Case Digest (G. R. No. 31624)
Facts:
In Roberto R. Monroy v. Hon. Court of Appeals and Felipe del Rosario, petitioner Roberto R. Monroy was the duly elected Mayor of Navotas, Rizal. On September 15, 1961, he filed his certificate of candidacy for Representative of the First District of Rizal with the Commission on Elections. Three days later, on September 18, 1961, he submitted a letter withdrawing that certificate, and the Commission, by resolution, approved the withdrawal. Unperturbed, on September 21, 1961, Vice‐Mayor Felipe del Rosario assumed the mayoralty of Navotas, alleging that Monroy’s act of filing a certificate of candidacy for another office automatically forfeited his incumbency under Section 27 of the Revised Election Code. Monroy then instituted an action for injunction against del Rosario and the Commission in the Court of First Instance of Rizal, sitting in Pasig. The trial court held that Monroy had indeed vacated his office upon filing his certificate on September 15, 1961; del Rosario was thereCase Digest (G. R. No. 31624)
Facts:
- Filing and Withdrawal
- On September 15, 1961, Roberto R. Monroy, then‐incumbent Mayor of Navotas, Rizal, filed his certificate of candidacy for Representative of the First District of Rizal in the forthcoming elections.
- On September 18, 1961, Monroy submitted a letter withdrawing that certificate. The Commission on Elections (COMELEC) approved the withdrawal by resolution (date of issuance not of record).
- Assumption of Office and Judicial Proceedings
- On September 21, 1961, Vice-Mayor Felipe del Rosario took his oath as Municipal Mayor of Navotas, claiming Monroy had forfeited the mayoralty upon filing his certificate of candidacy.
- Monroy filed an injunction suit in the Court of First Instance of Rizal, Pasig, seeking reinstatement. That court ruled:
- Monroy ceased to be mayor as of September 15, 1961.
- Del Rosario became mayor on September 21, 1961.
- Monroy must reimburse del Rosario the salaries earned as mayor from September 21, 1961, until Monroy could reassume office (actual damages).
- Monroy must pay del Rosario ₱1,000 as moral damages.
- On appeal, the Court of Appeals affirmed the judgment in toto except it deleted the award of moral damages. Monroy’s motion for reconsideration was denied, prompting this petition for certiorari.
Issues:
- Jurisdiction
- Did the lower courts lack jurisdiction to review a COMELEC resolution approving the withdrawal of Monroy’s certificate of candidacy?
- Legal Effect of Withdrawal
- Does the withdrawal of a certificate of candidacy restore the filer to the elective office he had forfeited upon filing?
- Recovery of Salaries
- Is Monroy liable for actual damages in the form of salaries received by del Rosario during his tenure as de facto mayor?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)