Scribd
Upload
9 views

RULLODA V COMELEC

The case involves the barangay elections where Romeo N. Rulloda passed away before the election, prompting his widow Petronila 'Betty' to seek candidacy for Barangay Chairman. Despite receiving more votes than her opponent, the Board of Canvassers proclaimed the opponent as the winner based on a resolution that prohibited substitution of candidates. The court granted the petition, declaring the resolution null and void, and ordered the Board to proclaim Betty as the duly elected Barangay Chairman.

Uploaded by

baguiostudent2600
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
9 views

RULLODA V COMELEC

The case involves the barangay elections where Romeo N. Rulloda passed away before the election, prompting his widow Petronila 'Betty' to seek candidacy for Barangay Chairman. Despite receiving more votes than her opponent, the Board of Canvassers proclaimed the opponent as the winner based on a resolution that prohibited substitution of candidates. The court granted the petition, declaring the resolution null and void, and ordered the Board to proclaim Betty as the duly elected Barangay Chairman.

Uploaded by

baguiostudent2600
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

RULLODA V COMELEC

In the barangay elections of July 15, 2002, Romeo N. Rulloda and Remegio L. Placido were the
contending candidates for Barangay Chairman of Sto. Tomas, San Jacinto, Pangasinan. On June
22, 2002, Romeo suffered a heart attack and passed away.

His widow, petitioner Petronila "Betty" wrote a letter to the Commission on Elections seeking
permission to run as candidate for Barangay Chairman. Petitioners request was supported by
the Appeal-Petition containing several signatures of people purporting to be members of the
electorate of Barangay Sto. Tomas.

On July 14, 2002, Election Officer Ludivico L. Asuncion issued a directive to the Chairman and
Members of the Barangay Board of Canvassers: read the same as it is written but add the words
"NOT COUNTED" like "BETTY NOT COUNTED" or "RULLODA NOT COUNTED". Petitioner gamered
516 votes while respondent Remegio Placido received 290 votes. Despite this, the Board of
Canvassers proclaimed Placido as the Barangay Chairman.

Petitioner learned that the Commission issued Resolution No. 4801. Section 9 of the same
"There shall be no substitution of candidates for barangay and sangguniang kabataan officials".
Petitioner filed the instant petition for certiorari, seeking to annul Section 9 of Resolution No.
4801 and Resolution No. 5217.

ISSUE:

Whether or not substitution is allowed in barangay SK elections.

RULING

The instant petition is GRANTED.

The assailed Resolution No. 5217 of the Commission on Elections, insofar as it denied due
course to petitioners certificate of candidacy, is declared NULL and VOID. The proclamation of
respondent Remegio L. Placido as Barangay Chairman is SET ASIDE, and the Board of Canvassers
is ORDERED to proclaim petitioner as the duly elected Barangay Chairman.
RD: Election means the choice or selection of candidates to public office by popular vote:
embodiment of the popular will, the expression of the sovereign power of the people.

Respondents base their argument on Section 77 of the Omnibus Elections Code on Candidates
in case of death, disqualification or withdrawal of another. Private respondent argues that
inasmuch as the barangay election is non-partisan, there can be no substitution because there is
no political party from which to designate the substitute.

However, it is well-settled that in case of doubt, political laws must be so construed as to give
life and spirit to the popular mandate freely expressed through the ballot. Contrary to
respondents claim, the absence of a specific provision governing substitution of candidates in
barangay elections cannot be inferred as a prohibition against said substitution

You might also like