Case Digest (G.R. No. L-17616)
Facts:
Pryde Henry A. Teves v. Commission on Elections, Roel R. Degamo, and Grego "Ruel" Degamo, G.R. Nos. 262622 and 262682, February 14, 2023, the Supreme Court En Banc, Lopez, J., writing for the Court.The dispute arose from a petition before the Commission on Elections (COMELEC) to declare Grego "Ruel" G. Degamo a nuisance candidate for Governor of Negros Oriental. On October 7–8, 2021, Roel R. Degamo filed his Certificate of Candidacy (CoC) under the Nacionalista Party; Ruel filed his CoC as an independent the next day; Pryde Henry A. Teves also filed and later received the highest votes in the May 9, 2022 election. Roel filed SPA No. 21-085 (DC) on October 13, 2021, seeking to declare Ruel a nuisance candidate, alleging (inter alia) that Ruel is actually a Gaudia, not a Degamo, lacked bona fide intention and means to run, and that his candidacy would confuse voters; Roel submitted affidavits (including from Irna Gaudia Degamo) and other evidence in support.
On December 16, 2021, the COMELEC Second Division granted Roel’s petition and declared Ruel a nuisance candidate, cancelling his CoC. Ruel moved for reconsideration on December 21, 2021; Roel opposed. The case remained pending as of election day; Ruel’s name stayed on the certified ballot and received 49,953 votes, while Teves received 301,319 and Roel 281,773. Roel sought expedited resolution before and after the elections and eventually filed a petition for mandamus with this Court (G.R. No. 261178) alleging COMELEC’s neglect to decide the motion for reconsideration.
On August 16, 2022, this Court granted Roel’s mandamus petition ordering the COMELEC En Banc to resolve the motion within ten days. The COMELEC En Banc, on September 1, 2022, denied Ruel’s motion for reconsideration and ordered that votes garnered by Ruel in the May 9, 2022 elections be counted in favor of Roel. The COMELEC issued an execution order on September 27, 2022 creating a Special Provincial Board of Canvassers to annul Teves’ proclamation, credit Ruel’s votes to Roel pursuant to applicable COMELEC resolutions and jurisprudence, and to proclaim the candidate with the highest amended votes. The Special Provincial Board convened on October 3, 2022 and proclaimed Roel; he took his oath on October 4, 2022.
Subsequently, Teves filed a petition for certiorari (G.R. No. 262622) challenging the COMELEC En Banc’s nuisance finding and the crediting of Ruel’s votes; Ruel filed a separate certiorari petition (G.R. No. 262682) asserting grave abuse of discretion by COMELEC for, among others, ignoring a prejudicial pending COMELEC matter (Balasbas v. Degamo) and allegedly imposing financial-capacity standards. The Office of the Solicitor General, on behalf of the COMELEC, opposed dismissal and alternatively argued mootness given the proclamation and assumption of office but also defended the COMELEC’s rulings on the merits. Th...(Subscriber-Only)
Issues:
- Did the COMELEC commit grave abuse of discretion in declaring Grego "Ruel" G. Degamo a nuisance candidate and ordering that the votes cast for him be credited to Roel R. ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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