Title
Nolasco vs. Commission on Elections
Case
G.R. No. 122250
Decision Date
Jul 21, 1997
Election winner Blanco disqualified for vote-buying; Vice-Mayor Nolasco succeeds as mayor, upholding electoral integrity and succession law.

Case Digest (G.R. No. 183399)

Facts:

  • Election and Candidates
    • The mayoral election for Meycauayan, Bulacan was held on May 8, 1995.
    • The principal candidates were Florentino P. Blanco and Eduardo A. Alarilla.
    • Blanco received 29,753 votes, Alarilla 23,038 votes, and a third candidate, Mauro SC del Rosario, received 6,359 votes.
    • Edgardo Nolasco was elected Vice-Mayor with 37,240 votes.
  • Petition to Disqualify Blanco
    • On May 9, 1995, Alarilla filed a petition to disqualify Blanco with the Commission on Elections (COMELEC).
    • Allegations included Blanco maintaining a private army at his residence.
    • A search warrant was issued on May 5, 1995, leading to a raid by an elite composite team of PNP Intelligence, backed up by the Special Action Force.
    • The raid resulted in the arrest of six men carrying unlicensed high-powered firearms.
    • Blanco’s Galil assault rifle was sighted inside a closed room, prompting the issuance of a second search warrant.
    • Blanco’s wife and brother were allowed to withdraw ten large plastic bags from a vault inside that room.
    • The bags contained shoe boxes with pay envelopes totaling P10,000,000.00, allegedly intended as bribe money for teachers of Meycauayan.
    • The pay envelopes had the inscription “VOTE!!! TINOY,” reflecting a massive vote-buying scheme.
    • The vote-buying scheme was organized through “MTB” (Movement for Tinoy Blanco Volunteers), chaired by Blanco’s brother Mariano.
    • Evidence of flying voters paid to impersonate legitimate voters was also presented.
    • Allegations included vote buying, terrorism to enhance candidacy, and overspending beyond lawful limits.
    • Alarilla filed a motion to suspend Blanco’s proclamation, granted by the COMELEC First Division pending resolution of the disqualification.
  • Proceedings before the COMELEC
    • Blanco filed a motion to lift the suspension and filed an answer to the disqualification petition.
    • Both parties submitted position papers; Blanco filed a reply.
    • On August 15, 1995, the COMELEC First Division disqualified Blanco for vote-buying under Section 261(a) of the Omnibus Election Code.
    • Blanco moved for reconsideration before the COMELEC en banc; Nolasco intervened, claiming he should be declared mayor in the event of Blanco’s disqualification.
    • The COMELEC en banc denied motions for reconsideration on October 23, 1995.
  • Petitions for Certiorari to the Supreme Court
    • Blanco contended that the suspension and disqualification were made without due process, violated COMELEC procedural rules, and improperly awarded proclamation to the second placer.
    • Nolasco petitioned for a declaration as mayor pursuant to the Local Government Code following Blanco’s disqualification.

Issues:

  • Whether Blanco was denied due process by the COMELEC when his proclamation was suspended before a full hearing.
  • Whether the COMELEC violated its own resolution (Resolution No. 2050) and Blanco’s right to equal protection by handling his disqualification case differently from other cases.
  • Whether the use of summary proceedings by COMELEC to resolve Blanco’s disqualification was proper.
  • Whether there was substantial evidence to support Blanco’s disqualification for vote-buying.
  • Whether the second placer, Alarilla, may be proclaimed mayor in case of Blanco’s disqualification.
  • Whether the Vice-Mayor, Nolasco, should be declared mayor upon Blanco’s disqualification under the Local Government Code.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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