G.R. No. 120905 - Reyes vs. Commission on Elections

Renato U. Reyes, the incumbent mayor of Bongabong, Oriental Mindoro, was the subject of an administrative complaint filed on October 26, 1994, by Dr. Ernesto Manalo before the Sangguniang Panlalawigan.
The complaint alleged a series of irregularities, including:

Exacting and collecting P50,000.00 from each market stall holder at the Bongabong Public Market.
Failing to process checks issued by the National Reconciliation and Development Program.
Illicit appropriation of twenty-seven heads of cattle from beneficiaries of a cattle dispersal program after they had reared and fattened them for seven months.

On February 6, 1995, the Sangguniang Panlalawigan found Reyes guilty of the said charges and ordered his removal from office.
Reyes, anticipating a judgment against him, filed a petition for certiorari, prohibition, and injunction with the Regional Trial Court alleging that the proceedings had been terminated without affording him the opportunity to be heard.
A temporary restraining order (TRO) was issued on February 7, 1995, halting further proceedings by the Sangguniang Panlalawigan; however, this TRO later lapsed without a preliminary injunction being issued, thus permitting the continued implementation of the administrative decision.

The decision of the Sangguniang Panlalawigan was not directly delivered to Reyes because:

On March 3, 1995, the decision was handed to Reyes’ counsel in Manila, who refused to accept it.
Subsequent attempts to serve Reyes personally and through registered mail were met with refusals or non-acceptance.

Despite these refusals, under the Rules of Court, service was considered complete:

Personal service was effectively achieved when the decision was delivered to his counsel.
Registered mail service, even though unclaimed, was deemed completed after five days from the last notice.

On March 23, 1995, the Sangguniang Panlalawigan issued an order for Reyes to vacate the mayoralty, which again was not accepted by him.

Despite the pending administrative case and the controversy over service, Reyes filed his certificate of candidacy on March 20, 1995.
On March 24, 1995, a registered voter, Rogelio de Castro, petitioned for Reyes’ disqualification based on Section 40(b) of the 1991 Local Government Code, which disqualifies those removed from office due to an administrative case.
Notwithstanding the petition for disqualification, Reyes was voted for during the May 8, 1995 elections.
On May 9, 1995, the COMELEC Second Division issued a resolution cancelling Reyes’ certificate of candidacy and disqualifying him from running for public office.
Reyes filed a motion for reconsideration on July 3, 1995, which was denied by the COMELEC en banc, resulting in the cancellation of his proclamation as mayor.
A related petition was filed by Julius O. Garcia (petition in G.R. No. 120940) seeking to be proclaimed mayor, contending that since Reyes was disqualified, as the second highest vote-getter he should be declared the winner.

On August 1, 1995, the Court issued a temporary restraining order directing the COMELEC en banc to cease the implementation of its July 3, 1995 resolution.
The two petitions, one by Reyes and the other by Garcia, were consolidated for determination due to their involvement with the same COMELEC resolutions.

Whether the service of the Sangguniang Panlalawigan’s decision on petitioner Reyes was valid despite his and his counsel’s refusal to accept it.

Whether Reyes’ election on May 8, 1995 rendered the administrative decision—resulting in his removal—moot and academic, effectively condoning the misconduct charged against him.

Issuing the resolution disqualifying Reyes after the administrative decision had become final.
Canceling Reyes’ certificate of candidacy and subsequently setting aside his proclamation.

Whether the COMELEC’s failure to decide the petitions in a timely manner affected the validity of the votes, in particular, the votes cast for Reyes.

Whether, in view of Reyes’ disqualification, Julius O. Garcia—who obtained the second highest number of votes—could be declared the duly-elected mayor under the law.