Case Digest (G.R. No. L-52413)
Facts:
Meliton C. Geronimo v. Commission on Elections and Julian C. Pendre, G.R. No. L-52413, September 26, 1981, the Supreme Court En Banc, Makasiar, J., writing for the Court.Petitioner Meliton C. Geronimo, a retired lieutenant colonel of the Philippine Air Force, sought to run for mayor of Baras, Rizal, and filed his certificate of candidacy under the Nacionalista Party on January 4, 1980. Private respondent Julian C. Pendre was secretary of the local Kilusang Bagong Lipunan (KBL) chapter and a KBL candidate for Sangguniang Bayan.
On December 31, 1979 petitioner wrote three letters to the KBL Baras chapter manifesting his and his group's intent to run “under the Kilusang Bagong Lipunan Party (KBL)” and requesting endorsement and arbitration. The local KBL chapter replied on January 3, 1980 that its final line‑up had been chosen on December 30, 1979, and denied petitioner’s request. Petitioner then filed his certificate of candidacy as an NP nominee on January 4, 1980.
On January 9, 1980 Pendre filed with the COMELEC (PDC Case No. 23) a petition to cancel Geronimo’s certificate and disqualify him on the ground that Geronimo had changed party affiliation from KBL to NP within six months of the election in violation of Section 10, Article XII(C) of the 1973 Constitution and Section 4 of Batas Pambansa Blg. 52. After hearing on January 15, 1980, the COMELEC on January 19, 1980 resolved to declare Geronimo disqualified and refused due course to his certificate of candidacy (Resolution No. 8305). Geronimo filed a motion for reconsideration January 22, 1980.
Petitioner filed a petition for certiorari and mandamus with this Court on January 28, 1980 and secured a temporary restraining order staying enforcement of the COMELEC resolution. In the January 30, 1980 local elections Geronimo received 2,695 votes and was proclaimed mayor by the Municipal Board of Canvassers on February 24, 1980; the COMELEC initially set aside that proclamation but later, by Resolution No. 9554 (March 11, 1980), reinstated the proclamation temporarily, subject to this Court’s decision.
Respondents answered; the COMELEC and Pendre urged dismissal or affirmance of the disqualification. The COMELEC had applied constitutional...(Subscriber-Only)
Issues:
- Did the Commission on Elections act with grave abuse of discretion in disqualifying Meliton C. Geronimo and refusing to give due course to his certificate of candidacy?
- Was the Kilusang Bagong Lipunan (KBL) a political party such that Geronimo’s conduct amounted to a change of political party affiliation within six months of the election?
- Does application of Presidential Decree No. 1661 (and related disqualification rules) to Geronimo amount t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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