Case Summary (G.R. No. 255466)
Petition to Cancel Certificate of Candidacy
On December 5, 2009, Castillo filed SPA 09-029 (DC) with the COMELEC, praying to deny due course to or cancel Ramon’s December 1, 2009 Certificate of Candidacy (COC) on the ground that Ramon had already served three consecutive mayoral terms (2001–2004, 2004–2007, 2007–2010).
Supreme Court Ruling and Manifestation of Disqualification
On December 23, 2009, the Supreme Court in Aldovino Jr. v. COMELEC held that preventive suspension does not interrupt service for purposes of the three-term limit. On December 30, 2009, Ramon filed a “Manifestation with Motion to Resolve,” acknowledging his ineligibility under the three-term rule and submitting the petition for final resolution.
COMELEC First Division Disqualification
On April 19, 2010, the COMELEC First Division granted Castillo’s SPA 09-029 (DC) petition, declaring Ramon disqualified from running for Mayor in the May 10, 2010 election.
Withdrawal of Reconsideration and Substitution Filing
Ramon filed a motion for reconsideration on April 21, 2010, but on May 4, 2010 at 9:00 a.m. he filed an ex parte manifestation withdrawing that motion. At 4:30 p.m. on the same day, Barbara Ruby submitted her COC and Certificate of Nomination and Acceptance (CONA) as Ramon’s substitute under Section 77 of the Omnibus Election Code.
COMELEC En Banc Interim Orders
On May 5, 2010, the COMELEC En Banc “noted” Ramon’s withdrawal of reconsideration and declared the April 19 disqualification resolution final and executory. On May 13, 2010, it gave due course to Barbara Ruby’s substitution through Resolution 8917, directing her inclusion in the official candidate list.
Automated Elections and Proclamation
On election day, May 10, 2010, ballots still bore Ramon’s name; votes cast for Ramon were credited to Barbara Ruby, who received 44,099 votes against Castillo’s 39,615. The City Board of Canvassers proclaimed Barbara Ruby as Mayor that same day.
Petition for Annulment and COMELEC Second Division Ruling
On May 20, 2010, Castillo filed SPC 10-024 to annul Barbara Ruby’s proclamation, arguing that Ramon’s COC had been canceled and that her substitution occurred after the elections. Roderick Alcala moved to intervene, claiming he should succeed as Mayor. On January 11, 2011, the COMELEC Second Division dismissed Castillo’s petition and Alcala’s intervention, upholding Resolution 8917 as final and executory and finding no ground to cancel Ramon’s COC.
COMELEC En Banc Reversal (May 20, 2011)
Upon reconsideration, the COMELEC En Banc reversed the Second Division:
- Resolution 8917 was issued without hearing and on erroneous facts (Barbara Ruby filed on May 4, not May 5).
- Ramon’s disqualification became final only on May 5, 2010, after Barbara Ruby’s substitution, rendering her substitution invalid.
- Barbara Ruby’s COC and proclamation were annulled, creating a permanent vacancy.
- Vice-Mayor Alcala was ordered to succeed as Mayor under Section 44 of the LGC.
Issue Presented
Whether Barbara Ruby validly substituted for Ramon as mayoral candidate, and, if not, who should assume the office of Mayor of Lucena City.
Ruling on Certificate of Candidacy and Substitution
The Court held:
- Valid substitution under Section 77 of the OEC requires a cand
Case Syllabus (G.R. No. 255466)
Antecedents
- On November 26 and December 1, 2009, Ramon Y. Talaga and Philip M. Castillo respectively filed Certificates of Candidacy (CoCs) for Mayor of Lucena City in the May 10, 2010 elections.
- Castillo challenged Talaga’s CoC on December 5, 2009 (SPA 09-029), alleging Talaga had already served three consecutive terms and was constitutionally ineligible for a fourth.
- Talaga countered that his two preventive suspensions by the Sandiganbayan interrupted his terms, citing Comelec’s Aldovino v. Asilo ruling.
- On December 23, 2009 the Supreme Court reversed Aldovino, holding preventive suspension does not interrupt the three-term limit.
- On December 30, 2009 Talaga filed a Manifestation with Motion to Resolve in SPA 09-029 acknowledging his disqualification and praying for a ruling.
- Comelec First Division on April 19, 2010 granted Castillo’s petition and disqualified Talaga from running for Mayor in 2010.
- Talaga filed a motion for reconsideration on April 21, 2010 but withdrew it ex parte on May 4, 2010 at 9 a.m.
- At 4:30 p.m. on May 4, 2010 Talaga’s wife, Barbara Ruby Talaga, filed her CoC as his substitute, attaching a party Nomination and Acceptance.
- Comelec en banc on May 5, 2010 declared the First Division’s April 19 resolution final and executory.
- Election day on May 10, 2010 proceeded with Talaga’s name on the ballots; votes for him were credited to Barbara Ruby, who tallied 44,099 votes against Castillo’s 39,615.
- Castillo filed before the City Board of Canvassers (May 11, 2010) to suspend Barbara Ruby’s proclamation.
- On May 13, 2010 Comelec en banc, via Resolution 8917, gave due course to Barbara Ruby’s CoC and directed her inclusion in the certified list.
- The Board of Canvassers proclaimed Barbara Ruby Mayor of Lucena City on May 13, 2010.
- Castillo petitioned Comelec (SPC 10-024) on May 20, 2010 to annul Barbara Ruby’s proclamation, claiming her substitution was invalid.
- Vice-Mayor Roderick Alcala moved to intervene (July 26, 2010), asserting he should succeed as Mayor if Barbara Ruby’s substitute candidacy failed.
Proceedings Before the Commission on Elections
- SPA 09-029: Castillo’s petition under Section 78 (cancel or deny due course to CoC) argued Talaga’s three-term service rendered his CoC false.
- Talaga’s Motion for Reconsideration (April 21, 2010) was withdrawn (May 4, 2010).
- First Division’s April 19, 2010 resolution disqualified Talaga; Comelec en banc affirmed its finality on May 5, 2010.
- Resoluti