Case Summary (G.R. No. 188671)
Litigation Over Voter Registration
Velasco, originally naturalized as a U.S. citizen, reacquired Philippine citizenship under RA 9225 on July 31, 2006, and applied for voter registration in Sasmuan on October 13, 2006. The ERB denied his registration for lack of residency; the MTC reversed on February 9, 2007; the RTC reversed on March 1, 2007, concluding that Velasco abandoned Philippine domicile upon U.S. naturalization.
COC Cancellation and Proclamation Nullification
Despite the pending voter-inclusion dispute, Velasco filed his COC on March 28, 2007. Panlaqui sought cancellation of Velasco’s COC for material misrepresentation. After Velasco’s May 2007 electoral victory, the Comelec First Division found material misrepresentation in his voter status, canceled his COC on July 6, 2007, and nullified his proclamation on October 15, 2007. This Court affirmed those resolutions in G.R. No. 180051 (December 24, 2008).
Denial of Motion for Proclamation
Panlaqui moved for proclamation as the rightful mayor but the Comelec En Banc denied it, holding that Velasco’s disqualification was not final before election day; therefore, Panlaqui remained a second placer and succession did not apply.
Reliance on Cayat Doctrine
Panlaqui urged application of Cayat v. Commission on Elections (G.R. No. 163776, April 24, 2007), where the Court directed proclamation of a sole remaining candidate because the first placer’s disqualification became final before the election, leaving the petitioner as the only candidate, not a second placer.
Distinguishing Voter Inclusion from COC Proceedings
The Court emphasized that voter-inclusion/exclusion and COC denial/cancellation are distinct proceedings under the Comelec Rules. Voter-inclusion proceedings determine eligibility to vote; COC cancellation proceedings determine material misrepresentation in candidacy. A final decision in a voter-inclusion case does not equate to a final disqualification in a candidacy case.
Rejection of Disqualification Theory
The Court rejected Panlaqui’s argument that the RTC’s March 1, 2007 voter-inclusion decision constituted a final dis
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Procedural Background
- The petition arises from a certiorari action filed by Mozart P. Panlaqui (Panlaqui) against the Commission on Elections (Comelec) En Banc Resolution of June 17, 2009 denying his motion for proclamation.
- The motion for proclamation sought to install Panlaqui as mayor of Sasmuan, Pampanga after this Court’s affirmation in G.R. No. 180051 of the nullification of Nardo M. Velasco’s (Velasco) proclamation.
- Velasco moved for consolidation of Panlaqui’s petition with his own petition in G.R. No. 189336, but that petition was already dismissed by this Court on October 6, 2009.
Statement of Facts
- Nardo M. Velasco was born in Sasmuan, Pampanga on June 22, 1952 and married in 1975.
- He emigrated to the United States in 1983, naturalized as a U.S. citizen, and subsequently applied for dual Philippine citizenship under Republic Act No. 9225.
- His application for dual citizenship was approved on July 31, 2006, he took his oath the same day, and returned to the Philippines on September 14, 2006.
- On October 13, 2006, Velasco applied to register as a voter in Sasmuan; the Election Registration Board (ERB) denied his application.
- Velasco filed a petition before the Municipal Trial Court (MTC) of Sasmuan, which reversed the ERB’s denial by Decision dated February 9, 2007 and ordered his inclusion in the voters’ list.
- On appeal, the Regional Trial Court (RTC) of Guagua, Pampanga, by Decision of March 1, 2007, reversed the MTC, finding Velasco ineligible to vote for failure to meet residency requirements.
- Velasco elevated the matter via Rule 42 to the Court of Appeals, which dismissed his appeal for lack of jurisdiction by Amended Decision of August 19, 2008.
- Meanwhile, on March 28, 2007, Velasco filed his Certificate of Candidacy (COC) for mayor, claiming to be a registered voter.
Election and Comelec Proceedings
- In May 2007 elections, Velasco w