Case Digest (G.R. No. L-52765)
Facts:
Edito Goboy v. Commission on Elections (COMELEC) and Aniceto Fernandez, Jr., G.R. No. 52765, December 29, 1983, the Supreme Court En Banc, De Castro, J., writing for the Court.Petitioner Edito Goboy, a Nacionalista candidate, was proclaimed Mayor of Tangalan, Aklan after the January 30, 1980 elections, having obtained 2,320 votes against respondents Aniceto Fernandez, Jr. (KBL, 2,048 votes) and Pedro C. Fuentes (independent, 27 votes). On January 14, 1980 Anton T. Estrada filed with the COMELEC a petition for disqualification alleging that Goboy had been affiliated with the KBL within six months immediately preceding January 30, 1980 (an allegation of alleged turncoatism).
On February 5, 1980 the COMELEC adopted Resolution No. 8916 cancelling Goboy’s certificate of candidacy. Despite the COMELEC’s earlier action, the Municipal Board of Canvassers proclaimed Goboy mayor on February 8, 1980. On February 14, 1980 the COMELEC issued an ex parte order directing the Board of Canvassers to reconvene and proclaim Fernandez as duly elected. Goboy filed a motion for reconsideration of the February 5 resolution; when no action was taken and the date for assumption of office drew near he filed a petition with the Supreme Court for certiorari, mandamus and injunction, alleging denial of due process (no formal hearing) and that Estrada had not complied with COMELEC Resolution No. 8584’s requirement to reiterate his petition, which Goboy claimed amounted to abandonment of the disqualification petition.
The Supreme Court issued a temporary restraining order (TRO) on February 29, 1980 enjoining Fernandez from assuming office. After conflicting COMELEC resolutions (it adopted Resolution No. 9450 on March 6, 1980 confirming Goboy’s proclamation, then adopted Resolution No. 9467 on March 10, 1980 setting aside No. 9450), G...(Pro-only)
Issues:
- Did the COMELEC deny petitioner Goboy procedural due process when it cancelled his certificate of candidacy without affording an actual hearing?
- Given that an election had been held and petitioner was proclaimed, should the case be resolved by the Supreme Court or returned to the COMELEC fo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)