Case Digest (G.R. No. 178467) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In the consolidated petitions under G.R. Nos. 154512, 154683 and 155083-84, Victorino Dennis M. Socrates, the duly elected Mayor of Puerto Princesa City since June 30, 2001, challenged the Commission on Elections’ (COMELEC) en banc resolutions that (1) gave due course to the Preparatory Recall Assembly’s (PRA) Recall Resolution of July 2, 2002, initiating a recall election; (2) set an initial ten-day campaign period; and (3) declared Edward S. Hagedorn, a three-term mayor who sat out the 2001 regular election, qualified to run in the recall. On July 16, 2002, Socrates filed before COMELEC a petition to deny due course to the Recall Resolution, but on August 14, 2002 the COMELEC en banc dismissed it for lack of merit and scheduled the recall for September 7, 2002. After this Court enjoined a ten-day campaign period as absurdly short, COMELEC extended the campaign by fifteen days and reset the election for September 24, 2002. Petitions by Ma. Flores P. Adovo, Mercy E. Gilo, Bienve... Case Digest (G.R. No. 178467) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Preparatory Recall Assembly and Recall Resolution
- On July 2, 2002, 312 of 528 barangay officials of Puerto Princesa City convened a Preparatory Recall Assembly (PRA) at Barangay San Jose Gymnasium (9:00 a.m. to 12:00 noon) to initiate the recall of Mayor Victorino Dennis M. Socrates, who had assumed office June 30, 2001.
- Interim Chair: Mark David M. Hagedorn.
- PRA Resolution No. 01-02 declared loss of confidence in Socrates and requested COMELEC to schedule a recall election within 30 days.
- PRA proponents submitted notices (personal service, conspicuous posting, mass media), minutes, attendance sheets, and certified master lists. COMELEC officers and DILG, PNP, and media received copies. No objections from PRA members were recorded.
- COMELEC Proceedings on Recall Election
- July 16, 2002: Socrates filed EM No. 02-010(RC) to nullify Recall Resolution.
- August 14, 2002: COMELEC en banc dismissed Socrates’s petition for lack of merit, gave due course to Recall Resolution, and scheduled recall election on September 7, 2002.
- August 21, 2002: COMELEC Resolution No. 5673 fixed campaign period at 10 days (Aug 27–Sep 5).
- September 3, 2002: Supreme Court en banc enjoined implementation of 10-day period; directed 15-day extension.
- September 9, 2002: COMELEC Resolution No. 5708 extended campaign period and reset election to September 24, 2002.
- Candidacies and Disqualification Petitions
- August 23, 2002: Edward S. Hagedorn filed his certificate of candidacy for mayor.
- August 17, 2002: Ma. Flores F. Adovo and Merly E. Gilo filed SPA No. 02-492 to disqualify Hagedorn for purported 4th consecutive term; Bienvenido Ollave, Sr. intervened same day.
- Genaro V. Manaay filed SPA No. 02-539 raising similar grounds. SPA 02-492 and 02-539 were consolidated.
- September 20, 2002: COMELEC First Division dismissed petitions; declared Hagedorn qualified.
- September 23, 2002: COMELEC en banc denied motions for reconsideration, affirmed qualification.
- Recall Election Results and Supreme Court Petitions
- September 24, 2002 recall election: Hagedorn (20,238 votes) defeated Socrates (17,220) and Vicente S. Sandoval, Jr. (13,241).
- September 24, 2002: Petitioners Adovo, Gilo, and Ollave filed certiorari (G.R. Nos. 155083-84) seeking to enjoin proclamation of winner; Supreme Court issued temporary restraining order.
- September 27, 2002: Socrates moved to intervene in G.R. Nos. 155083-84.
- October 1, 2002: Supreme Court granted intervention.
Issues:
- Validity of Recall Resolution (G.R. No. 154512)
- Whether COMELEC gravely abused its discretion in giving due course to the PRA’s Recall Resolution and in scheduling the recall election.
- Campaign Period (G.R. No. 154683)
- Whether COMELEC gravely abused its discretion in prescribing only a 10-day campaign period for the recall election (Issue later rendered moot).
- Qualification of Hagedorn (G.R. Nos. 155083-84)
- Whether Edward S. Hagedorn is disqualified from running for mayor in the September 24, 2002 recall election by reason of having served three consecutive terms.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)