Case Digest (G.R. No. 258456)
Facts:
Giorgidi B. Aggabao and Amelita S. Navarro v. Commission on Elections (COMELEC) and Law Department, G.R. No. 258456 (Formerly UDK 17252), July 26, 2022, Supreme Court En Banc, Lazaro‑Javier, J., writing for the Court.
Petitioners Giorgidi B. Aggabao and Amelita S. Navarro filed a Petition for Certiorari under Rule 64 seeking to nullify three COMELEC Law Department issuances: Document No. 21‑3973 (Nov. 10, 2021) declaring Navarro an independent candidate; Document No. 21‑7467 (Dec. 22, 2021) denying Aggabao’s Certificate of Candidacy (COC) as substitute for Navarro; and Document No. 22‑0176 (Jan. 5, 2022) denying Aggabao’s motion for reconsideration. They also sought injunctive relief to prevent Aggabao’s exclusion from the ballot.
On October 4, 2021, Navarro filed a COC for Mayor of Santiago City, Isabela and attached a notarized Certificate of Nomination and Acceptance (CONA) dated September 23, 2021 allegedly signed by Senator Panfilo M. Lacson as Partido Reporma’s chairperson. On October 8, 2021, Christopher G. Ayson filed a COC for the same mayoralty post and likewise attached a notarized CONA he claimed was signed by Senator Lacson. Upon learning of Ayson’s filing, Senator Lacson sent letters (Nov. 6 and Dec. 2, 2021) to the COMELEC Law Department disclaiming that Partido Reporma issued any CONA in favor of Ayson and reiterating that Navarro was the party’s official mayoral nominee.
On November 9, 2021 Navarro withdrew her mayoral COC and sought to run for vice‑mayor instead; she named Aggabao as her substitute. Aggabao filed a COC the same day attaching a CONA dated Nov. 8, 2021 signed by Senator Lacson. By Document No. 21‑3973 (Nov. 10, 2021) the COMELEC Law Department informed Navarro she was deemed an independent candidate because, under Section 15 of COMELEC Resolution No. 10717, the party had nominated more than the number of candidates allowed for that post. Despite Senator Lacson’s letters disowning Ayson’s CONA, the COMELEC Law Department and later the COMELEC En Banc maintained both Navarro and Ayson as independent candidates and denied due course to Aggabao’s substitution (Document No. 21‑7467, Dec. 22, 2021); Aggabao’s motion for reconsideration was denied (Doc. No. 22‑0176, Jan. 5, 2022).
Aggabao and Navarro filed their certiorari petition in the Supreme Court and obtained a Temporary Restraining Order (TRO) on January 25, 2022 enjoining enforcement of Document No. 21‑7467. COMELEC, through the OSG, filed a Comment explaining that it had received two apparently regular CONAs and acted under its ministerial duty to receive COCs/CONAs (citing the presumption of regularity for notarized documents). COMELEC later explained it had begun ballot preparations and generated the final ballot face on January 9, 2022; it therefore could not technically comply with TROs re...(Subscriber-Only)
Issues:
- Is the petition moot due to the conduct and conclusion of the May 9, 2022 elections, and if so, does an exception justify deciding the case on the merits?
- Did the COMELEC commit grave abuse of discretion by declaring Navarro an independent candidate and denying Aggabao’s substitution without affording notice and hearing?
- Was COMELEC’s decision to proceed with ballot preparation and printing despite the TRO a refusal to respect the C...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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