Case Summary (G.R. No. 205033)
Parties
Petitioner: Romeo G. Jalosjos.
Respondents: COMELEC En Banc; Maria Isabelle G. Climaco-Salazar; Roel B. Natividad; Arturo N. Onrubia; Ahmad Narzad K. Sampang; Jose L. Lobregat; Adelante Zamboanga Party; Elbert C. Atilano.
Key Dates
• November 16, 2001: Supreme Court convicts Jalosjos (People v. Jalosjos).
• April 30, 2007: Presidential commutation of sentence.
• March 18, 2009: Certificate of Discharge from Prison issued.
• April 26, 2012: Voter registration application denied.
• October 5, 2012: Certificate of Candidacy (CoC) filed for mayoralty.
• October 18 & 31, 2012: MTCC and RTC deny petition to include Jalosjos in voters’ list.
• January 15, 2013: COMELEC En Banc issues Resolution No. 9613 cancelling CoC.
Applicable Law
• 1987 Constitution, Article IX-C, Section 3 (COMELEC in banc vs. divisions).
• Omnibus Election Code (BP 881): Sections 12, 78, 138.
• Local Government Code (RA 7160): Section 40(a).
• Revised Penal Code (RPC): Articles 30, 32, 41.
Facts
Jalosjos was sentenced to reclusion perpetua and reclusion temporal, carrying the accessory penalty of perpetual absolute disqualification. His term was commuted and he was discharged in 2009. Denied voter registration in 2012 due to existing disqualification, he nonetheless filed a CoC for Zamboanga City mayor. The MTCC and RTC upheld his ineligibility and the COMELEC Divisions received petitions to cancel his CoC. The COMELEC En Banc, acting motu proprio, resolved to cancel his CoC on grounds of perpetual absolute disqualification and failure to register as voter.
Issues Presented
- Whether the COMELEC En Banc exceeded its jurisdiction and violated due process by issuing Resolution No. 9613 motu proprio.
- Whether Jalosjos’s perpetual absolute disqualification was removed by Section 40(a) of the Local Government Code.
Jurisdiction and Due Process
The court held that Resolution No. 9613 arose from COMELEC’s administrative, not quasi-judicial, function. Article IX-C, Section 3’s motion-for-reconsideration requirement applies solely to quasi-judicial proceedings. Enforcement of final judgments disqualifying a candidate is an administrative duty; no prior petition or hearing was required. Therefore, due process was satisfied by virtue of the underlying final conviction and the final RTC order on voter registration.
Administrative vs. Quasi-Judicial Function
In reliance on prior rulings (Jalosjos, Jr. & Cardino; Aratea), the court explained that cancellation of a CoC based on a conclusive, final conviction falls under COMELEC’s administrative mandate to enforce election laws. Quasi-judicial processes are reserved for cases requiring fact-finding and hearings; final convictions obviate such need.
Perpetual Absolute Disqualification
Under RPC Articles 30 and 41, perpetual absolute disqualification deprives a convict of the right to vote or run for office permanently, irrespective of commutation or pardon, unless expressly remitted. The accessory penalty attaches immediately upon final j
...continue readingCase Syllabus (G.R. No. 205033)
Background and Historical Facts
- Petition for certiorari filed under Rule 64 in relation to Rule 65 of the Rules of Court.
- Challenged COMELEC En Banc Resolution No. 9613 dated January 15, 2013.
- Resolution ordered denial of due course to and cancellation of petitioner’s Certificate of Candidacy (CoC) as mayoralty candidate of Zamboanga City.
Initial Conviction and Penalties
- November 16, 2001: Final judgment in People v. Romeo G. Jalosjos, G.R. Nos. 132875–76.
- Convicted of two counts of statutory rape and six counts of acts of lasciviousness.
- Sentenced to reclusion perpetua and reclusion temporal (indeterminate penalty of 12 years + 1 day to 15 years, 6 months, 20 days).
- Accessory penalty of perpetual absolute disqualification imposed under Article 41, Revised Penal Code (RPC).
Subsequent Commutation and Discharge
- April 30, 2007: Presidential order commuted prison term to 16 years, 3 months, 3 days.
- March 18, 2009: Issuance of Certificate of Discharge from Prison after service of commuted sentence.
Voter Registration and Inclusion Proceedings
- April 26, 2012: Petitioner applied to register as voter in Zamboanga City; denied due to perpetual absolute disqualification.
- Petition for Inclusion filed before MTCC Branch 1, Zamboanga City, to gain voter status.
- October 18, 2012: MTCC denied inclusion on account of perpetual absolute disqualification.
- October 31, 2012: RTC Branch 14 affirmed MTCC decision; decision immediately final and executory under Section 138, Omnibus Election Code (OEC).
Filing and Challenge of Certificate of Candidacy
- October 5, 2012: Petitioner filed CoC as mayor of Zamboanga City for May 13, 2013 elections, declaring eligibility and voter registration in Barangay Tetuan.
- Five petitions filed before COMELEC Divisions praying for denial of due course or cancellation of petitioner’s CoC.
- Pending division resolutions, COMELEC En Banc issued motu proprio Resolution No. 9613 (January 15, 2013), cancelling and denying due course to petitioner’s CoC.
- Grounds: perpetual absolute disqualification and failure to comply with voter reg