of candidacy... for the mayoralty seat
July 2009 and became final on 23 October 2009, before Lonzanida filed his certificate of candidacy on 1 Torres lost no time in seeking the former's disqualification... to run,... predicated on the three-consecutive
December 2009 .Perpetual special disqualificationis a ground for a petition under Section 78 of the OEC term limit rule.
because this accessory penalty is anineligibility, which means that the convict is not eligible to run for On June 16, 2010,... COMELEC... issued a Resolution... finding for Abundo,... accordingly proclaimed
public office, contrary to the statement that Section 74 requires him to state under oath in his certificate of 2010 mayor-elect of Viga... private respondent Ernesto R. Vega (Vega) commenced a quo warranto...
candidacy. As this Court held inFermin v. Commission on Elections,the false material representation may action... to unseat Abundo on essentially the same grounds Torres raised in his petition to disqualify.
refer to "qualifications or eligibility. One who suffers from perpetual special disqualification is ineligible Issues:
to run for public office. If a person suffering from perpetual special disqualification files a certificate of The Commission En Banc committed grave abuse of discretion amounting to lack or excess of jurisdiction
candidacy stating under oath that "he is eligible to run for (public) office,"as expressly required under when it declared that Abundo has consecutively served for three terms despite the fact that he only served
Section 74, then he clearly makes a false material representationthat is a ground for a petition under the remaining one year and one month of the second... term as a result of an election protest.
Section 78. The dissenting opinions place the violation of the three-term limit rule as a disqualification whether the service of a term less than the full three years by an elected official arising from his being
under Section 68 as the violation allegedly is "a status, circumstance or condition which bars him from declared as the duly elected official upon an election protest is considered as full service of the term for
running for public office despite the possession of all the qualifications under Section 39 of the LGC." In purposes of the... application of the three consecutive term limit for elective local officials.
so holding the dissenting opinions write in the law what is not found in the law. Legal Duty of Ruling:
COMELECto Enforce Perpetual Special DisqualificationEven without a petition, the COMELEC is under The consecutiveness of what otherwise would have been Abundo's three successive, continuous
a legal duty to cancel the certificate of candidacy of anyone suffering from perpetual special mayorship was effectively broken during the 2004-2007 term when he was initially deprived of title to,
disqualification to run for public office by virtue of a final judgment of conviction. The final judgment of and was veritably... disallowed to serve and occupy, an office to which he, after due proceedings, was
conviction is judicial notice to the COMELEC of the disqualification of the convict from running for eventually declared to have been the rightful choice of the electorate.
public office. Effect of a Void Certificate of CandidacyA cancelled certificate of candidacy voidab To constitute a disqualification to run for an elective local office pursuant to the aforequoted constitutional
initiocannot give rise to a valid candidacy, and much less to valid votes.Lonzanidas disqualification is and statutory provisions, the following requisites must concur:
two-pronged: first, he violated the constitutional fiat on the three-term limit; and second,he is known to (1) that the official concerned has been elected for three consecutive terms in the same local government
have been convicted by final judgment for ten (10) counts of Falsification. In other words, on election day, post; and
respondent Lonzanidas disqualification is notoriously known in fact and in law.Ergo, since respondent (2) that he has fully served three consecutive terms.
Lonzanida wasnever a candidatefor the position, the votes cast for him should be considered stray votes. the Court finds Abundo's case meritorious and declares that the two-year period during which his
Consequently, Intervenor Antipolo should now be proclaimed as the duly elected Mayor. opponent, Torres, was serving as mayor should be considered as an interruption, which effectively
removed Abundo's case from the ambit of the three-term... limit rule.
DISSENTING OPINIONBRION,J.:The violation of the three-term limit rule cannot be a ground for the during the term 2004-2007, and with the enforcement of the decision of the election protest in his favor,...
cancellation of a CoC. It is an appropriate ground for disqualification; thus, Dr. Rodolfo should be deemed Abundo assumed the mayoralty post... for a period of a little over one year... and one month... it cannot be
to have filed a petition for disqualification, not a petition for the cancellation of Lonzanidas CoC. A said that Mayor Abundo was able to serve fully the entire 2004-2007 term to which he was otherwise
resulting disqualification based on a violation of the three-term limit rule cannot begin to operate entitled.
untilafterthe elections, where the three-term official emerged as victorious. The prohibition against In the present case, during the period of one year and ten months,... Abundo cannot plausibly claim, even
Lonzanida only took placeafterhis election for his fourth consecutive term. With Lonzanida ineligible to if he wanted to, that he could hold office of the mayor as a matter of right. Neither can he assert title to the
assume office, the Vice-Mayor takes over by succession.DISSENTING OPINIONREYES,J.:The violation same nor... serve the functions of the said elective office.
of the three-term limit cannot be a ground for cancellation of COC. To emphasize, this remedy can only The reason is simple: during that period, title to hold such office and the corresponding right to assume the
be pursued in cases of material misrepresentation in the CoC, which are limited to the details that must be functions thereof still belonged to his opponent, as proclaimed election winner.
stated therein. Antipolos contention that Lonzanida should be deemed to have made a misrepresentation in Abundo cannot be said to have retained title to the mayoralty office as he was at that time not the duly
his COC when he stated that he was eligible to run when in fact he was not is inconsistent with the basic proclaimed winner who would have the legal right to assume and serve such elective office. For... another,
rule in statutory construction that provisions of a law should be construed as a whole and not as a series of not having been declared winner yet, Abundo cannot be said to have lost title to the office since one
disconnected articles and phrases. Considering that the number of terms for which a local candidate had cannot plausibly lose a title which, in the first place, he did not have. Thus, for all intents and purposes,...
served is not required to be stated in the CoC, it cannot be a ground for a petition to cancel a CoC.The Abundo was not entitled to the elective office until the election protest was finally resolved in his favor.
petition filed by Dra. Rodolfo against Lonzanida should be considered a petition for disqualification and Consequently, there was a hiatus of almost two years, consisting of a break and effective interruption of
not a petition to cancel a CoC.In the event that a vacancy is created in the office of the mayor, it is the his service, until he assumed the office and served barely over a year of the remaining term.
duly-elected vice-mayor, petitioner Aratea in this case, who shall succeed as mayor.
Jalosjos vs Comelec
Read the case dela cruz vs Comelec Facts:
Assailed in this petition for certiorari[1] filed under Rule 64 in relation to Rule 65 of the Rules of Court is
Abundo vs Comelec the Commission on Elections' (COMELEC) En Banc Resolution No. 9613[2] dated January 15,... 2013,
ordering the denial of due course to and/or cancellation of petitioner Romeo G. Jalosjos' certificate of The above-cited constitutional provision requiring a motion for reconsideration before the COMELEC En
candidacy (CoC) as a mayoralty candidate for Zamboanga City. Banc may take action is confined only to cases where the COMELEC exercises its quasi-judicial power.
The Facts It finds no application, however, in matters concerning the
On November 16, 2001, the Court promulgated its Decision in G.R. Nos. 132875-76, entitled "People of COMELEC's exercise of administrative functions.
the Philippines v. Romeo G. Jalosjos,"[3] convicting petitioner by final judgment of two (2) counts of The distinction between the two is well-defined.
statutory rape and six (6) counts of acts of... lasciviousness.[4] Consequently, he was sentenced to suffer [T]he term 'administrative' connotes, or pertains, to 'administration, especially management, as by
the principal penalties of reclusion perpetua and reclusion temporal[5] for each count, respectively, which managing or conducting, directing or superintending, the execution, application, or conduct of persons or
carried the accessory penalty of perpetual absolute... disqualification pursuant to Article 41 of the Revised things. It does not entail an... opportunity to be heard, the production and weighing of evidence, and a
Penal Code (RPC). decision or resolution thereon.
On April 30, 2007, then President Gloria Macapagal Arroyo issued an order commuting his prison term to While a 'quasi-judicial function' is a term which applies to the action, discretion, etc., of public
sixteen (16) years, three (3) months and three (3) days (Order of administrative officers or bodies, who are required... to investigate facts, or ascertain the existence of
Commutation). facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise
After serving the same, he was issued a Certificate of Discharge From Prison on March 18, 2009 discretion of a judicial nature.
On April 26, 2012,[8] petitioner applied to register as a voter in Zamboanga City. However, because of his Crucial therefore to the present disquisition is the determination of the nature of the power exercised by
previous conviction, his application was denied by the Acting City Election Officer of the Election the COMELEC En Banc when it promulgated Resolution No. 9613.
Registration Board (ERB), prompting him to file a In Jalosjos, Jr. and Cardino, the Court held that the COMELEC's denial of due course to and/or
Petition for Inclusion in the Permanent List of Voters (Petition for Inclusion) before the Municipal Trial cancellation of a CoC in view of a candidate's disqualification to run for elective office based on a... final
Court in Cities of Zamboanga City, Branch 1 (MTCC). conviction is subsumed under its mandate to enforce and administer all laws relating to the conduct of
Pending resolution of the same, he filed a CoC[10] on October 5, 2012,... seeking to run as mayor for elections.
Zamboanga City in the upcoming local elections scheduled on May 13, 2013 (May 2013 Elections). Accordingly, in such a situation, it is the COMELEC's duty to cancel motu proprio the candidate's CoC,
n his CoC, petitioner stated, inter alia, that he is eligible for the said office and that he is a registered voter notwithstanding the absence of any... petition initiating a quasi-judicial proceeding for the resolution of
of Barangay Tetuan,... Zamboanga City. the same.
On October 18, 2012,[11] the MTCC denied his Petition for Inclusion on account of his perpetual absolute Even without a petition under either Section 12 or Section 78 of the Omnibus Election Code, or under
disqualification which in effect, deprived him of the right to vote in any election. Section 40 of the Local Government Code, the COMELEC is under a legal duty to cancel the certificate of
Such denial was affirmed by the Regional Trial Court of Zamboanga candidacy of anyone suffering from the accessory... penalty of perpetual special disqualification to run for
City, Branch 14 (RTC) in its October 31, 2012 Order[12] which, pursuant to Section 138[13] of Batas public office by virtue of a final judgment of conviction.
Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code" (OEC), was The final judgment of conviction is notice to the COMELEC of the disqualification of the convict from
immediately final and executory. running for public office.
Meanwhile, five (5) petitions were lodged before the COMELEC's First and Second Divisions The law itself... bars the convict from running for public office, and the disqualification is part of the final
(COMELEC Divisions), praying for the denial of due course to and/or cancellation of petitioner's CoC judgment of conviction.
Pending resolution, the COMELEC En Banc issued motu proprio Resolution The final judgment of the court is addressed not only to the Executive branch, but also to other
No. 9613[14] on January 15, 2013, resolving "to CANCEL and DENY due course the Certificate of government agencies tasked to implement the final... judgment under the law.
Candidacy filed by Romeo G. Jalosjos as Mayor of Zamboanga City in the May 13, 2013 National and Whether or not the COMELEC is expressly mentioned in the judgment to implement the disqualification,
Local Elections" due to his perpetual... absolute disqualification as well as his failure to comply with the it is assumed that the portion of the final judgment on disqualification to run for elective public office is
voter registration requirement. addressed to the COMELEC because under the Constitution the COMELEC... is duty bound to "[e]nforce
As basis, the COMELEC En Banc relied on the Court's pronouncement in the consolidated cases of and administer all laws and regulations relative to the conduct of an election."
Dominador Jalosjos, Jr. v. COMELEC and Agapito Cardino v. The disqualification of a convict to run for public office under the Revised Penal Code, as affirmed by
COMELEC[15] (Jalosjos, Jr. and Cardino). final judgment of a competent court, is part of the... enforcement and administration of "all laws" relating
Issues: to the conduct of elections.
Issues Before the Court Applying these principles to the case at bar, it is clear that the COMELEC En Banc did not exercise its
(a) whether the COMELEC En Banc acted beyond its jurisdiction when it issued motu proprio Resolution quasi-judicial functions when it issued Resolution No. 9613 as it did not assume jurisdiction over any
No. 9613 and in so doing, violated petitioner's right to due process pending petition or resolve any election case before it or... any of its divisions.
(b) whether petitioner's... perpetual absolute disqualification to run for elective office had already been Rather, it merely performed its duty to enforce and administer election laws in cancelling petitioner's CoC
removed by Section 40(a) of Republic Act No. 7160, otherwise known as the "Local Government Code of on the basis of his perpetual absolute disqualification, the fact of which had already been established by
1991" (LGC). his final conviction
Ruling: In... this regard, the COMELEC En Banc was exercising its administrative functions, dispensing with the
The Court's Ruling need for a motion for reconsideration of a division ruling under Section 3, Article IX-C of the
The petition is bereft of merit. Constitution, the same being required only in quasi-judicial... proceedings.
At the outset, the Court observes that the controversy in this case had already been mooted by the while the denial of due course to and/or cancellation of one's CoC generally necessitates the exercise of
exclusion of petitioner in the May 2013 Elections. the COMELEC's quasi-judicial functions commenced through a petition based on either Sections 12[20]
Nevertheless, in view of the doctrinal value of the issues raised herein, which may serve to guide both the or 78[21] of the OEC, or Section 40[22] of the LGC, when the grounds therefor are rendered conclusive
bench and the bar in... the future, the Court takes this opportunity to discuss on the same. on account of final and executory judgments as when a candidate's disqualification to run for public office
A. Nature and validity of motu proprio... issuance of Resolution No. 9613. is based on a final conviction such... exercise falls within the COMELEC's administrative functions, as in
Petitioner claims that the COMELEC En Banc usurped the COMELEC Divisions' jurisdiction by this case.
cancelling motu proprio petitioner's CoC through Resolution No. 9613, contrary to Section 3, Article IX-C In this light, there is also no violation of procedural due process since the COMELEC En Banc would be
of the 1987 Philippine Constitution (Constitution) acting in a purely administrative manner.
The Court is not persuaded As petitioner's disqualification to run for public office had already been settled in a previous case and now
stands beyond dispute, it is incumbent upon the COMELEC En Banc to cancel his CoC as a matter of
course, else it be remiss in... fulfilling its duty to enforce and administer all laws and regulations relative All told, applying the established principles of statutory construction, and more significantly, considering
to the conduct of an election. the higher interests of preserving the sanctity of our elections, the Court holds that Section 40(a) of the
Equally compelling is the fact that the denial of petitioner's Petition for Inclusion as a registered voter in LGC has not removed the penalty of perpetual absolute... disqualification which petitioner continues to
Zamboanga City had already attained finality by virtue of the RTC's Order dated October 31, 2012. suffer.
In this accord, petitioner's non-compliance with the voter... registration requirement under Section 39(a) of Thereby, he remains disqualified to run for any elective office pursuant to Article 30 of the RPC.
the LGC[24] is already beyond question and likewise provides a sufficient ground for the cancellation of WHEREFORE, the petition is DISMISSED.
his CoC altogether. Principles:
B. Petitioner's right to run... for elective office. Section 3, Article IX-C of the 1987 Philippine Constitution (Constitution)
Well-established is the rule that every new statute should be construed in connection with those already The above-cited constitutional provision requiring a motion for reconsideration before the COMELEC En
existing in relation to the same subject matter and all should be made to harmonize and stand together, if Banc may take action is confined only to cases where the COMELEC exercises its quasi-judicial power. It
they can be done by any fair and reasonable... interpretation. finds no application, however, in matters concerning the
SEC. 40. Disqualifications. The following persons are disqualified from running for any elective local COMELEC's exercise of administrative functions.
position: The distinction between the two is well-defined.
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense [T]he term 'administrative' connotes, or pertains, to 'administration, especially management, as by
punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence managing or conducting, directing or superintending, the execution, application, or conduct of persons or
ART. 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of things. It does not entail an... opportunity to be heard, the production and weighing of evidence, and a
perpetual or temporary absolute disqualification for public office shall produce the following effects: decision or resolution thereon.
2. The deprivation of the right to vote in any election for any popular office or to be elected to While a 'quasi-judicial function' is a term which applies to the action, discretion, etc., of public
such office. administrative officers or bodies, who are required... to investigate facts, or ascertain the existence of
In particular, while Section 40(a) of the LGC allows a prior convict to run for local elective office after facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise
the... lapse of two (2) years from the time he serves his sentence, the said provision should not be deemed discretion of a judicial nature.
to cover cases wherein the law[26] imposes a penalty, either as principal or accessory,[27]... which has the Even without a petition under either Section 12 or Section 78 of the Omnibus Election Code, or under
effect of disqualifying the convict to run for elective office. Section 40 of the Local Government Code, the COMELEC is under a legal duty to cancel the certificate of
In this relation, Article 30 of the RPC, as earlier cited, provides that the penalty of perpetual absolute candidacy of anyone suffering from the accessory... penalty of perpetual special disqualification to run for
disqualification has the effect of depriving the convicted felon of the privilege to run for elective office. public office by virtue of a final judgment of conviction.
To note, this penalty, as well as other penalties of similar... import, is based on the presumptive rule that while the denial of due course to and/or cancellation of one's CoC generally necessitates the exercise of
one who is rendered infamous by conviction of a felony, or other base offense indicative of moral the COMELEC's quasi-judicial functions commenced through a petition based on either Sections 12[20]
turpitude, is unfit to hold public office,[30] as the same partakes of a privilege which the State... grants or 78[21] of the OEC, or Section 40[22] of the LGC, when the grounds therefor are rendered conclusive
only to such classes of persons which are most likely to exercise it for the common good.[31] on account of final and executory judgments as when a candidate's disqualification to run for public office
Accordingly, Section 40(a) of the LGC should be considered as a law of general application... and is based on a final conviction such... exercise falls within the COMELEC's administrative functions
therefore, must yield to the more definitive RPC provisions in line with the principle of lex specialis
derogat generali general legislation must give way to special legislation on the same subject, and generally
is so interpreted as to embrace only cases in which... the special provisions are not applicable.
Reyes vs Comelec
In other words, where two statutes are of equal theoretical application to a particular case, the one
specially designed therefor should prevail.[32] Facts:
In the present case, petitioner was sentenced to suffer the principal penalties of reclusion perpetua and Petitioner filed her Certificate of Candidacy (COC) for the position of Representative of the lone district
reclusion temporal which, pursuant to Article 41 of the RPC, carried with it the accessory penalty of of Marinduque. Respondent, a registered voter and resident of the Municipality of Torrijos, Marinduque,
perpetual absolute disqualification and in turn, pursuant... to Article 30 of the RPC, disqualified him to run filed before the COMELEC a petition for the cancellation of petitioner’s COC. On October 31, 2012, the
for elective office. respondent filed the amended petition on the ground that the petitioner’s COC contained material
As discussed, Section 40(a) of the LGC would not apply to cases wherein a penal provision such as misrepresentations regarding the petitioner’s marital status, residency, date of birth and citizenship.
Article 41 in this case directly and specifically prohibits the convict from running for elective office. Respondent alleged that the petitioner is an American citizen and filed in February 8, 2013 a manifestation
Hence, despite the lapse of two (2) years from petitioner's service of his commuted prison term, he with motion to admit newly discovered evidence and amended last exhibit.
remains bound to suffer the accessory penalty of perpetual absolute disqualification which consequently, On March 27, 2013, the COMELEC First Division issued a Resolution cancelling the petitioner’s COC on
disqualifies him to run as mayor for Zamboanga City the basis that petitioner is not a citizen of the Philippines because of her failure to comply with the
Notably, Article 41 of the RPC expressly states that one who is previously convicted of a crime requirements of Republic Act (RA) No. 9225.
punishable by reclusion perpetua or reclusion temporal continues to suffer the accessory penalty of The petitioner filed a Motion for Reconsideration on April 8, 2013. But on May 14, 2013 the COMELEC
perpetual absolute disqualification even though pardoned as to the... principal penalty, unless the said en banc promulgated a Resolution denying the petitioner’s Motion for Reconsideration for lack of merit.
accessory penalty shall have been expressly remitted in the pardon. On May 18, 2013, petitioner was proclaimed winner of the May 13, 2013 elections and on June 5, 2013
In this case, the same accessory penalty had not been expressly remitted in the Order of Commutation or took her oath of office before the Speaker of House of Representatives. She has yet to assume office at
by any subsequent pardon and as... such, petitioner's disqualification to run for elective office is deemed to noon of June 30, 2013.
subsist. On June 5, 2013, the COMELEC en banc issued a Certificate of Finality declaring the May 14, 2013
Likewise, adopting the Lacuna ruling, the Court, in the more recent cases of Aratea,[35] Jalosjos, Jr. and Resolution of the COMELEC en banc final and executory.
Cardino,[36] held: Petitioner then filed before the court Petition for Certiorari with Prayer for Temporary Restraining Order
Clearly, Lacuna instructs that the accessory penalty of perpetual special disqualification "deprives the and/or Status Quo Ante Order.
convict of the right to vote or to be elected to or hold public office perpetually." Issues:
Once the judgment of conviction becomes final, it is immediately executory. Any... public office that the 1. Whether or not the COMELEC has the jurisdiction over the petitioner who is a duly proclaimed winner
convict may be holding at the time of his conviction becomes vacant upon finality of the judgment, and and who has already taken her oath of office for the position of member of the House of Representative.
the convict becomes ineligible to run for any elective public office perpetually. 2. Whether or not the COMELEC erred in its ruling that the petitioner is illegible to run for office
Discussion:
1. Pursuant to Section 17, Article 6 of the 1987 Constitution, the House of Representative Electoral Tribunal The traditional grant of judicial power is found in Section 1, Article VIII of the Constitution which
has the exclusive jurisdiction to be the sole judge of all contests relating to the election returns and provides that the power “shall be vested in one Supreme Court and in such lower courts as may be
qualification of the members of House of Representative. established by law.” Consistent with our presidential system of government, the function of “dealing with
2. In R.A 9925, for a respondent to reacquire Filipino citizenship and become eligible for public office, the the settlement of disputes, controversies or conflicts involving rights, duties or prerogatives that are
law requires that she must have accomplished the following 1) take the oath of allegiance to the Republic legally demandable and enforceable” is apportioned to courts of justice. With the advent of the 1987
of the Philippines before the consul-general of the Philippine Consulate in the USA, and 2) make a Constitution, judicial power was expanded to include “the duty of the courts of justice to settle actual
personal and sworn renunciation of her American citizenship before any public officer authorized to controversies involving rights which are legally demandable and enforceable, and to determine whether
administer an oath. In the case at bar, there is no showing that petitioner complied with the requirements. or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
Petitioner’s oath of office as Provincial Administrator cannot be considered as the oath of allegiance in any branch or instrumentality of the Government.” The power was expanded, but it remained absolute.
compliance with RA 9225. As to the issue of residency, the court approved the ruling if the COMELEC The set up embodied in the Constitution and statutes characterize the resolution of electoral contests as
that a Filipino citizen who becomes naturalized elsewhere effectively abandons his domicile of origin. essentially an exercise of judicial power.
Upon reacquisition of Filipino citizenship, he must still show that he chose to establish his domicile in the At the barangay and municipal levels, original and exclusive jurisdiction over election contests is vested
Philippines through positive acts, and the period of his residency shall be counted from the time he made it in the municipal or metropolitan trial courts and the regional trial courts, respectively.
his domicile of choice. In this case, there is no showing that the petitioner reacquired her Filipino At the higher levels — city, provincial, and regional, as well as congressional and senatorial — exclusive
citizenship pursuant to RA 9225 so as to conclude that the petitioner renounced her American citizenship, and original jurisdiction is lodged in the COMELEC and in the House of Representatives and Senate
it follows that she has not abandoned her domicile of choice in the USA. Petitioner claim that she served Electoral Tribunals, which are not, strictly and literally speaking, courts of law. Although not courts of
as Provincial Administrator of the province of Marinduque from January 18, 2011 to July 13, 2011 is not law, they are, nonetheless, empowered to resolve election contests which involve, in essence, an exercise
sufficient to prove her one-year residency for she has never recognized her domicile in Marinduque as she of judicial power, because of the explicit constitutional empowerment found in Section 2(2), Article IX-C
remains to be an American citizen. No amount of her stay in the said locality can substitute the fact that (for the COMELEC) and Section 17, Article VI (for the Senate and House Electoral Tribunals) of the
she has not abandoned her domicile of choice in the USA. Constitution. Besides, when the COMELEC, the HRET, and the SET decide election contests, their
Held: decisions are still subject to judicial review — via a petition for certiorari filed by the proper party — if
The instant petition was DISMISSED, finding no grave abuse of discretion on the part of the COMELEC. there is a showing that the decision was rendered with grave abuse of discretion tantamount to lack or
excess of jurisdiction.
It is also beyond cavil that when the Supreme Court, as PET, resolves a presidential or vice-presidential
election disputes, it performs what is essentially a judicial power.
Macalintal vs Comelec
The present Constitution has allocated to the Supreme Court, in conjunction with latter’s exercise of
Facts: judicial power inherent in all courts, the task of deciding presidential and vice-presidential election
Atty. Macalintal filed a petition that question the constitutionality of the Presidential Electoral contests, with full authority in the exercise thereof. The power wielded by PET is a derivative of the
Tribunal (PET) as an illegal and unauthorized progency of Sec. 4, Article VII of the Constitution. plenary judicial power allocated to courts of law, expressly provided in the Constitution.
The PET is not simply an agency to which Members of the Court were designated. As intended by the
The petitioner highlighted the Supreme Court’s decision in the case of Buac vs. COMELEC which framers of the Constitution, the PET is to be an independent institution, but not separate, from the judicial
declared that contests involving the President and the Vice-President fell within the exclusive original department, i.e., the Supreme Court.
jurisdiction of the PET, in the exercise of quasi-judicial power. On this point, petitioner reiterated that the Held:
constitution of PET, with the designation of the Members of the Court as Chairman and Members thereof, The petition was dismissed.
contravenes Section 12, Article VIII of the Constitution, which prohibits the designation of Members of
the Supreme Court and of other Courts established by law to any agency performing quasi-judicial or
administrative functions. Read Faelnar vs People

The Office of the Solicitor General (OSG) commented that the petition was unspecified and without
statutory basis and that the liberal approach in its preparation is a violation of the well-known rules of Arroyo vs DOJ
practice and pleading in this jurisdiction.
Facts:
Issue: Comelec and the DOJ issued Joint Order... creating and constituting a Joint Committee and Fact-Finding
1. Whether or not Section 4, Article VII of the Constitution does not provide for the creation of the
Team
Presidential Electoral Tribunal. (referred to as Joint Panel)... on the 2004 and 2007 National Elections electoral fraud and manipulation
2. Whether or not the PET violates Section 12, Article VIII of the Constitution.
cases.
Discussion: Joint Committee was... mandated to conduct the necessary preliminary investigation on the basis of the
A plain reading of Article VII, Section 4, paragraph 7, readily reveals a grant of authority to the
evidence gathered and the charges recommended by the Fact-Finding Team.
Supreme Court sitting en banc. In the same vein, although the method by which the Supreme Court
Fact-Finding Team,... as created for the purpose of gathering real, documentary, and testimonial
exercises this authority is not specified in the provision, the grant of power does not contain any limitation
evidence... which can be utilized in the preliminary investigation to be conducted by the Joint Committee.
on the Supreme Court’s exercise thereof. The Supreme Court’s method of deciding presidential and vice-
In its Initial Report... he Fact-Finding Team concluded that manipulation of the results in
presidential election contests, through the PET, is actually a derivative of the exercise of the prerogative
2007
conferred by the constitutional provision.
2007 senatorial elections... was indeed perpetrated.
The conferment of full authority to the Supreme Court, as a PET, is equivalent to the full authority
The Fact-Finding Team recommended... that GMA... c... and Abalos be... subjected to another preliminary
conferred upon the electoral tribunals of the Senate and the House of Representatives, i.e., the Senate
investigation for manipulating the election results in Maguindanao
Electoral Tribunal (SET) and the House of Representatives Electoral Tribunal (HRET).
;... and, that Mike Arroyo be subjected to further investigation... the Joint Committee promulgated a Joint
Petitioner still claims that the PET exercises quasi-judicial power and, thus, its members violate the
Resolution which was later indorsed to the Comelec... the Comelec en banc issued a Resolution
proscription in Section 12, Article VIII of the Constitution, which reads:
The Comelec resolved, among others, that an information for electoral sabotage be filed against GMA and
SEC. 12. The Members of the Supreme Court and of other courts established by law shall not be
Abalos, while the charges against Mike Arroyo be dismissed for insufficiency of evidence.
designated to any agency performing quasi-judicial or administrative functions.
GMA filed with the RTC an... a Motion to Vacate Ad Cautelam... praying that its Resolution be vacated Garvida vs COmelec
for being null and void. FACTS:
The RTC, nonetheless, issued a Warrant for her arrest... which was duly served. GMA was later arraigned Petitioner Garvida applied for registration as member and voter of the Katipunan ng Kabataan of a certain
and she entered a plea of "not guilty." She was, for some time, on hospital arrest but was able to obtain barangay. However the Board of election tellers denied her application on the ground that she is already
temporary liberty when her motion for bail was granted. At present, she is again on hospital arrest by 21 years and 10 months old. She already exceeded the age limit for membership as laid down in Sec 3(b)
virtue of a warrant... issued in another criminal case. of COMELEC resolution no. 2824.
On The municipal circuit trial court found her to be qualified and ordered her registration as member and
2012 voter in the Katipunan ng Kabataan. The Board of Election Tellers appealed to the RTC, but the presiding
Court rendered the assailed Decision... the conduct of the preliminary investigation is hereby declared judge inhibited himself from acting on the appeal due to his close association with petitioner.
VALID. However, private respondent Sales a rival candidate, filed with the COMELEC en banc a “Petition of
Let the proceedings in the Regional Trial Court of Pasay City Denial and/or Cancellation of Certificate of Candidacy” against Garvida for falsely representing her age
Hence, these motions for reconsideration. qualification in her certificate of candidacy. He claimed that Garvida is disqualified to become a voter and
Issues: a candidate for the SK for the reason that she will be more than twenty-one (21) years of age on May 6,
whether the Comelec has the exclusive power to investigate and prosecute cases of violations of election 1996; that she was born on June 11, 1974 as can be gleaned from her birth certificate.
laws. ISSUE:
the creation of a Joint Committee is not repugnant to the concept of "concurrent jurisdiction" Whether or not Garvida can assume office as the elected SK official
Ruling: RULING:
the creation of a Joint Committee is not repugnant to the concept of "concurrent jurisdiction"
The doctrine of concurrent jurisdiction means equal jurisdiction to deal with the same subject matter. In the case at bar, petitioner was born on June 11, 1974. On March 16, 1996, the day she registered as
Contrary to the contention of the petitioners, there is no prohibition on simultaneous exercise of power voter for the May 6, 1996 SK elections, petitioner was twenty-one (21) years and nine (9) months old. On
between two coordinate bodies. What is... prohibited is the situation where one files a complaint against a the day of the elections, she was 21 years, 11 months and 5 days old. When she assumed office on June 1,
respondent initially with one office (such as the Comelec) for preliminary investigation which was 1996, she was 21 years, 11 months and 20 days old and was merely ten (10) days away from turning 22
immediately acted upon by said office and the re-filing of substantially the same complaint with another years old. Petitioner may have qualified as a member of the Katipunan ng Kabataan but definitely,
office petitioner was over the age limit for elective SK officials set by Section 428 of the Local Government
(such as the DOJ). The subsequent assumption of jurisdiction by the second office over the cases filed will Code and Sections 3 [b] and 6 of Comelec Resolution No. 2824.
not be allowed. Indeed, it is a settled rule that the body or agency that first takes cognizance of the Thus, she is ineligible to run as candidate for the May 6, 1996 Sangguniang Kabataan elections.
complaint shall exercise jurisdiction to the exclusion of the... others.
None of these problems would likely arise in the present case. The Comelec and the DOJ themselves
Maquiling vs COMELEC
agreed that they would exercise their concurrent jurisdiction jointly.
Although the preliminary investigation was conducted on the basis of two complaints the initial report of Facts:
the Arnado applied for repatriation under Republic Act (R.A.) No. 9225 before the Consulate General of the
Fact-Finding Team and the complaint of Senator Pimentel both complaints were filed with the Joint Philippines in San Franciso, USA and took the Oath of Allegiance to the Republic of the Philippines on 10
Committee. Consequently, the complaints were filed with and the preliminary investigation was July 2008.[4
conducted by only one investigative body. Thus, we find no reason to disallow the... exercise of On 3 April 2009 Arnado again took his Oath of Allegiance to the Republic and executed an Affidavit of
concurrent jurisdiction jointly by those given such authority. This is especially true in this case given the Renunciation of his foreign citizenship
magnitude of the crimes allegedly committed by petitioners. The joint preliminary investigation also To further bolster his claim of Arnado's US citizenship, Balua presented in his Memorandum a computer-
serves to maximize the resources and manpower of both... the Comelec and the DOJ for the prompt generated travel record[11] dated 03 December 2009 indicating that Arnado has been using his US
disposition of the cases. Passport No. 057782700 in entering and departing the
Notwithstanding the grant of concurrent jurisdiction, the Comelec and the DOJ nevertheless included a Philippines. The said record shows that Arnado left the country on 14 April 2009 and returned on 25 June
provision in the assailed Joint Order whereby the resolutions of the Joint Committee finding probable 2009, and again departed on 29 July 2009, arriving back in the Philippines on 24 November 2009.
cause for election offenses shall still be approved by the Comelec in... accordance with the Comelec Rules Balua likewise presented a certification from the Bureau of Immigration dated 23 April 2010, certifying
of Procedure.[ that the name "Arnado, Rommel Cagoco" appears in the available Computer Database/Passenger
With more reason, therefore, that we cannot consider the creation of the Joint Committee as an abdication manifest/IBM listing on file as of 21 April 2010, with the following pertinent... travel records:
of the Comelec's independence enshrined in the 1987 Constitution. Neither motion was acted upon, having been overtaken by the 2010 elections where Arnado garnered the
respondent is given the right to examine... evidence, but such right of examination is limited only to the highest number of votes and was subsequently proclaimed as the winning candidate for Mayor of
documents or evidence submitted by complainants which she may not have been furnished and to copy Kauswagan, Lanao del Norte.
them at her expense. In the matter of the issue of citizenship, however, the First Division disagreed with Arnado's claim that he
As to the alleged denial of GMA's right to examine documents, we maintain that no right was violated is a Filipino citizen.[18]
Neither was GMA's right violated when her motion for extension of time within which to submit her We find that although Arnado appears to have substantially complied with the requirements of R.A. No.
counter-affidavit and countervailing evidence was consequently denied. The Rules use the term "shall" in 9225, Arnado's act of consistently using his US passport after renouncing his US citizenship on 03 April
requiring the respondent to submit counter-affidavit and other... countervailing evidence within ten (10) 2009 effectively negated his Affidavit of
days from receipt of the subpoena. It is settled that the use of the word "shall" which is a word of Renunciation.
command, underscores the mandatory character of the rule Arnado's continued use of his US passport is a strong indication that Arnado had no real intention to
renounce his US citizenship and that he only executed an Affidavit of Renunciation to enable him to run
for office.
Issues:
On 30 November 2009, Arnado filed his Certificate of Candidacy for Mayor of Kauswagan, Lanao del
Norte, which contains, among others,
Ruling:
Principles: merits finding that respondent did not serve the full 2007-2010 term as Governor of Camarines Norte,
However, this legal presumption does not operate permanently and is open to attack when, after thus, cannot be considered as one term for purposes of counting the three-term threshold.
renouncing the foreign citizenship, the citizen performs positive acts showing his continued possession of
a foreign citizenship.[3
Arnado himself subjected the issue of his citizenship to attack when, after renouncing his foreign ISSUE:
citizenship, he continued to use his US passport to travel in and out of the country before filing his
certificate of candidacy on 30 November 2009. Whether or not respondent Edgardo A. Tallado violated the three term limit rule under Section 43 of RA
The renunciation of foreign citizenship is not a hollow oath that can simply be professed at any time, only No 7160, otherwise known as the Local Government Code of 1991.
to be violated the next day. It requires an absolute and perpetual renunciation of the foreign citizenship
and a full divestment of all civil and political rights granted... by the foreign country which granted the
citizenship. RULING:
While the act of using a foreign passport is not one of the acts enumerated in Commonwealth Act No. 63
constituting renunciation and loss of Philippine citizenship,[35] it is nevertheless an act which repudiates No, the respondent Edgardo A. Tallado did not violate the three term limit rule under Section 43 of RA No
the very oath of renunciation required... for a former Filipino citizen who is also a citizen of another 7160, otherwise known as the Local Government Code of 1991 .The Court noted the grounds for
country to be qualified to run for a local elective position. disqualification of a candidate are found under Sections 12 and 68 of Batas Pambansa Blg. 881, as
amended, otherwise known as the Omnibus Election Code of the Philippines, as well as Section 40 of the
Read Chua vs Comelec Local Government Code, which respectively provide: SEC. 12. Disqualifications. Any person who has
been declared by competent authority insane or incompetent, or has been sentenced by final judgment for
subversion, insurrection, rebellion, or for any offense for which he has been sentenced to a penalty of
Albania vs COMELEC more than eighteen months or for a crime involving moral turpitude, shall be disqualified to be a candidate
FACTS: and to hold any office, unless he has been given plenary pardon or granted amnesty. x x x x SEC. 68.
Disqualifications. Any candidate who, in an action or protest in which he is a party is declared by final
In the May 14, 2007 National and Local Elections, respondent Edgardo A. Tallado and Jesus O. Typoco decision of a competent court guilty of, or found by the Commission of having (a) given money or other
were both candidates for the position of Governor in Camarines Norte. After the counting and canvassing material consideration to influence, induce or corrupt the voters or public officials performing electoral
of votes, Typoco was proclaimed as the winner. Respondent questioned Typoco's proclamation by filing functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an
with the COMELEC, a petition for correction of a manifest error. The Petition was decided in respondent's amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited
favor on March 5, 2010 and the latter assumed the position of Governor of Camarines Norte from March under Sections 89, 95, 96, 97 and 104;
22, 2010 to June 30, 2010, the end of the 2007-2010 term.
x x x x SECTION 40. Disqualifications - The following persons are disqualified from running for any
Respondent ran again in the 2010 and 2013 National and Local Elections where he won and served as elective local position:
Governor of Camarines Norte, respectively. On October 16, 2015, respondent filed his Certificate of
Candidacy as Governor of Camarines Norte in the May 9, 2016 National and Local elections. On (a) Those sentence by final judgment for an offense involving moral turpitude or for an offense punishable
November 13, 2015, petitioner, a registered voter of Poblacion Sta. Elena, Camarines Norte, filed a by one (1) year or more of imprisonment, within two (2) years after serving sentence;
petition for respondent's disqualification from running as Governor based on Rule 25 of COMELEC
Resolution No. 9523 on two grounds: (1) he violated the three term limit rule under Section 43 of RA No (b) Those removed from office as a result of an administrative case;
7160, otherwise known as the Local Government Code of 1991 (LGC); and (2) respondent's suspension
froni office for one year without pay, together with its accessory penalties, after he was found guilty of (c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
oppression and grave abuse of authority in the Ombudsman's Order9 dated October 2, 2015.
(d) Those with dual citizenship;
Respondent argued that since the petition was primarily based on his alleged violation of the three-term
limit rule, the same should have been filed as a petition to deny due course to or cancel certificate of (e) Fugitive from justice in criminal or nonpolitical cases here or abroad;
candidacy under Rule 23 of COMELEC Resolution 9523, in relation to Section 78 of the Omnibus
Election Code, as the ground cited affected a candidate's eligibility; that based on Section 23, the petition (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and
should had been filed on November 10, 2015, but the petition was filed only on November 13, 2015, continue to avail of the same right after the effectivity of this Code; and
hence, the same had already prescribed and must be dismissed. His suspension from office is also not a
ground for a petition for disqualification. On the substantive issues, he denied violating the three-term (g) The insane or feeble-minded.
limit rule as he did not fully serve three consecutive terms since he only served as Governor for the 2007
elections from March 22, 2010 to June 30, 2010. A reading of the grounds enumerated under the above-quoted provisions for a candidate's disqualification
does not include the two grounds relied upon by petitioner. Hence, the petition is DENIED. The
On April 22, 2016, the COMELEC Second Division dismissed the petition for being filed out of time. It Resolution dated August 24, 2016 of the Commission on Elections En Banc is AFFIRMED.
ruled that a violation of the three-term limit rule and suspension from office as a result of an
administrative case are not grounds for disqualification of a candidate under the law. Latasa vs Comelec
Petitioner filed a motion for reconsideration with the COMELEC En Banc, which dismissed the same in a Facts:
Resolution dated August 24, 2016. The COMELEC En Banc echoed the Division's findings that the
grounds relied upon by petitioner are not proper for a petition for disqualification but one for denial of due Petitioner Latasa, was elected mayor of the Municipality of Digos, Davao del Sur in the elections of 1992,
1995, and 1998. In February 2001, he filed his certificate of candidacy for city mayor for the 2001
course to or cancellation of respondent's COC, which was filed out of time. It then continued to rule on the
elections. He stated therein that he is eligible therefor, and likewise disclosed that he had already served
for three consecutive terms as mayor of the Municipality of Digos and is now running for the first time for eighteen consecutive years. This is the very scenario sought to be avoided by the Constitution, if not
the position of city mayor. abhorred by it.(Latasa vs. Comelec, G.R. No. 154829, 10 December 2003)

Sunga, also a candidate for city mayor in the said elections, filed before the COMELEC a petition to deny Note:
petitioner's candidacy since the latter had already been elected and served for three consecutive terms.
Petitioner countered that this fact does not bar him from filing a certificate of candidacy for the 2001 ● It cannot be denied that the Court has previously held in Mamba-Perez v. COMELEC that after an
elections since this will be the first time that he will be running for the post of city mayor. elective official has been proclaimed as winner of the elections, the COMELEC has no jurisdiction to pass
upon his qualifications. An opposing party's remedies after proclamation would be to file a petition for
The Comelec’s First Division denied petitioner's certificate of candidacy. However, his motion for quo warranto within ten days after the proclamation. Time and again, this Court has held that rules of
reconsideration was not acted upon by the Comelec en banc before election day and he was proclaimed procedure are only tools designed to facilitate the attainment of justice, such that when rigid application of
winner. Only after the proclamation did the Comelec en banc issue a resolution that declared him the rules tend to frustrate rather than promote substantial justice, this Court is empowered to suspend their
disqualified from running for mayor of Digos City, and ordered that all votes cast in his favor should not operation. We will not hesitate to set aside technicalities in favor of what is fair and just.
be counted.

Petitioner appealed, contending that when Digos was converted from a municipality to a city, it attained a
Poe-LLamanzares vs COMELEC
different juridical personality separate from the municipality of Digos. So when he filed his certificate of
candidacy for city mayor, it should not be construed as vying for the same local government post. FACTS:
In her COC for Presidency on the May 2016 elections, Grace Poe declared that she is a natural-born
Issue: citizen of the Philippines and that her residence up to day before May 9, 2016 would be 10 years and 11
months counted from May 24, 2005.
Is petitioner Latasa eligible to run as candidate for the position of mayor of the newly-created City of Grace Poe was born in 1968., found as newborn infant in Jaro,Iloilo and was legally adopted by
Digos immediately after he served for three consecutive terms as mayor of the Municipality of Digos? RONALD ALLAN KELLY POE (FPJ) and JESUS SONORA POE (SUSAN ROCES) in 1974. She
immigrated to the US in 1991 after her marriage to Theodore Llamanzares who was then based at the US.
Held: Grace Poe then became a naturalized American citizen in 2001.
On December 2004, he returned to the Philippines due to his father’s deteriorating medical condition, who
As a rule, in a representative democracy, the people should be allowed freely to choose those who will then eventually demice on February 3,2005. She then quitted her job in the US to be with her grieving
govern them. Article X, Section 8 of the Constitution is an exception to this rule, in that it limits the range mother and finally went home for good to the Philippines on MAY 24, 2005.
of choice of the people. On JULY 18, 2006, the BI granted her petition declaring that she had reacquired her Filipino citizenship
under RA 9225. She registered as a voter and obtained a new Philippine Passport.
In 2010, before assuming her post as appointes Chairperson of the MTRCB , she renounced her American
Section 8. The term of office of elective local officials, except barangay officials, which shall be citizenship to satisfy the RA 9225 requirements as to Reacquistion of Filipino Citizenship. From then on,
she stopped using her American passport.
determined by law, shall be three years and no such official shall serve for more than three consecutive Petitions were filed before the COMELEC to deny or cancel her candidacy on the ground particularly
among others, that she cannot be considered a natural born Filipino citizen since she was a FOUNDLING
and that her bioligical parents cannot be proved as Filipinos. The Comelec en banccancelled her
terms. Voluntary renunciation of the office for any length of time shall not be considered as an candidacy on the ground that she is in want of citizenship and residence requirements and that she
committed misrepresentation in her COC.
interruption in the continuity of his service for the full term for which he was elected. On CERTIORARI, the SUPREME COURT, reversed the ruling and held a vote of 9-6 that POE is
An elective local official, therefore, is not barred from running again in for same local government post, qualified as candidate for Presidency.
unless two conditions concur: 1.) that the official concerned has been elected for three consecutive terms ISSUES:
to the same local government post, and 2.) that he has fully served three consecutive terms. (1) Whether or not Grace Poe- Llamanzares is a natural- born Filipino citizen
(2) Whether or not Poe satisfies the 10-year residency requirement.
True, the new city acquired a new corporate existence separate and distinct from that of the municipality. HELD:
This does not mean, however, that for the purpose of applying the subject Constitutional provision, the YES. GRACE POE is considerably a natural-born Filipino Citizen. For that, she satisfied the
office of the municipal mayor would now be construed as a different local government post as that of the constitutional reqt that only natural-born Filipinos may run for Presidency.
office of the city mayor. As stated earlier, the territorial jurisdiction of the City of Digos is the same as (1) there is high probability that Poe’s parents are Filipinos, as being shown in her physical features which
that of the municipality. Consequently, the inhabitants of the municipality are the same as those in the are typical of Filipinos, aside from the fact that she was found as an infant in Jaro, Iloilo, a municipality
city. These inhabitants are the same group of voters who elected petitioner Latasa to be their municipal wherein there is 99% probability that residents there are Filipinos, consequently providing 99% chance
mayor for three consecutive terms. These are also the same inhabitants over whom he held power and that Poe’s bilogical parents are Filipinos. Said probability and circumstancial evidence are admissible
authority as their chief executive for nine years. under Rule 128, Sec 4 of the Rules on Evidence.
(2) The SC pronounced that FOUNDLINGS are as a class, natural born- citizens as based on the
The framers of the Constitution specifically included an exception to the peoples freedom to choose those deliberations of the 1935 Constitutional Convention, wherein though its enumeration is silent as to
who will govern them in order to avoid the evil of a single person accumulating excessive power over a foundlings, there is no restrictive language either to definitely exclude the foundlings to be natural born
particular territorial jurisdiction as a result of a prolonged stay in the same office. To allow petitioner citizens.
Latasa to vie for the position of city mayor after having served for three consecutive terms as a municipal (3) That Foundlings are automatically conferred with the natural-born citizenship as to the country where
mayor would obviously defeat the very intent of the framers when they wrote this exception. Should he be they are being found, as covered and supported by the UN Convention Law.
allowed another three consecutive terms as mayor of the City of Digos, petitioner would then be possibly As to the residency issue, Grace Poe satisfied the 10-year residency because she satisfied the
holding office as chief executive over the same territorial jurisdiction and inhabitants for a total of requirements of ANIMUS MANENDI (intent to remain permanently) coupled with ANIMUS NON
REVERTENDI (intent of not returning to US) in acquiring a new domicile in the Philippines. Starting
May 24,2005, upon returning to the Philippines, Grace Poe presented overwhelming evidence of her
actual stay and intent to abandon permanently her domicile in the US, coupled with her eventual
application to reacquire Filipino Citizenship under RA 9225. Hence, her candidacy for Presidency was
granted by the SC.