Case Digest (G.R. No. 192221) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Dela Cruz v. COMELEC, petitioner Casimira S. Dela Cruz, then three-term Sangguniang Bayan member of Bugasong, Antique, filed her Certificate of Candidacy for Vice-Mayor on November 28, 2009. Aurelio N. Dela Cruz likewise filed for the same post, prompting petitioner on December 6, 2009 to seek his disqualification as a nuisance candidate due to surname similarity and lack of bona fide intention. On January 29, 2010, the Commission on Elections (COMELEC) First Division canceled Aurelio’s candidacy but failed to remove his name from the official lists and ballots. The En Banc issued Resolution No. 8844 on May 1, 2010 directing deletion of his name from the certified list but declaring any votes cast for him as stray votes. Despite this, on election day (May 10, 2010) Aurelio’s name remained on the ballots; the precinct count showed 532 votes for Aurelio, 6,389 for petitioner, and 6,428 for private respondent John Lloyd M. Pacete, who was proclaimed Vice-Mayor. Petitioner then f Case Digest (G.R. No. 192221) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Nature of Petition
- Petitioner Casimira S. Dela Cruz, former three-term Sangguniang Bayan member, filed a petition for certiorari with injunctive relief under Rule 65 and Section 2, Rule 64 (1997 Rules of Civil Procedure, as amended) on May 31, 2010.
- Respondents are the Commission on Elections (COMELEC) and John Lloyd M. Pacete, proclaimed Vice-Mayor of Bugasong, Antique.
- Petitioner challenged COMELEC Resolution No. 8844 (May 1, 2010), which ordered that votes cast for disqualified or otherwise cancelled candidates be considered stray.
- Candidacy and Nuisance Petition
- On November 28, 2009, petitioner filed her Certificate of Candidacy (COC) for Vice-Mayor of Bugasong under the National People’s Coalition; Aurelio N. Dela Cruz later filed for the same position.
- Petitioner filed a petition on December 6, 2009 to declare Aurelio a nuisance candidate based on surname similarity and lack of bona fide intent; COMELEC First Division cancelled his COC on January 29, 2010.
- Despite cancellation, Aurelio’s name remained on the Certified List of Candidates and Official Ballots issued for the May 10, 2010 automated elections.
- COMELEC Resolution No. 8844 and Election Day
- On May 1, 2010, COMELEC En Banc issued Resolution No. 8844 deleting disqualified/nuisance candidates from the certified list but deeming votes cast for them as stray.
- On May 10, 2010, automated elections proceeded with Aurelio’s name on the ballot; voters shaded ovals opposite candidate names.
- Canvassing and Proclamation
- Municipal Board of Canvassers (MBOC) of Bugasong canvassed votes on May 13, 2010: Aurelio N. Dela Cruz – 532 votes; Casimira S. Dela Cruz – 6,389 votes; John Lloyd M. Pacete – 6,428 votes.
- MBOC refused to credit Aurelio’s 532 votes to petitioner per Resolution No. 8844 and proclaimed Pacete Vice-Mayor.
- Subsequent Proceedings
- Petitioner filed an election protest on May 21, 2010 in the Regional Trial Court of Antique to tally Aurelio’s votes in her favor and annul Pacete’s proclamation.
- Petitioner concurrently pursued certiorari before the Supreme Court to nullify Resolution No. 8844’s stray-vote rule.
Issues:
- Whether COMELEC Resolution No. 8844’s directive to treat votes cast for a nuisance candidate whose COC was cancelled as stray is contrary to existing law and jurisprudence.
- Whether votes cast for Aurelio N. Dela Cruz should be credited to the bona fide candidate, Casimira S. Dela Cruz, under COMELEC Resolution No. 4116 and relevant precedents.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)