Case Digest (G.R. No. 188671) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
Petitioner Mozart P. Panlaqui sought to be proclaimed Mayor of Sasmuan, Pampanga after the Commission on Elections (Comelec) En Banc, by Resolution of June 17, 2009, denied his motion for proclamation. Private respondent Nardo M. Velasco, born June 22, 1952 in Sasmuan, naturalized as a U.S. citizen in 1983, reacquired Filipino citizenship under Republic Act No. 9225 on July 31, 2006 and returned to the Philippines on September 14, 2006. He applied on October 13, 2006 for registration as a voter of Sasmuan, which the local Election Registration Board (ERB) denied. The Municipal Trial Court (MTC) of Sasmuan reversed the ERB on February 9, 2007 and ordered his inclusion in the voters’ list. On appeal, the Regional Trial Court (RTC) of Guagua, Pampanga, by Decision of March 1, 2007, reversed the MTC, finding him ineligible to vote for lack of residency. Velasco elevated the matter to the Court of Appeals via Rule 42 but the CA, by Amended Decision of August 19, 2008, dismissed for l... Case Digest (G.R. No. 188671) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Mozart P. Panlaqui (Petitioner) challenged the proclamation of Nardo M. Velasco (Respondent) as Mayor of Sasmuan, Pampanga.
- Velasco, born in Sasmuan on June 22, 1952, married in 1975, moved to the U.S. in 1983, and became a naturalized U.S. citizen.
- Reacquisition of Philippine Citizenship and Voter Registration
- Under RA 9225, Velasco’s application for dual Philippine citizenship was approved on July 31, 2006; he took his oath the same day and returned to the Philippines on September 14, 2006.
- On October 13, 2006, Velasco applied for voter registration in Sasmuan; the Election Registration Board (ERB) denied it.
- Judicial Proceedings on Voter Inclusion
- Municipal Trial Court (MTC) Decision (Feb. 9, 2007) ordered Velasco’s inclusion in the voter list.
- Regional Trial Court (RTC) Decision (Mar. 1, 2007) reversed the MTC, finding Velasco ineligible due to lack of residency.
- Court of Appeals (Aug. 19, 2008) dismissed Velasco’s appeal for lack of jurisdiction.
- Candidacy, Election, and Comelec Actions
- Velasco filed his Certificate of Candidacy (COC) for mayor on March 28, 2007, claiming voter status.
- Panlaqui filed before the Comelec a Petition to Deny Due Course To and/or To Cancel Velasco’s COC for material misrepresentation.
- May 2007 elections: Velasco won and assumed office.
- Comelec First Division Resolutions (July 6, 2007; Oct. 15, 2007) canceled his COC and nullified his proclamation for material misrepresentation; this Court affirmed (G.R. No. 180051).
- Motion for Proclamation and Present Petition
- Panlaqui moved for proclamation as second placer; Comelec En Banc denied it (June 17, 2009), holding that succession rule did not apply as Velasco’s disqualification was not final before election day.
- Panlaqui filed a petition for certiorari before this Court, alleging grave abuse of discretion and invoking the Cayat doctrine on second-placer succession.
Issues:
- Whether the RTC’s March 1, 2007 Decision in the voter-inclusion proceedings constituted a final judgment disqualifying Velasco from candidacy prior to election day.
- Whether the rule on succession and the “rejection of the second-placer” doctrine should operate to proclaim Panlaqui as mayor.
- Whether the Comelec En Banc gravely abused its discretion in denying Panlaqui’s motion for proclamation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)