[ G.R. No.
157526, April 28, 2004 ]
EMILIANA TORAL KARE, PETITIONER, VS. COMMISSION ON ELECTIONS,
RESPONDENT.
Doctrine: When a mayoral candidate who gathered the highest number of votes
is disqualified after the election is held, a permanent vacancy is created, and the
vice mayor succeeds to the position.
Facts:
Petitioner Moll and Private Respondent Ceriola were mayoral candidates of the
Municipality of Malinao, Albay, during the May 14, 2001 elections. Moll obtained
the highest number of votes cast for the position while Ceriola came in second,
Kare was elected vice mayor in the same election.
On May 18, 2001, Ceriola filed a “Petition for the Disqualification or Ineligibility of
Dindo K. Moll to Run for Any Elective Position” alleging that the latter had been
sentenced by final judgment to suffer the penalty of six (6) months of arresto
mayor to one (1) year and nine (9) months of prision correccional, for the crime of
usurpation of authority under Article 177 of the Revised Penal Code.
The Comelec First Division dismissed the Petition. Ceriola filed his Motion for
Reconsideration with the Comelec en banc which set aside the said Resolution. It
thereafter remanded the Petition to the provincial election supervisor of Albay.
evidence. After the provincial election supervisor of Albay submitted its report
and recommendation, the Comelec en banc affirmed Moll’s disqualification and
proclaimed Ceriola as the mayor-elect of the municipality.
Earlier, the Comelec ruled that Moll had indeed been disqualified from being a
mayoral candidate in the May 14, 2001 local election, and that his subsequent
proclamation as mayor was void. Thus, he was disqualified from holding that
office.
The Comelec further ruled that the trial court’s final judgment of conviction of
Moll disqualified him from filing his certificate of candidacy and continued to
disqualify him from holding office. Hence, the votes cast in his favor were invalid
votes, and Ceriola -- the candidate who had obtained the second highest number
of votes -- was adjudged the winner. Thus, the Comelec ordered the Municipal
Board of Canvassers to proclaim him as the mayor-elect of the municipality.
Before Ceriola’s actual proclamation, Kare filed a Petition before SC with a
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prayer for a Status Quo Order, which was granted on April 1, 2003. In this Order,
the Comelec, the provincial election supervisor of Albay, and the municipal
canvassers of Malinao were required to observe the status quo prevailing before
the filing of Kare’s petition. .
Issues:
(1) WON Moll be disqualified from running and/or holding the position of mayor?
(2) If yes. who should become the mayor -- Ceriola, the second placer in the
mayoral election? Or Kare, the elected vice mayor?
Held:
(1) Disqualification. YES. Since no appeal of the conviction was seasonably
filed by Moll, the judgment against him has become final. Thus, he was
disqualified from running for mayor, under Section 40(a) of the Local
Government Code (RA No. 7160), which provides:
“Section 40. Disqualifications. – The following persons are disqualified from
running for any elective local position:
(a) Those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one (1) year or more of imprisonment, within two (2)
years after serving sentence;
x x x x x x x x x.”
Moll was sentenced to suffer the penalty of six (6) months of arresto mayor to one
(1) year and nine (9) months of prision correccional, a penalty that clearly
disqualified him from running for any elective local position.
(2) Kare is The Lawful Mayor. The Court ruled that COMELEC in allowing
Ceriola , the second placer in the mayoralty race to be proclaimed mayor-elect
after the disqualification of Moll, applied Section 211(24) of the Omnibus Election
Code (OEC). This provision, however, should be read in relation with other
provisions of the OEC specially Section 72 which states:
“Any candidate who has been declared by final judgment to be
disqualified shall not be voted for, and the votes cast for him shall
not be counted. Nevertheless, if for any reason, a candidate is not
declared by final judgment before an election to be disqualified and
he is voted for and receives the winning number of votes in such
election, his violation of the provisions of the preceding sections
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shall not prevent his proclamation and assumption to office." (Italics
supplied)
When read together, these provisions are understood to mean that any vote cast
in favor of a candidate, whose disqualification has already been declared
final regardless of the ground therefor, shall be considered stray. The Comelec
misconstrued this provision by limiting it only to disqualification by conviction in
a final judgment.
Obviously, the disqualification of a candidate is not only by conviction in a final
judgment; the law lists other grounds for disqualification. The Court held that it
cannot understand why the Comelec insists that Section 211(24) of the OEC is
strictly for those convicted by a final judgment. Such an interpretation is clearly
inconsistent with the other provisions of the election code.
The Comelec’s interpretation of a section in the OEC cannot supplant an
accepted doctrine laid down by this Court. In Aquino v. Comelec,] we said:
“x x x To simplistically assume that the second placer would have received the
other votes would be to substitute our judgment for the mind of the voter. The
second placer is just that, a second placer. He lost the elections. He was
repudiated by either a majority or plurality of voters. To allow the defeated and
repudiated candidate to take over the mayoralty despite his rejection by the
electorate is to disenfranchise them through no fault on their part, and to
undermine the importance and the meaning of democracy and the right of the
people to elect officials of their choice.
The Court held that has no authority under any law to impose upon and compel
the people of Malinao, Albay, to accept Ceriola as their mayor The law on
succession under Section 44 of Republic Act 7160, otherwise known as the Local
Government Code, would then apply. This provision relevantly states:
“SECTION 44. Permanent Vacancies in the Offices of the Governor, Vice-
Governor, Mayor, and Vice Mayor. —
(a) If a permanent vacancy occurs in the office of the governor or mayor, the vice-
governor or vice-mayor concerned shall become the governor or mayor. If a
permanent vacancy occurs in the offices of the governor, vice governor, mayor,
or vice-mayor, the highest ranking sanggunian member or, in case of his
permanent inability, the second highest ranking sanggunian member, shall
become governor, vice-governor, mayor or vice-mayor, as the case may be.
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Subsequent vacancies in the said office shall be filled automatically by the
other sanggunian members according to their ranking as defined herein.
x x x x x x x x x.
“For purposes of this Chapter, a permanent vacancy arises when an elective local
official fills a higher vacant office, refuses to assume office, fails to qualify, dies,
is removed from office, voluntarily resigns, or is otherwise permanently
incapacitated to discharge the functions of his office.”
The language of the law is clear, explicit and unequivocal. Thus, it admits no
room for interpretation, but merely for application. Accordingly, when Moll was
adjudged to be disqualified, a permanent vacancy was created for failure of the
elected mayor to qualify for the office. In such eventuality, the duly elected vice
mayor shall succeed as provided by law.
For violating the law and the clear jurisprudence on this matter, the Comelec
committed grave abuse of discretion. Petitioner Salvador K. Moll
is DECLARED ineligible for the position of municipal mayor of Malinao, Albay. In
view of the vacancy created in that office, Emiliana Toral Kare, the duly elected
vice mayor, shall succeed as mayor, following the rule on succession.
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