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Rulloda Case: Barangay Election Substitution

Romeo Rulloda died before an election for barangay chairman. His widow Betty requested to replace him as candidate but the Commission on Elections denied it. Betty received more votes than the other candidate Remegio Placido but the board proclaimed Placido chairman based on the Commission's rule against candidate substitution. The court granted Betty's petition, ruling that substitution is allowed in barangay elections in the absence of an explicit prohibition, and ordered Betty be proclaimed the elected chairman.

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91 views2 pages

Rulloda Case: Barangay Election Substitution

Romeo Rulloda died before an election for barangay chairman. His widow Betty requested to replace him as candidate but the Commission on Elections denied it. Betty received more votes than the other candidate Remegio Placido but the board proclaimed Placido chairman based on the Commission's rule against candidate substitution. The court granted Betty's petition, ruling that substitution is allowed in barangay elections in the absence of an explicit prohibition, and ordered Betty be proclaimed the elected chairman.

Uploaded by

Don Amboy
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

Rulloda vs.

Commission on Elections
G.R. No. 154198
January 20, 2003

FACTS: 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. Petitioner’s 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 garnered 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 may be allowed in barangay elections?

HELD: YES. The instant petition is GRANTED.


The assailed Resolution No. 5217 of the Commission on Elections, insofar as it denied
due course to petitioner’s 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.

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.

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