Case Digest (G.R. No. L-52431)
Facts:
Rodolfo C. Farinas v. Commission on Elections and Antonio F. Lazo, G.R. No. 52431, July 30, 1981, the Supreme Court En Banc, Aquino, J., writing for the Court.
On January 4, 1980, Rodolfo C. Farinas filed a certificate of candidacy as the Nacionalista Party standard bearer for mayor of Laoag City. Later that same day at 4:30 p.m. he filed with the Commission on Elections (Comelec) in Manila another certificate of candidacy indicating he was the nominee of the Kilusang Bagong Lipunan (KBL), and he sent a letter to the Laoag election registrar withdrawing the Nacionalista nomination on the ground that the first filing was a mistake.
On January 8, 1980, Ernesto T. Farinas wrote the provincial election registrar stating that Rodolfo C. Farinas headed the KBL ticket for Laoag City. On January 20, 1980, Laoag City was declared a free zone as to the KBL. Because there were two certificates by Farinas, Antonio F. Lazo, another KBL aspirant for mayor, filed with the Comelec on January 20, 1980 a petition to disqualify Farinas; Farinas was served a copy and filed an unverified answer on January 25, 1980.
The Comelec docketed and, after a summary hearing (the case was heard the next day at 4:00 p.m.; no oral evidence was received and the parties offered only documentary annexes), issued Resolution No. 8547 in PDC No. 158 dated January 28, 1980 disqualifying Farinas on grounds of turncoatism and "engaging in partisan political activities before the campaign period" (citing Presidential Decrees Nos. 1296 and 1661). That same day Farinas filed a verified answer to replace his earlier unverified one.
On January 29, 1980 Farinas filed a petition for certiorari in the Supreme Court challenging Comelec's resolution; the Court issued a restraining order stopping enforcement, leaving Farinas on the ballot as the KBL candidate. Despite the publicized disqualification resolution, Farinas won the January 30 election over Lazo by 6,419 votes and was proclaimed on February 6, 1980 after Comelec lifted its suspension of proclamation.
On February 13, 1980 Farinas...(Subscriber-Only)
Issues:
- Is Farinas’s certiorari petition rendered moot by his proclamation as mayor and thus properly withdrawn?
- Was the Comelec resolution of January 28, 1980 disqualifying Farinas valid where the administrative hearing was summary in character and the parties had limited opportunity to present evidence and memoranda?
- Should the Supreme Court decide the substantive merits of disqualification under allegations of turncoatism and premature partisan activity (citing PD N...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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