Case Digest (G.R. No. 246328)
Facts:
Vice Mayor Shirlyn L. Banas‑Nograles, et al. v. Commission on Elections, G.R. No. 246328, September 10, 2019, Supreme Court En Banc, Carandang, J., writing for the Court. Petitioners (led by Vice Mayor Shirlyn L. Banas‑Nograles) filed a Petition for Review under Rule 64 of the Rules of Court assailing COMELEC Resolution No. 10524 dated April 11, 2019, which suspended the May 13, 2019 elections for the Representative of the First Legislative District of South Cotabato (which included General Santos City) and set the "first regular election" for the new districts within six months from May 13, 2019.
On March 11, 2019, President Duterte approved Republic Act No. 11243 (R.A. 11243), which reapportioned the First Legislative District of South Cotabato to create the lone legislative district of General Santos City. Section 1 of R.A. 11243 provided that the creation of the lone district was "to commence in the next national and local elections after the effectivity of this Act." R.A. 11243 took effect on April 4, 2019, a little over a month before the scheduled May 13, 2019 general elections, and Section 2 directed incumbents to continue representing their districts "until new representatives shall have been elected and qualified." Section 3 of the law authorized COMELEC to issue implementing rules.
On April 11, 2019, COMELEC issued Resolution No. 10524, stating that electoral data for the Member, House of Representatives for the First Legislative District had already been configured into the automated system and could not be revised in time for May 13, 2019 due to operational and logistical constraints (filing of COCs, finalization of candidate lists and ballot faces, printing). The Commission therefore: (a) suspended the May 13, 2019 election for that Representative position, declaring any votes cast for it at the May 13 elections to be stray; and (b) set the first regular election for the new Representatives of the First and Third Districts within six months from May 13, 2019. The Resolution also stated that the incumbent Representatives would continue to represent their districts until noon of June 30, 2019.
Petitioners challenged the Resolution as violative of R.A. 7166 (which provides for synchronized regular elections on the second Monday of May) and of the clear intent of R.A. 11243 (they argued the reapportionment should commence at the next regular elections after effectivity, i.e., May 2022). They sought a Status Quo Ante Order and asked the Court to recognize the people's right to vote for their representative in the May 13, 2019 elections. The Court, without issuing a Status Quo Ante Order, directed COMELEC to file a comment on May 3, 2019.
Elections took place on May 13, 2019; votes were cast for the Representative of the First District. Of 284,351 votes for that position, 194,929 (68.55%) were for Banas‑Nograles, but under COMELEC's Resolution those votes were to be considered stray and no proclamation followed. Banas‑Nograles filed multiple manifestations asking that she be proclaimed and that the petition be granted. COMELEC (through the Office of the Solicitor General) defended its authority under Article IX‑C, Sec. 2(1) of the 1987 Constitution, B.P. Blg. 881...(Pro-only)
Issues:
- Did COMELEC validly suspend the May 13, 2019 election for Representative of the First Legislative District of South Cotabato pursuant to Resolution No. 10524?
- If the suspension was invalid, must the votes cast on May 13, 2019 be canvassed and the candidate with the most votes proclaimed as Representative, or may COMELEC treat those votes as stray and rely on the ho...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)