Title
Aggabao vs. Commission on Elections
Case
G.R. No. 258456
Decision Date
Jul 26, 2022
COMELEC declared Navarro independent due to Ayson's disputed CONA, denied Aggabao's substitution; SC ruled COMELEC abused discretion, violated due process.
grave abuse of discretion
denial of substitution
notice and hearing

Case Summary (G.R. No. 258456)

Factual Background

On October 4, 2021, Amelita S. Navarro filed a certificate of candidacy (COC) for Mayor of Santiago City, Isabela, declaring nomination by Partido para sa Demokratikong Reporma (Partido Reporma) and attaching a notarized Certificate of Nomination and Acceptance (CONA) dated September 23, 2021 and signed by Senator Panfilo M. Lacson. On October 8, 2021, Christopher G. Ayson likewise filed a COC for the same mayoralty position and submitted a CONA he claimed bore Senator Lacson’s signature. Senator Lacson then sent the COMELEC Law Department letters dated November 6 and December 2, 2021, together with a notarized certification, disavowing any CONA in favor of Ayson and affirming that Navarro was the party’s official mayoral candidate for purposes of the May 9, 2022 elections. On November 9, 2021, Navarro withdrew her mayoral COC to run for Vice-Mayor and indicated that Giorgidi B. Aggabao would substitute for her; Aggabao filed his COC on the same date with a CONA dated November 8, 2021 signed by Senator Lacson.

COMELEC Administrative Responses

By Document No. 21-3973 dated November 10, 2021, the COMELEC Law Department informed Navarro that she was deemed an independent candidate pursuant to Section 15 of COMELEC Resolution No. 10717, which provides that a party that nominates more than the number of candidates required to be voted for for a position shall have all such nominations denied and the aspirants declared independent candidates. Thereafter the COMELEC En Banc, by Document No. 21-7467 dated December 22, 2021, maintained Navarro’s status as independent and advised that Aggabao’s COC as her substitute could not be given due course. The COMELEC posted a certified list on December 23, 2021 which listed Ayson as an independent mayoral candidate and placed Navarro under the Vice-Mayor column. Finally, Document No. 22-0176 dated January 5, 2022 denied Aggabao’s motion for reconsideration and characterized his pleading as prohibited under Rule 13, Section 1(d) of the COMELEC Rules of Procedure.

Petition and Relief Sought

Petitioners filed a petition for certiorari under Rule 64 of the Rules of Court seeking the nullification of Document No. 21-3973 (Nov. 10, 2021), Document No. 21-7467 (Dec. 22, 2021), and Document No. 22-0176 (Jan. 5, 2022). They also prayed for injunctive relief to prevent Aggabao’s exclusion from the ballot pending final resolution and sought admission of Aggabao’s COC as Navarro’s substitute. The petition alleged grave abuse of discretion by the COMELEC for declaring Navarro an independent candidate and for denying due course to Aggabao’s substitution, and asserted that Senator Lacson’s repeated disavowals showed Ayson’s CONA to be fake.

The COMELEC’s Position in the Proceedings

The COMELEC, through the Office of the Solicitor General, maintained that it received two COCs with attached CONAs purporting to be issued by Partido Reporma for the same mayoralty post and that it acted pursuant to Section 15 of COMELEC Resolution No. 10717 in declaring both Navarro and Ayson independent. The COMELEC relied on the ministerial duty to receive and acknowledge COCs and CONAs when filed in due form under Section 76 of the Omnibus Election Code and Section 32 of Resolution No. 10717, and it argued that substitution is not permitted where the original candidate is treated as independent under Section 40 of Resolution No. 10717 and Section 77 of the Omnibus Election Code. The COMELEC also contended that the CONAs were notarized and entitled to a presumption of regularity and asked the Court to lift the TRO.

Interim Injunction and COMELEC’s Compliance Explanation

The Court issued a temporary restraining order on January 25, 2022 enjoining the COMELEC from enforcing Document No. 21-7467. The COMELEC nonetheless proceeded with preparatory election activities and later explained that it had adopted a practical cut-off for ballot finalization because the generation of the final ballot face templates occurred on January 9, 2022 and the loading and serialization processes commenced on January 15, 2022. The COMELEC asserted that the TRO reached it only on January 25, 2022, by which time the ballot-preparation processes had become technically irreversible and any alteration would have jeopardized timely conduct of the May 9, 2022 elections.

Mootness of the Petition and the Exception to Dismissal

The Court recognized that the May 9, 2022 elections concluded and that a mayoralty winner was proclaimed, which rendered the petition moot insofar as petitioners sought admission of Aggabao’s COC and inclusion on the ballot. The Court nonetheless exercised its discretion to decide the case under the exception that applies where the issues are capable of repetition yet evade review and where the formulation of controlling principles is necessary to guide future conduct. The Court found that the underlying conduct of the COMELEC—failing to resolve conflicting CONAs and to afford hearing when a party disavows a nomination—was the type of practice likely to recur and to evade review unless addressed.

Legal Framework on COMELEC Powers and Duties

The Court restated that under Article IX-C of the 1987 Constitution, the COMELEC exercises administrative, quasi-legislative, and quasi-judicial powers. Its ministerial duty to receive and acknowledge COCs and CONAs is anchored in Section 76 of the Omnibus Election Code and Section 32 of Resolution No. 10717. At the same time, the COMELEC is the exclusive original tribunal for pre-proclamation controversies and contestations affecting elections, returns, and qualifications, and in that adjudicatory role it must investigate facts, receive and weigh evidence, hold hearings, and render conclusions. The Court relied on established precedents including Bedol v. COMELEC, Francisco v. COMELEC, Cipriano v. COMELEC, Engle v. COMELEC, and related authorities to articulate these principles.

Findings on the Nature of COMELEC’s Acts in This Case

The Court found that the COMELEC’s initial reception of Ayson’s and Navarro’s COCs and their attached CONAs was a ministerial act that it properly performed because the documents appeared regular on their faces and were notarized. However, upon receipt of Senator Lacson’s letters and certification disavowing Ayson’s CONA and affirming Navarro’s endorsement, a factual controversy arose that required the COMELEC to exercise its quasi-judicial powers. The COMELEC should have referred the matter to one of its divisions for a summary hearing, afforded notice to affected parties, received evidence, and drawn factual conclusions before canceling or declaring candidacies. Instead, the COMELEC relied on the Law Department’s recommendation and the En Banc cleared actions without first conducting division-level proceedings. The Court held that this omission constituted grave abuse of discretion.

Due Process and the Court’s Limitations as Fact-Finder

The Court emphasized that the shortage of procedural safeguards deprived affected persons and the party of an opportunity to be heard. Because the COMELEC did not conduct hearings or weigh evidence at the division level, the Supreme Court could not act as a trier of facts to determine which CONA was genuine or whether Aggabao validly substituted Navarro. The Court reiterated that adjudicatory proceedings denying due course to or cancelling COCs call for notice and hearing before a COMELEC division, with motions for reconsideration to be resolved en banc, as required by precedent.

Ruling and Relief Granted

The Court partly granted the petition. It nullified and set aside Document No. 21-3973 dated November 10, 2021; Document No. 21-7467 dated December 22, 20

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