Case Digest (G.R. No. 248701)
Facts:
In Vice-Mayor Marcelina S. Engle v. Commission on Elections En Banc and Winston B. Menzon, petitioner Engle sought to substitute her late husband, James L. Engle, as the Lakas–CMD candidate for Vice-Mayor of Babatngon, Leyte in the May 13, 2013 elections after his death on February 2, 2013. Petitioner filed her certificate of candidacy (COC) on February 22, 2013, asserting her party affiliation and qualification to substitute. Private respondent Menzon challenged this COC on February 25, 2013, contending that James Engle had been erroneously classified as an independent candidate due to the party’s late submission of the authority of its Leyte chapter president, Ferdinand Martin G. Romualdez, to sign Certificates of Nomination and Acceptance (CONA). On May 15, 2013, after elections were held with James Engle’s name on the ballot, the Municipal Board of Canvassers proclaimed petitioner as duly elected with 6,657 votes against Menzon’s 3,515. On July 5, 2013, the COMELEC Second DiCase Digest (G.R. No. 248701)
Facts:
- Parties and Candidacy
- Vice-Mayor Marcelina S. Engle (petitioner) filed her Certificate of Candidacy (COC) on February 22, 2013 as substitute for her husband James L. Engle, who died on February 2, 2013.
- Winston B. Menzon (private respondent) filed on February 25, 2013 a Petition to Deny Due Course and/or Cancel the COC of Engle, alleging misrepresentation of party affiliation (Lakas-CMD) and invoking COMELEC Resolution No. 9518, Sec. 15, which prohibits substitution of independent candidates.
- COMELEC Proceedings
- COMELEC Second Division issued a Resolution on July 5, 2013 denying due course to and canceling Engle’s COC, annulling her proclamation as duly-elected Vice-Mayor of Babatngon, Leyte, and proclaiming Menzon in her stead.
- COMELEC En Banc denied Engle’s motion for reconsideration in its January 20, 2015 Resolution, affirming the Second Division’s ruling.
- Election Outcome and Supreme Court Petition
- Despite pending petitions, the May 13, 2013 election proceeded with James L. Engle’s name on the ballot; votes cast for him (6,657) were credited to Engle as substitute, surpassing Menzon’s 3,515 votes.
- Engle filed a petition for certiorari and prohibition under Rule 65 (G.R. No. 215995), challenging the COMELEC resolutions before the Supreme Court; decision rendered January 19, 2016.
Issues:
- Whether the COMELEC validly canceled Engle’s COC under Section 78 of the Omnibus Election Code (OEC).
- Whether Engle validly substituted for her deceased husband under Section 77 OEC and COMELEC Resolution No. 9518.
- Whether Menzon could be validly proclaimed Vice-Mayor despite placing second in the May 13, 2013 election.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)