Case Digest (G.R. No. L-56763)
Facts:
In Grego v. Commission on Elections and Basco (G.R. No. 125955, June 19, 1997), petitioner Wilmer Grego, a registered voter of Manila’s Second District, assailed the Commission on Elections (COMELEC) en banc resolution of July 31, 1996 (SPA No. 95-212), which denied his motion for reconsideration of the First Division’s October 6, 1995 resolution dismissing his petition to disqualify respondent Humberto Basco as a City Councilor. Basco had been administratively dismissed from his Deputy Sheriff post on October 31, 1981 by this Court in Adm. Matter No. P-2363 (108 SCRA 551) for serious misconduct, with forfeiture of benefits and “with prejudice to reinstatement to any position in the national or local government.” Despite this, Basco was elected councilor in 1988, re-elected in 1992 and again in 1995. Grego filed his disqualification petition on May 13, 1995, alleging Basco’s ineligibility under Section 40(b) of the Local Government Code (RA 7160) because of his prior dismissal.Case Digest (G.R. No. L-56763)
Facts:
- Background of Humberto Basco
- On October 31, 1981, the Supreme Court in Adm. Matter No. P-2363 found Basco guilty of serious misconduct, dismissed him from service with forfeiture of all retirement benefits, and barred him, “with prejudice to reinstatement,” from any appointive position in national or local government or GOCCs.
- Basco ran for Manila Second District Councilor in January 1988, May 1992, and May 1995 and was proclaimed elected each time.
- Disqualification proceedings in 1995
- May 13, 1995: Petitioner Grego filed with COMELEC a petition for Basco’s disqualification under Sec. 40(b), RA 7160, before proclamation; hearing set for May 14.
- May 17, 1995: Manila City Board of Canvassers proclaimed Basco as sixth winning candidate; Basco took his oath of office.
- Post-proclamation motions: Grego moved to annul proclamation and declare Romualdo Maranan winner; Basco filed opposition and motion to dismiss.
- October 6, 1995: COMELEC First Division dismissed the petition, ruling that Basco’s administrative penalty was “wiped away and condoned” by the electorate and that post-proclamation contest was not viable.
- July 31, 1996: COMELEC en banc denied Grego’s motion for reconsideration.
- Grego filed a special civil action for certiorari and prohibition with the Supreme Court.
Issues:
- Does Sec. 40(b) of RA 7160 apply retroactively to removals before January 1, 1992?
- Did Basco’s successive elections in 1988, 1992, and 1995 condone his 1981 administrative penalty and restore his eligibility?
- Is Basco’s May 17, 1995 proclamation void ab initio while the disqualification case was pending?
- May Romualdo Maranan, a seventh placer, be declared winner under Sec. 6, RA 6646?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)