Case Digest (G.R. No. 136351)
Facts:
Joel G. Miranda v. Antonio M. Abaya and the Commission on Elections, G.R. No. 136351, July 28, 1999, the Supreme Court En Banc, Melo, J., writing for the Court.On March 24, 1998, Jose “Pempe” Miranda, then incumbent mayor of Santiago City, filed his certificate of candidacy for reelection. On March 27, 1998 Antonio M. Abaya (private respondent) filed a Petition to Deny Due Course to and/or Cancel Certificate of Candidacy (docketed SPA No. 98-019). The COMELEC First Division issued a resolution dated May 5, 1998 granting the petition and stating that Jose “Pempe” Miranda was “DISQUALIFIED.” That resolution became final and executory when no motion for reconsideration was filed within the reglementary period.
On May 6, 1998, beyond the filing deadline, Joel G. Miranda (petitioner) filed a certificate of candidacy as substitute for his father, accompanied by a party nomination from LAMMP. Elections on May 11, 1998 gave Joel Miranda 22,002 votes and Abaya 20,336 votes; Joel was proclaimed mayor. On May 13, 1998 Abaya filed SPA No. 98-288, praying that Joel’s substitution be declared void ab initio because his father’s certificate had been denied due course/cancelled. The COMELEC First Division dismissed SPA No. 98-288 motu proprio on May 16, 1998; Abaya moved for reconsideration.
On December 8, 1998 the COMELEC En Banc consolidated SPA Nos. 98-019 and 98-288, amended the May 5, 1998 dispositive portion to read that Jose “Pempe” Miranda’s certificate was “DENIED DUE COURSE AND/OR CANCELLED,” annulled Joel Miranda’s election and proclamation, cancelled the certificate of canvass, and directed the city board of canvassers to reconvene and proclaim the winning candidate among those voted upon (effectively Abaya). On December 9, 1998 Joel filed a petition for certiorari with a prayer for TRO in the Supreme Court. On December 11, 1998 the Court issued a temporary restrain...(Pro-only)
Issues:
- Was the Comelec En Banc’s annulment of petitioner’s substitution and proclamation rendered without jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction?
- Was the Comelec En Banc’s directive ordering the city board of canvassers to reconvene and proclaim the private respondent issued with grave abuse of discretion amounting to l...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)