Case Digest (G.R. No. 207900)
Facts:
Petitioner Gamal S. Hayudini filed his Certificate of Candidacy on October 5, 2012 for Mayor of South Ubian, Tawi-Tawi; respondent Mustapha J. Omar filed a petition to cancel the CoC on October 15, 2012 which the COMELEC First Division dismissed on January 31, 2013; Hayudini secured inclusion in the voters list by MCTC the same day but the RTC reversed on March 8, 2013 and ordered deletion of his name, a decision that became final. Omar filed a second petition on March 26, 2013; Hayudini was proclaimed mayor after the May 13, 2013 elections and took his oath, but the COMELEC Second Division cancelled his CoC on June 20, 2013 and the COMELEC En Banc denied reconsideration on July 10, 2013, prompting this Rule 65 petition for certiorari and prohibition.
Issues:
- Did the COMELEC commit grave abuse of discretion in entertaining and granting Omar’s belated petition given the procedural deadlines?
- Was the cancellation of Hayudini’s Certificate of Candidacy and the nullification of his proclamation lawful?
- Was the COMELEC justified in proclaiming Salma A. Omar as the duly elected mayor after COC cancellation?
Ruling:
The petition was dismissed and the COMELEC Resolutions dated June 20, 2013 and July 10, 2013 were affirmed. The Court held that the COMELEC properly granted Omar’s petition in view of a valid supervening event, cancelled Hayudini’s CoC for false material representation, declared his proclamation void, and proclaimed Salma A. Omar as the duly elected mayor.
Ratio:
The Court found no grave abuse of discretion. It applied liberal construction to COMELEC procedural rules to vindicate the public interest in election integrity and speedy resolution of contests. The RTC’s March 8, 2013 decision deleting Hayudini from the voters list was final and executory under Sec. 138, Omnibus Election Code, and constituted a supervening event that rendered earlier dismissals inequitable. Hayudini’s sworn assertion of residency in his CoC violated Sec. 74 and amounted to a false material representation under Sec. 78 of the Omnibus Election Code; cancellation of the CoC therefore rendered his candidacy void ab initio, the votes cast for him stray votes, and, under the controlling precedent Aratea v. Comelec, justified proclamation of the next qualified candidate.
Doctrine:
- The COMELEC Rules of Procedure are subject to liberal construction to protect the integrity of elections and to obtain speedy disposition.
- A final and executory RTC decision on voter inclusion/exclusion under Sec. 138, Omnibus Election Code constitutes a supervening event for CoC cancellation proceedings.
- A sworn misstatement in the CoC as to residency or other qualification is a false material representation under Sec. 78 and warrants cancellation of the CoC.
- Cancellation of a Certificate of Candidacy renders the candidacy void ab initio and votes for the ineligible candidate are stray votes, enabling proclamation of the highest‑voted qualified candidate (see Aratea v. Comelec).
- The COMELEC retains jurisdiction after elections to deny due course to or cancel a CoC and to annul proclamations arising from an invalid candidacy, except where jurisdiction is vested elsewhere by law.