G.R. No. 256285 - Miguel Rene A. Dominguez vs. Commission on Audit, Michael G. Aguinaldo in his capacity as Chairperson

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G.R. No. 256285: Miguel Rene A. Dominguez vs. Commission on Audit, Michael G. Aguinaldo in his capacity as Chairperson

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Title Source: Supreme Court: Kare vs. Commission on Elections

Case: G.R. No. 157526

Decision Date: Apr 28, 2004

A mayoral candidate disqualified due to a final conviction; votes for him deemed valid, leading to the vice mayor's succession, not the second placer.

Case Digest (G.R. No. 256285)
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Facts:

Election Context and Candidacies

In the May 14, 2001 local elections in Malinao, Albay:

Salvador K. Moll, a mayoral candidate, obtained the highest number of votes.
Avelino Ceriola, another candidate, came in second, trailing Moll by 987 votes.
Emiliana Toral Kare was elected as the vice mayor.

Subsequent legal actions arose regarding the qualification of the candidates:

Ceriola filed a petition on May 18, 2001 seeking confirmation of the disqualification/ineligibility of Moll to run.
The petition alleged that Moll had been sentenced by final judgment to a penalty ranging from six (6) months of arresto mayor to one (1) year and nine (9) months of prision correccional for usurpation of authority or official functions under Article 177 of the Revised Penal Code.

Procedural History and Comelec Resolutions

Initial Petition and Comelec Actions:

The Comelec First Division dismissed Ceriola’s petition on May 28, 2001.
Ceriola subsequently filed a motion for reconsideration with the Comelec en banc.
On August 31, 2001, the en banc set aside the earlier dismissal and remanded the petition to the provincial election supervisor of Albay for further hearings and presentation of evidence.

En Banc Resolution Issued on March 19, 2003:

Based on the provincial election supervisor’s report and recommendation, the Comelec en banc resolved to disqualify Salvador K. Moll from running for mayor due to his conviction.
The Resolution declared Moll’s proclamation as winning candidate void ab initio.
Consequently, the Municipal Board of Canvassers was instructed to proclaim Avelino Ceriola as the mayor-elect.

Petitions for Certiorari to the Supreme Court

Two separate petitions were filed:

GR No. 157526 by Petitioner Emiliana Toral Kare, challenging the Resolution insofar as it proclaimed Ceriola as mayor-elect.
GR No. 157527 by Petitioner Salvador K. Moll, seeking the annulment of the entire Resolution.

A Status Quo Order was earlier granted on April 1, 2003, to preserve the situation pending the resolution of the controversies.

Issues:

The Disqualification of Moll

Whether Salvador K. Moll should be disqualified from running for and holding the office of mayor based on his final judgment of conviction.
Whether his filing of a motion for reconsideration and a motion to quash the information should have interrupted the appellate period, thereby affecting the finality of the judgment against him.

Determination of the Lawful Mayor

Once Moll is disqualified, the issue arises as to who should lawfully assume the mayoralty:

Avelino Ceriola, the candidate with the second highest number of votes.
Or Emiliana Toral Kare, the duly elected vice mayor.

Whether the provision under Section 211(24) of the Omnibus Election Code (OEC) that treats votes for a candidate disqualified by final judgment as stray votes supports the proclamation of the second placer or the application of the succession rule under the Local Government Code.

Ruling:

(Subscriber-Only)

Ratio:

(Subscriber-Only)

Doctrine:

(Subscriber-Only)

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END