Case Summary (G.R. No. 193237)
Key Dates
– January 23, 2004: Jalosjos obtains an RTC order declaring compliance with probation.
– September 29, 2008: Sandiganbayan convicts Parole Administrator Bacolod for falsifying the probation certification.
– May 10, 2010: Elections held; COMELEC First Division cancels Jalosjos’s Certificate of Candidacy (COC).
– August 11, 2010: COMELEC en banc denies Jalosjos’s motion for reconsideration and orders succession under the Local Government Code.
– August 25 & September 17, 2010: Jalosjos and Cardino file separate certiorari petitions with the Supreme Court.
– February 22, 2011: Supreme Court dismisses Jalosjos’s petition (G.R. No. 193237).
– October 9, 2012: Supreme Court issues final decision, consolidating both cases.
Applicable Law
– 1987 Philippine Constitution, Art. IX-C, Sec. 2(1): COMELEC duty to “enforce and administer all laws and regulations relative to the conduct of elections.”
– Omnibus Election Code (B.P. 881), Sections 12 (disqualifications), 68 (election offenses), 74 (contents of COC), 78 (grounds for COC cancellation), 253 (quo warranto).
– Republic Act No. 7160 (Local Government Code), Sections 39 (qualifications), 40 (local disqualifications), 44 (suspension and succession).
– Revised Penal Code, Articles 27, 30–32, 42: accessory penalties of disqualification accompanying prision mayor.
Factual Background
In 1970, Jalosjos was convicted of robbery and sentenced to an indeterminate term ranging from prision correccional to prision mayor. His appeal was dismissed in 1973. In 1985 he petitioned for probation, which the RTC granted. In 1987, his probation officer successfully moved for its revocation by reason of non-compliance. A warrant of arrest issued upon revocation remained unserved. In 2003 Jalosjos procured a certification from Parole Administrator Bacolod falsely attesting compliance with probation conditions. In 2004 the RTC, relying on that certification, ordered his probation considered fulfilled. The COMELEC twice denied private disqualification petitions against him in 2004 and 2006. In 2008 the Sandiganbayan convicted Bacolod for falsification for issuing the December 19, 2003 certification.
Procedural History
– December 6, 2009: Cardino files a petition under Section 78 of the OEC to cancel Jalosjos’s COC on the ground of material misrepresentation of eligibility.
– May 10, 2010: COMELEC First Division grants the petition, finding Jalosjos was disqualified under Section 40(a) of the LGC due to an unserved robbery sentence and fraudulent probation compliance.
– May 10, 2010: Elections held; Jalosjos declared winner and proclaimed Mayor.
– August 11, 2010: COMELEC en banc denies his motion for reconsideration and orders succession under the LGC.
– August 25 & September 17, 2010: Jalosjos (G.R. No. 193237) and Cardino (G.R. No. 193536) file certiorari petitions with the Supreme Court.
– February 22, 2011: Supreme Court dismisses G.R. No. 193237; later consolidates both cases.
Issues for Resolution
- Whether Jalosjos was legally disqualified from running for Mayor by reason of his unserved robbery conviction and revoked probation, and whether his COC was void ab initio.
- Whether the COMELEC committed grave abuse of discretion in ordering succession under the Local Government Code rather than proclaiming Cardino, the second-placer.
Legal Framework on Eligibility and Disqualification
Under Section 39 of the LGC, local elective officials must satisfy citizenship, residency and age requirements. Section 74 of the OEC requires each COC to state, under oath, one’s eligibility for office. Section 78 authorizes cancellation of a COC on proof of a false material representation in the COC’s statements of eligibility. Separately, Section 40(a) of the LGC and Section 12 of the OEC disqualify anyone “sentenced by final judgment for an offense involving moral turpitude” from candidacy unless five years after serving sentence have elapsed or a plenary pardon is granted. Section 68 covers election-related misconduct.
Perpetual Special Disqualification under the Revised Penal Code
A sentence of prision mayor carries, by operation of law, accessory penalties of temporary absolute disqualification (loss of right to vote or be elected during the sentence) and perpetual special disqualification from the right of suffrage and to hold office (RPC Arts. 30, 32, 42). Perpetual special disqualification takes effect once conviction is final and is independent of any service of sentence or probation.
Material Misrepresentation in Certificate of Candidacy
Jalosjos filed his COC declaring under oath that he was eligible for mayor. Having been previously convicted of robbery with the sentence accessory penalties intact, he lacked eligibility. His representation was therefore materially false. Section 78 of the OEC was properly invoked to cancel his COC as void ab initio.
Cancellation of Certificate of Candidacy Ab Initio
A COC void ab initio cannot give rise to a valid candidacy or valid votes. All votes cast for a non-candidate are stray. Consequently, Cardino—being the only qualified candidate—actually received the hig
Case Syllabus (G.R. No. 193237)
Facts
- Dominador G. Jalosjos, Jr. and Agapito J. Cardino were rival candidates for Mayor of Dapitan City in the May 10, 2010 elections; Jalosjos was seeking a third term.
- On December 6, 2009, Cardino filed a petition under Section 78 of the Omnibus Election Code (OEC) to deny due course to and cancel Jalosjos’s certificate of candidacy (COC), alleging a false material representation of eligibility.
- Cardino’s petition pointed to Jalosjos’s 1970 final conviction for robbery, sentenced to prisión correccional minimum to prisión mayor maximum, and his failure to serve any portion of that sentence.
- Jalosjos admitted the conviction but claimed he had been granted probation; Cardino countered that the Regional Trial Court (RTC) revoked that probation on March 19, 1987.
- Jalosjos relied on an RTC order dated February 5, 2004 declaring probation completed, supported by a December 19, 2003 certification from Probation Administrator Gregorio Bacolod.
- In September 2008 the Sandiganbayan found Bacolod guilty of falsifying that certification, concluding Jalosjos never served his sentence.
- On May 10, 2010, the COMELEC First Division granted Cardino’s petition and cancelled Jalosjos’s COC for false material representation and disqualification under Section 40(a) of the Local Government Code (LGC).
- The COMELEC en banc on August 11, 2010 denied Jalosjos’s motion for reconsideration, ordered him ousted as mayor, and directed application of LGC succession rules.
- Jalosjos filed a petition for certiorari in the Supreme Court (G.R. No. 193237); Cardino filed his own petition (G.R. No. 193536). On February 22, 2011 the Court dismissed Jalosjos’s petition and affirmed the COMELEC resolutions.
- Jalosjos later resigned as mayor effective April 30, 2012; Vice Mayor Patri Bajamunde-Chan assumed office pending final disposition of these cases.
Issues
- Did the COMELEC commit grave abuse of discretion by:
• Ruling that Jalosjos’s probation had been validly revoked and that he remained disqualified under Section 40(a) of the LGC?
• Cancelling Jalosjos’s COC for false material representation without finding deliberate intent, given his claimed good-faith reliance on earlier COMELEC eligibility rulings?
• Issuing the May 10 and August 11, 2010 resolutions in violation of its own procedural rules? - Did the COMELEC exceed its jurisdiction by directing application of LGC succession rules to fill the mayoral vacancy, and if so, who is the rightful mayor following Jalosjos’s disqualification?
Law on Cancellation of Certificate of Candidacy (Section 74 & 78, OEC)
- Section 74 OEC lists the facts every COC must state under oath, including the candidate’s declaration that he “is eligible” for the office sought.
- Section 78 OEC provides that any material representation in a COC that is fa