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G.R. No. 141787, September 18, 2000: Afiado vs. Comelec

1) Petitioners filed a petition for mandamus, seeking the early resolution of their petition to recall then Vice-Mayor Amelita Navarro of Santiago City. 2) While the recall petition was pending, Navarro succeeded to the position of mayor after the election of the previous mayor was annulled. 3) The Court ruled that Navarro's succession to the mayoralty was a supervening event that rendered the recall proceedings moot, as the intent was to recall her as vice-mayor, not mayor. Furthermore, the local government code prohibits recall within a year of assumption of office or of regular elections.

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102 views

G.R. No. 141787, September 18, 2000: Afiado vs. Comelec

1) Petitioners filed a petition for mandamus, seeking the early resolution of their petition to recall then Vice-Mayor Amelita Navarro of Santiago City. 2) While the recall petition was pending, Navarro succeeded to the position of mayor after the election of the previous mayor was annulled. 3) The Court ruled that Navarro's succession to the mayoralty was a supervening event that rendered the recall proceedings moot, as the intent was to recall her as vice-mayor, not mayor. Furthermore, the local government code prohibits recall within a year of assumption of office or of regular elections.

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Tiners
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AFIADO vs.

COMELEC
G.R. No. 141787,September 18, 2000

Case: Petition for Mandamus with Preliminary Mandatory Injunction, praying for the early resolution of the
petition for the recall of former Vice-Mayor Amelita S. Navarro (currently the mayor) of Santiago City, which was
filed by the COMELEC.

Facts: During the 1998 elections in Santiago City, Joel Miranda became the substitute candidate for his father for
the position of mayor and was proclaimed the winner. On the other hand, Amelita Navarro also won and
proclaimed the vice-mayor of Santiago City.

Meanwhile, Antonio Abaya, the defeated candidate, filed before the COMELEC against Miranda a Petition to
Declare Null and Void Substitution with Prayer for Issuance of WPI and/or TPO. The petition, as amended, was
granted by the COMELEC en bac and consequently annulled the election and proclamation of Miranda as mayor of
Santiago City. This was affirmed by the Supreme Court in a decision dated July 28, 1999 (G.R. No. 136531). Thus,
Vice-Mayor Navarro became the new Mayor of the said city by virtue of the law on succession.

While the said petition was pending (G.R. No. 136531), petitioners Manuel Afiado, Jasminio Quemado and Glesie
Tangonan ,who composed the Preparatory Recall Assembly (PRA), passed a resolution for the recall of Vice-Mayor
Navarro brought forth for the loss of confidence in her capacity and fitness to discharge the duties and to perform
function of her public office.

While the subject Preparatory Recall Resolution(PRR) No. 1 was under evaluation in the COMELEC's Head Office,
then Vice-Mayor Navarro filed a petition with the COMELEC which sought to nullify the said PRR Resolution No. 1.
In Navarro's petition, the petitioners were impleaded as the respondents therein.

Hearings were conducted at the COMELEC’s head office. After the deadline for the submission of the memoranda,
petitioners alleged that they were not informed nor aware of further developments in the case. Thus, they filed an
Urgent Motion for the Early Resolution of the Petition alleging the following:

1. The COMELEC in not deciding the said petition violated Rule 18, Section 7 of the 1993 COMELEC Rules
of Procedure;
2. The act of the COMELEC in not resolving the petition within the reglementary period constitutes
neglect in the performance of its duties and responsibilities; and
3. The alleged inaction of COMELEC will render the said case and/or PRR No. 1 moot and academic
inasmuch as recall elections cannot be undertaken anymore come June 30, 2000 pursuant to Section
74 of the 1991 Local Government Code which provides:
Sec. 74. Limitation on Recall.

(a) any elective local official may be the subject of a recall election only once during his term of
office for loss of
confidence.

(b) No recall shall take place within one (1) year from the date of the official's assumption to
office or one (1) year
immediately preceding a regular local election.
Issue: Whether or not an elective official who became City Mayor by legal succession can be the subject of a recall
election by virtue of a Preparatory Recall Assembly Resolution which was passed or adopted when the said elective
official was still the Vice-Mayor. NO.

Ruling: Navarro’s succession to mayoralty was a supervening event.

The assumption by legal succession of the petitioner as the new Mayor of Santiago City is a supervening event
which rendered the recall proceeding against her moot and academic. A perusal of the said Resolution reveals that
the person subject of the recall process is a specific elective official in relation to her specific office. The said
resolution is replete with statements, which leave no doubt that the purpose of the assembly was to recall
petitioner as Vice Mayor for her official acts as Vice Mayor. The title itself suggests that the recall is intended for
the incumbent Vice Mayor of Santiago City.

Clearly, the intent of the PRA as expressed in the said Resolution is to remove the petitioner as Vice Mayor for they
already lost their confidence in her by reason of her official acts as such. To recall, then, Vice-Mayor Navarro when
she is already the incumbent City Mayor is to deviate from the expressed will of the PRA. Having, thus, succeeded
to the position of City Mayor, the petitioner was placed beyond the reach of the effects of the PRA Resolution.

Prohibition period bars another attempt at recall against Navarro.

Even if the PRA were to reconvene to adopt another resolution for the recall of Amelita Navarro, this time as
Mayor of Santiago City, the same would still not prosper in view of Section 74 (b) of the Local Government Code
of 1991 which provides that "No recall shall take place within one (1) year from the date of the official's
assumption of office or one (1) year immediately preceding a regular election." There is no more allowable time
in the light of that law within which to hold recall elections for that purpose.

In the present case, Vice-Mayor Navarro assumed office as Mayor of Santiago City on October 11, 1999. One year
after her assumption of office as Mayor will be October 11, 2000, which is already within the one (1) year
prohibited period immediately preceding the next regular election in May 2001.

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