Case Digest (G.R. No. 181097)
Facts:
Norlainie Mitmug Limbona v. Commission on Elections and Malik "Bobby" T. Alingan, G.R. No. 181097, June 25, 2008, Supreme Court En Banc, Ynares‑Santiago, J., writing for the Court.Petitioner Norlainie Mitmug Limbona and her husband Mohammad G. Limbona both sought the mayoralty of Pantar, Lanao del Norte in the 2007 elections; respondent Malik "Bobby" T. Alingan was also a mayoralty candidate. Mohammad filed his certificate of candidacy (COC) on January 22, 2007; Norlainie filed on March 29, 2007 as a candidate. Malik filed petitions for disqualification: first against Mohammad (docketed SPA No. 07-188) on April 2, 2007, and later against Norlainie (docketed SPA No. 07-611) on April 12, 2007.
On April 21, 2007, Norlainie executed an Affidavit of Withdrawal of her COC. She moved to dismiss SPA No. 07-611 as moot on May 2, 2007. The Comelec En Banc granted the withdrawal in Resolution No. 7949 dated May 13, 2007, directing deletion of her name from the certified list of candidates. Meanwhile, the Comelec First Division resolved SPA No. 07-188 on May 24, 2007, disqualifying Mohammad for failure to satisfy the one-year residency requirement and for not being a registered voter; that decision became final and executory on June 2, 2007.
After Mohammad’s disqualification, Norlainie filed a new COC as his substitute; the Comelec En Banc gave due course to that substitute COC in Resolution No. 8255 dated July 23, 2007 and ordered Mohammad’s name deleted and Norlainie’s included in the certified list. Malik then pursued a renewed disqualification effort against Norlainie (docketed SPA No. 07-621). Despite her having filed and been permitted to file a substitute COC and despite the earlier withdrawal, Norlainie ran, won, took her oath, and assumed office.
On September 4, 2007, the Comelec Second Division in SPA No. 07-611 disqualified Norlainie on three grounds: lack of the one‑year residency requirement, not being a registered voter in Pantar, and nullity of her COC for being filed at a place other than the Office of the Election Officer. The Comelec En Banc denied her motion for reconsideration on January 9, 2008. Norlainie sought relief from the Supreme Court by way of a petition for certiorari with a prayer for a temporary restraining order (TRO) and/or writ of preliminary injunction; the Court issued a TRO on January 29, 2008 enjoining enforcement of the Comelec resolutions. The petition raised, among others, the contention that Comelec had committed grave abuse of discretion by deciding the disqualification despite her prior withdrawal and the subsequent acceptance of her ...(Pro-only)
Issues:
- Did the Commission on Elections commit grave abuse of discretion by proceeding to resolve SPA No. 07-611 despite petitioner’s prior withdrawal of her certificate of candidacy?
- Does the Comelec’s giving due course to petitioner’s substitute certificate of candidacy preclude the Commission from deciding on her qualifications?
- Did petitioner satisfy the one‑year residency requirement to be a candidate f...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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