Case Digest (G.R. No. 86051)
Facts:
In Eufrocino M. Codilla, Sr. vs. Hon. Jose De Venecia, Roberto P. Nazareno, Ma. Victoria L. Locsin (G.R. No. 150605, December 10, 2002), petitioner Eufrocino M. Codilla, Sr., then Mayor of Ormoc City, ran against incumbent Ma. Victoria L. Locsin for Representative of the Fourth Legislative District of Leyte in the May 14, 2001 elections. Official results showed petitioner leading by 17,903 votes (71,350 to 53,447). Before the Regional Election Director could hear a disqualification petition against petitioner for alleged indirect vote solicitation under Section 68(a) of the Omnibus Election Code, Locsin filed urgent motions before the COMELEC Second Division to suspend his proclamation. Without proper service of summons or hearing, the Division suspended petitioner’s proclamation on May 18, 2001. On June 14, 2001, it issued a resolution disqualifying petitioner, declaring his votes stray and proclaiming Locsin. Locsin was proclaimed June 15, took her oath June 18, and assumed ofCase Digest (G.R. No. 86051)
Facts:
- Background
- In the May 14, 2001 elections for Representative of Leyte’s 4th district, Eufrocino M. Codilla, Sr. garnered 71,350 votes but was not proclaimed; incumbent Ma. Victoria L. Locsin, with 53,447 votes, continued to hold office.
- Codilla filed a petition for mandamus and quo warranto against: (a) the Speaker and Secretary-General of the House to compel seating and registration; and (b) Locsin for usurpation of office based on a void proclamation.
- Disqualification proceedings before COMELEC Second Division
- On May 8, 2001, a voter filed SPA No. 01-208 alleging Codilla’s indirect vote-solicitation via city equipment. The case was remanded to the Regional Election Director without immediate summons to Codilla.
- Locsin moved (May 16 and 18) to suspend Codilla’s proclamation; no proof of service or hearing was held. On May 18, the Division ex parte suspended Codilla’s proclamation.
- On June 14, 2001, the Second Division resolved to disqualify Codilla for indirect solicitation, declared his votes stray, and directed immediate proclamation of the next highest vote-getter, Locsin.
- COMELEC en banc reversal and aftermath
- Codilla filed timely motions for reconsideration (SPA 01-208) and nullity of proclamation (SPC 01-324). The en banc, on August 29, 2001, reversed the Second Division for insufficiency of evidence, nullified Locsin’s proclamation, and ordered the Provincial Board to proclaim and certify Codilla.
- Locsin took office on June 30, 2001, and refused to vacate; the House Speaker and Secretary-General declined to seat Codilla, citing potential dual occupancy and legislative discretion.
Issues:
- Whether Locsin’s proclamation was valid.
- Whether her proclamation divested the COMELEC en banc of jurisdiction to review its validity.
- Whether the Speaker and Secretary-General have a ministerial duty to seat and register Codilla.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)