Case Digest (G.R. No. 145443) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Dominador G. Jalosjos, Jr. v. Commission on Elections and Agapito J. Cardino (G.R. Nos. 193237 & 193536, October 9, 2012), both petitioners contested the May 10, 2010 mayoralty election in Dapitan City, Zamboanga del Norte. Jalosjos sought a third term but Cardino filed on December 6, 2009 a petition under Section 78 of the Omnibus Election Code (OEC) to cancel Jalosjos’s Certificate of Candidacy (COC) for false material representation. Cardino alleged Jalosjos had been convicted by final judgment of robbery in 1970 (RTC, Branch 18, Cebu City, Criminal Case No. CCC-XIV-140-CEBU), sentenced to prision correccional to prision mayor, and that his probation—initially granted in June 1985—was revoked on March 19, 1987. Jalosjos countered with a February 5, 2004 RTC order declaring he had complied with probation based on a December 19, 2003 Parole and Probation Administration certification. That certification’s issuer, Administrator Gregorio F. Bacolod, was convicted by the Sandiga Case Digest (G.R. No. 145443) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background
- Dominador G. Jalosjos, Jr. (Jalosjos) and Agapito J. Cardino (Cardino) both filed certificates of candidacy (COCs) for Mayor of Dapitan City, Zamboanga del Norte in the May 2010 local elections.
- On December 6, 2009, Cardino filed with the COMELEC a petition under Section 78 of the Omnibus Election Code (OEC) to deny due course to and cancel Jalosjos’s COC, alleging that Jalosjos falsely represented his eligibility by declaring under oath that he had no outstanding disqualification despite a final conviction for robbery and an unserved sentence.
- COMELEC Proceedings
- On May 10, 2010, the COMELEC First Division granted Cardino’s petition, finding that:
- Jalosjos’s probation, originally granted in 1985, had been revoked by the RTC in 1987.
- He remained under a final sentence of prision mayor, triggering perpetual special disqualification under Section 40(a) of the Local Government Code (LGC).
- His declaration of eligibility in his COC was a false material representation under Section 78, OEC, warranting cancellation.
- On August 11, 2010, the COMELEC en banc denied Jalosjos’s motion for reconsideration, ordered him ousted, and applied the LGC’s rule on succession.
- Supreme Court Proceedings
- Jalosjos filed a petition for certiorari (G.R. No. 193237) on August 25, 2010; Cardino filed his petition (G.R. No. 193536) on September 17, 2010.
- On February 22, 2011, the Supreme Court dismissed Jalosjos’s petition and affirmed both COMELEC resolutions.
- The cases were consolidated on March 29, 2011. Although Jalosjos resigned effective April 30, 2012, the Court held the cases were not moot, given its duty to enforce election laws.
Issues:
- In G.R. No. 193237 (Jalosjos’s petition)
- Did the COMELEC commit grave abuse of discretion by cancelling Jalosjos’s COC without finding deliberate misrepresentation and by violating COMELEC procedural rules?
- Was Jalosjos disqualified from running for mayor due to revocation of his probation and his final robbery conviction under LGC Section 40(a)?
- In G.R. No. 193536 (Cardino’s petition)
- Did the COMELEC en banc properly apply the LGC succession rule to fill the mayoral vacancy caused by cancellation of Jalosjos’s COC?
- Should Cardino, as the only remaining qualified candidate, be proclaimed Mayor of Dapitan City?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)