CASE DIGEST: Rev. Fr. Cayat v. Commission on Elections

 


REV. FR. NARDO B. CAYAT, petitioner, vs. COMMISSION ON ELECTIONS (FIRST DIVISION), COMMISSION ON ELECTIONS (EN BANC), and THOMAS R. PALILENG, SR., respondents.
G.R. No. 163776. April 24, 2007.

 

ACTION: Petition for disqualification

GROUNDS: Misrepresentation in his COC and perjury; Cayat has been convicted by final judgment for the crime of Forcible Acts of Lasciviousness

FACTS:

Cayat and Palileng were the only candidates for the mayoralty post in Buguias, Benguet in the May 10, 2004 local elections. Cayat filed his certificate of candidacy on January 5,2004. On 26 January 2004, Palileng filed a petition for disqualification against Cayat before the COMELEC Regional Election Office alleging that Cayat is not eligible to run as Mayor having been convicted by final judgment for the crime of Forcible Acts of Lasciviousness. Palileng further alleged that Cayat made misrepresentations and committed acts of perjury when he declared that he is eligible for the said office while in truth and in fact, he was convicted in the abovementioned Criminal Complaint.

The COMELEC ruled that since Palilineg seeks to disqualify Cayat for material misrepresentation in his certificate of candidacy, the petition should have been a petition to deny due course or to cancel certificate of candidacy which should have been filed within five (5) days from the last day of filing certificates of candidacy. Obviously, a petition to deny due course could no longer be filed at the time the petition was received. However, it is important that the petition alleged the disqualification of the respondent by reason of his conviction of a criminal offense, which is the main reason why the petitioner filed this case. On this note, the applicable provision of law is now Sec. 40(a) of R.A. 7160 otherwise known as the Local Government Code. The crime of Forcible Acts of Lacsiviousness to which Cayat was convicted by final judgment is a crime involving moral turpitude hence, it is recommended that Cayat be disqualified from running as Mayor of the Municipality of Buguias, Benguet.

The COMELEC consequently cancelled Cayat’s certificate of Candidacy.

Cayat filed a motion for reconsideration before the COMELEC En Banc on 16 April 2004. The COMELEC First Division dismissed Cayat’s motion for reconsideration for failure to pay the required filing fee.

In the local elections held on 10 May 2004, Cayat’s name remained on the COMELEC’s list of candidates. In the Certificate of Canvass of Votes dated 12 May 2004, Cayat received 8,164 votes. Palileng, on the other hand, received 5,292 votes. Cayat was thus proclaimed the duly elected Mayor of Buguias, Benguet. Cayat took his oath of office on 17 May 2004.

Cayat received the COMELEC First Division’s order denying his motion for reconsideration on May 13, 2004. On May 26, 2004, Cayat filed a petition for certiorari before the SC.

Pending the resolution of the resolution of Cayat’s petition before the SC, Paliling filed a petition for annulment of proclamation with a prayer for the issuance of an injunctive relief against the MBOC of Buguias and Cayat before the COMELEC Second Division. The COMELEC Second Division dismissed Palileng’s petition pursuant to COMELEC Omnibus Resolution No. 7257. Resolution No. 7257 enumerated the cases which survived from among those filed before the Clerk of the COMELEC in the 10 May 2004 elections and which required proceedings beyond 30 June 2004.

Pending Resolution of the aforementioned COMELEC case, Paliling also filed a motion for execution of judgment for the cancellation of Cayat’s certificate of candidacy. The COMELEC First Division granted the motion for execution and disposed of the case.

Cayat filed an omnibus motion before the COMELEC First Division praying for COMELEC to recall the order of execution and for the suspension of further proceedings while the resolution of the case filed before the SC is still pending.

Bayacsan, elected Vice-Mayor of Buguias, Benguet, filed his petition-in-intervention before the SC. For his part, Bayacsan prayed that proclamation be nullified and that he be declared as the rightful Mayor of Buguias, Benguet.

ISSUE:

Whether or not Palileng should be declared as Mayor of Buguias, Benguet

RULING:

The COMELEC First Division’s Resolution cancelling Cayat’s certificate of candidacy due to disqualification became final and executory on 17 April 2004 when Cayat failed to pay the prescribed filing fee. Thus, Palileng was the only candidate for Mayor of Buguias, Benguet in the 10 May 2004 elections. Twenty–three days before election day, Cayat was already disqualified by final judgment to run for Mayor in the 10 May 2004 elections. As the only candidate, Palileng was not a second placer. On the contrary, Palileng was the sole and only placer, second to none. The doctrine on the rejection of the second placer, which triggers the rule on succession, does not apply in the present case because Palileng is not a second-placer but the only placer.

Consequently, Palileng’s proclamation as Mayor of Buguias, Benguet is beyond question.

There are specific requirements for the application of the doctrine on the rejection of the second placer. The doctrine will apply in Bayacsan’s favor, regardless of his intervention in the present case, if two conditions concur: (1) the decision on Cayat’s disqualification remained pending on election day, 10 May 2004, resulting in the presence of two mayoralty candidates for Buguias, Benguet in the elections; and (2) the decision on Cayat’s disqualification became final only after the elections.

In the present case, Cayat was disqualified by final judgment 23 days before the 10 May 2004 elections. On election day, Cayat was no longer legally a candidate for mayor. In short, Cayat’s candidacy for Mayor of Buguias, Benguet was legally non-existent in the 10 May 2004 elections.

The law expressly declares that a candidate disqualified by final judgment before an election cannot be voted for, and votes cast for him shall not be counted.

Cayat’s proclamation on 12 May 2004 is void because the decision disqualifying Cayat had already become final on 17 April 2004. There is no longer any need to ascertain whether there was actual knowledge by the voters of Cayat’s disqualification when they cast their votes on election day because the law mandates that Cayat’s votes “shall not be counted.” There is no disenfranchisement of the 8,164 voters. Rather, the 8,164 voters are deemed by law to have deliberately voted for a non-candidate, and thus their votes are stray and “shall not be counted.”

To allow a candidate disqualified by final judgment 23 days before the elections to be voted for and have his votes counted is a blatant violation of a mandatory provision of the election law. It creates confusion in the results of the elections and invites needless new litigations from a candidate whose disqualification had long become final before the elections. The doctrine on the rejection of the second place was never meant to apply to a situation where a candidate’s disqualification had become final before the elections.


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