Case Summary (G.R. No. 120905)
Petitioner and Respondent
Renato U. Reyes is the petitioner in G.R. No. 120905, contesting his disqualification from local office and the cancellation of his certificate of candidacy. Julius O. Garcia, the petitioner in G.R. No. 120940, seeks to be proclaimed the elected mayor of Bongabong, arguing for his eligibility following Reyes's disqualification.
Key Dates
- May 11, 1992: Reyes was elected mayor.
- October 26, 1994: An administrative complaint was filed against Reyes.
- February 6, 1995: Reyes was found guilty by the Sangguniang Panlalawigan.
- March 8, 1995: Reyes filed his certificate of candidacy for reelection.
- May 8, 1995: Elections took place.
- May 9, 1995: COMELEC issued a resolution disqualifying Reyes.
- July 3, 1995: COMELEC en banc denied Reyes's motion for reconsideration.
Applicable Law
The case concerned the interpretation of the Local Government Code of 1991 (R.A. No. 7160), particularly Section 40(b), which disqualifies individuals removed from office as a result of an administrative case from running for elective local positions.
Procedural Background
Reyes's administrative issues stemmed from allegations concerning misconduct, including financial irregularities and misappropriation. An administrative complaint culminated in a resolution for his removal from office. Despite this resolution, Reyes filed a certificate of candidacy for the May 1995 elections, leading to contested legal proceedings when COMELEC declared him disqualified based on the earlier administrative decision.
Service of Decision and Finality
Reyes contended that he had not received the Sangguniang Panlalawigan's decision, asserting that the decision was not final. However, evidence indicated that attempts were made to serve the decision, which he and his counsel refused to accept. The court found that service was valid as per civil procedure rules, concluding that the decision became final 30 days subsequent to the service attempts despite Reyes’s non-acceptance.
Reelection and Disqualification
Reyes argued that his reelection barred his disqualification, citing Aguinaldo v. Santos, which held that a public official could not be removed for misconduct committed during a prior term if reelected. The court, however, distinguished this case, referencing that Reyes’s administrative decision became final before the elections, thus validating his disqualification.
Garcia's Petition
Julius O. Garcia, having secured the second-highest votes, sought to be declared the elected mayor following Reyes's disqualification. The court re
...continue readingCase Syllabus (G.R. No. 120905)
Case Overview
- This case involves two special civil actions for certiorari, G.R. No. 120905 and G.R. No. 120940, which were resolved by the Supreme Court on March 7, 1996.
- The first petition (G.R. No. 120905) was filed by Renato U. Reyes, who sought to annul the Commission on Elections' (COMELEC) decision disqualifying him from running for mayor and cancelling his certificate of candidacy.
- The second petition (G.R. No. 120940) was filed by Julius O. Garcia, seeking to be proclaimed the mayor of Bongabong, Oriental Mindoro, due to Reyes' disqualification.
Background Facts
- Renato U. Reyes was the incumbent mayor of Bongabong, Oriental Mindoro, having been elected on May 11, 1992.
- An administrative complaint was filed against him on October 26, 1994, alleging misconduct including extortion from market stall holders, mishandling of checks, and misappropriation of cattle.
- The Sangguniang Panlalawigan found Reyes guilty and ordered his removal from office on February 6, 1995.
- Reyes attempted to challenge the proceedings in the Regional Trial Court, leading to a temporary restraining order on February 7, 1995.
- Attempts to serve the removal decision to Reyes were unsuccessful as both he and his counsel refused to accept it.
COMELEC's Resolution
- On May 9, 1995, despite Reyes’ disqualification due to the administrative case, he was proclaimed the duly-elected mayor by the Municipal Board of Canvassers.
- The CO