Case Digest (G.R. No. 246328)
Facts:
Petitioners Vice Mayor Shirlyn L. Banas-Nograles, et al. filed a Petition for Review under Rule 64 contesting COMELEC Resolution No. 10524 dated April 11, 2019, which suspended the May 13, 2019 election for Representative of the First Legislative District of South Cotabato, including General Santos City, after the enactment of R.A. 11243 (approved March 11, 2019; effectivity April 4, 2019) that reapportioned the district. The Court required COMELEC to comment, the May 13 elections proceeded and votes were cast (petitioner Banas-Nograles receiving 194,929 votes), but COMELEC treated those votes as stray; petitioners sought proclamation and nullification of the Resolution.
Issues:
- Did COMELEC Resolution No. 10524 lawfully suspend the May 13, 2019 regular election for Representative in violation of R.A. 7166 and the Constitution?
- Did R.A. 11243 provide for a different election date or delegate to COMELEC authority to reset the election to a date within six months from May 13, 2019?
- Were the votes cast on May 13, 2019 for the First Legislative District necessarily stray and thus incapable of producing a duly elected Representative?
Ruling:
The petition was granted. The Court declared COMELEC Resolution No. 10524 null and void, upheld the May 13, 2019 election for the Representative of the First Legislative District of South Cotabato, including General Santos City, and directed COMELEC to convene a Special Provincial Board of Canvassers to proclaim Shirlyn L. Banas-Nograles as the winning candidate. The holdover provision of R.A. 11243 was inapplicable because a newly elected and qualified Representative existed.
Ratio:
The Constitution requires regular elections for Members of the House to be held on the second Monday of May unless otherwise provided by law, and such exception must be clearly provided by statute or by delegation of authority to COMELEC. R.A. 11243 neither set a different election date nor delegated to COMELEC the power to change the date; Congress intended the reapportionment to commence at the next regular elections practicable, namely May 2022, because the 2019 election period had already begun when the law took effect. COMELEC’s logistical difficulties did not justify postponing the regular election or treating valid votes as stray where the Constitution and statute prescribe otherwise, and allowing COMELEC’s plan would have produced a term shorter than the three years mandated by Section 7, Article VI.
Doctrine:
- Elections for Members of the House of Representatives shall be held on the second Monday of May unless *otherwise provided by law*.
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