G.R. No. 136351 - Miranda vs. Abaya

1987 Philippine Constitution (Article II, Section 26 on political dynasties)
Omnibus Election Code:
• Section 73 (mandatory filing of certificate of candidacy)
• Section 74 (contents of certificate, including eligibility representation)
• Section 77 (substitution of candidates in cases of death, withdrawal, or disqualification)
• Section 78 (petition to deny due course or cancel certificate for false material representation)
1997 Rules of Civil Procedure, Rule 65 (certiorari for lack/excess of jurisdiction or grave abuse of discretion)

March 24, 1998 – Incumbent Mayor Jose “Pempe” Miranda filed his certificate of candidacy (COC) for a fourth consecutive term.
March 27, 1998 – Abaya filed SPA No. 98-019 to deny due course and/or cancel respondent’s COC, alleging false material representation of eligibility.
May 5, 1998 – COMELEC First Division “granted” the petition and “disqualified” Jose “Pempe” Miranda.
May 6, 1998 – Joel G. Miranda filed COC as substitute candidate under Section 77.
May 11, 1998 – Election day: Joel G. Miranda received 22,002 votes; Abaya, 20,336. Joel was proclaimed mayor.
May 13, 1998 – Abaya filed SPA No. 98-288 to nullify Joel’s substitution as void ab initio.
May 16, 1998 – COMELEC First Division dismissed SPA No. 98-288 motu proprio.
May 21, 1998 – Abaya moved for reconsideration of the dismissal.
December 8, 1998 – COMELEC En Banc granted reconsideration, annulled Joel’s election and proclamation, and ordered Abaya proclaimed.
December 9, 1998 – Joel petitioned the Supreme Court for certiorari and injunctive relief; TRO issued December 11, 1998.

Whether the COMELEC En Banc acted without or in excess of jurisdiction or with grave abuse of discretion in annulling Joel’s substitution and proclamation.
Whether the COMELEC En Banc committed grave abuse of discretion in ordering Abaya’s proclamation.

COMELEC has exclusive original jurisdiction over election contests.
Supreme Court review of COMELEC decisions is limited to certiorari under Rule 65: only for lack/excess of jurisdiction or grave abuse of discretion.
Jurisdiction (authority to hear) is distinct from exercise of jurisdiction (decision quality).

Substitution permitted only when an “official candidate” of a registered political party dies, withdraws, or is disqualified.
A candidate whose COC has been denied due course and cancelled under Section 78 is not an “official candidate” and may not be substituted (expressio unius est exclusio alterius).
Eiusdem generis and nemo dat quod non habet: one cannot substitute someone who never held a valid candidacy.

Section 73 mandates timely filing of a sworn COC as a condition of candidacy; late or cancelled COCs are void.
Votes cast for non-candidates (including those with cancelled COCs) are stray, void, and meaningless.
Certiorari may not remedy mere errors in judgment or interpretation of electoral rules.

Miranda falsely represented eligibility for a fourth consecutive term, violating Section 74 and statutory term limits (Local Government Code § 43(b) and Constitution Article X, § 8).
Under Section 78, petitions to cancel COCs alleging false material representation must be decided at least 15 days before election; granting such petition cancels the COC and extinguishes candidacy.

Grave abuse of discretion means capricious, whimsical exercise of judgment equivalent to lack of jurisdiction.
Errors of judgment or law do not amount to grave abuse and are not correctable by certiorari.
COMELEC En Banc’s decision in SPA No. 98-288 must stand unless shown to be arbitrary or despotic.

COMELEC First Division had validly cancelled Jose “Pempe” Miranda’s COC for false material representation.
Joel’s substitution was invalid beca

Jose “Pempe” Miranda, incumbent mayor of Santiago City, filed his certificate of candidacy for a fourth consecutive term on March 24, 1998
Antonio M. Abaya filed on March 27, 1998, SPA No. 98-019, a petition to deny due course to and/or cancel Jose Miranda’s certificate of candidacy on ground of material misrepresentation (ineligibility under term-limit provisions)
On May 5, 1998, Comelec First Division “granted the petition” and “disqualified” Jose Miranda from running for reelection, language later clarified as denial and cancellation of his candidacy
Joel G. Miranda, son of Jose Miranda, filed his certificate of candidacy on May 6, 1998, as a substitute under Section 77 of the Omnibus Election Code
In the May 11, 1998 election, Joel Miranda received 22,002 votes; private respondent Abaya received 20,336 votes
On May 13, 1998, Abaya filed SPA No. 98-288 to nullify Joel Miranda’s substitution as void ab initio and sought preliminary relief; Comelec First Division dismissed it motu proprio on May 16, 1998
Abaya moved for reconsideration; on December 8, 1998, Comelec En Banc granted reconsideration, annulled Joel Miranda’s election and proclamation, cancelled his certificate of canvass, and directed proclamation of Abaya

SPA No. 98-019: Petition to deny/cancel Jos e Miranda’s certificate of candidacy; resolved May 5, 1998, by First Division, no motion for reconsideration
SPA No. 98-288: Petition to nullify Joel Miranda’s substitution; dismissed May 16, 1998, by First Division; motion for reconsideration filed
Comelec En Banc, December 8, 1998: Reversed First Division in SPA 98-288, amended SPA 98-019 dispositive portion, annulled substitution, proclamation, and directed new canvass and proclamation
Joel Miranda petitioned the Supreme Court for certiorari under Rule 65 on December 9, 1998, praying for TRO and/or preliminary injunction; TRO issued December 11, 1998

Whether the annulment of Joel Miranda’s substitution and proclamation was issued without jurisdiction or with g