Case Digest (G.R. No. 186571)
Facts:
In Claudio v. Commission on Elections, decided May 4, 2000 (387 Phil. 405), Jovito O. Claudio, elected Mayor of Pasay City on May 11, 1998 and assuming office July 1, 1998, filed G.R. No. 140560 for certiorari and prohibition to nullify the Commission on Elections’ (COMELEC) October 18, 1999 resolution giving due course to a recall petition. Conversely, the Preparatory Recall Assembly of Pasay City (PRA), chaired by Richard Advincula, filed G.R. No. 140714 for mandamus to compel the COMELEC to set a recall election date. On May 29, 1999, 1,073 barangay officials convened the PRA and adopted Resolution No. 01, S-1999 to initiate recall for loss of confidence. The petition was filed July 2, 1999; COMELEC posted copies for verification, conducted signature validation and, over unsolicited oppositions by Claudio and others, found 958 authentic signatures and set the recall election for April 15, 2000. Claudio argued that the PRA convening was premature under Section 74(b) of RepubliCase Digest (G.R. No. 186571)
Facts:
- Parties and Nature of the Petitions
- G.R. No. 140560 – Jovito O. Claudio, Mayor of Pasay City, filed a petition for certiorari and prohibition to nullify the COMELEC Resolution of October 18, 1999 giving due course to a recall petition against him.
- G.R. No. 140714 – The Preparatory Recall Assembly (PRA) of Pasay City, represented by its chairman Richard Advincula, filed a petition for mandamus to compel the COMELEC to set a date for recall elections pursuant to the foregoing resolution.
- Formation and Proceedings of the Preparatory Recall Assembly
- Claudio was elected Mayor on May 11, 1998 and assumed office on July 1, 1998. In May 1999, barangay officials discussed a recall for loss of confidence.
- On May 19, 1999, an ad hoc committee (the PRA) was organized, with Advincula as chair. On May 29, 1999, 1,073 PRA members adopted Resolution No. 01, S-1999 to recall Mayor Claudio.
- Filing of the Recall Petition and Oppositions
- On July 2, 1999, the PRA submitted the recall petition to the COMELEC’s Pasay City office, posting copies per COMELEC rules and having the signatures verified by Election Officer Ligaya Salayon.
- Oppositions were filed by Claudio and other private parties, alleging (a) that signatures merely evidenced attendance, (b) that the PRA convening was within the one-year prohibited period, (c) that a pending election protest was prejudicial, and (d) that the recall resolution lacked a true majority.
- COMELEC Resolution and Supreme Court Action
- On October 18, 1999, the COMELEC granted due course to the recall petition, found 958 valid signatures, held the one-year ban runs from filing of the petition, and ruled the pendency of the election protest non-prejudicial.
- The PRA’s mandamus petition was rendered moot when COMELEC set the recall election for April 15, 2000. Claudio’s certiorari petition was dismissed by the Supreme Court (8–6) for lack of grave abuse of discretion.
Issues:
- Whether “recall” in Section 74(b) of R.A. 7160 includes the preparatory recall assembly proceedings (convening of the PRA and its adoption of a recall resolution).
- Whether “regular local election” in Section 74(b) refers only to the election day or also to the election/campaign period preceding it.
- Whether the PRA resolution was validly signed by a majority of its members and duly verified.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)