Beruflich Dokumente
Kultur Dokumente
COMELEC
Held:
Facts: Petitioner Dumayas and respondent Bernal were rival candidates for
the position in Mayor of Carles, Iloilo in the May 1998 synchronized elections.
During the canvassing by the MBC, petitioner sought the exclusion of
election returns for 3 precincts of Barangay Pantalan owing to alleged acts of
terrorism, intimidation and coercion committed in said precincts during the
casting and counting of votes. The MBC denied petitioners objections and
proceeded with the canvass which showed respondent Bernal garnering
more votes than the petitioner.
The filing of an election protest or a petition for quo warranto precludes the
subsequent filing of a pre-proclamation controversy or amounts to the
abandonment of one earlier filed, thus depriving the COMELEC of the
authority to inquire into and pass upon the title of the protestee or the validity
of his proclamation. The reason for this rule is that once the competent
tribunal has acquired jurisdiction of an election protest or a petition for quo
warranto, all questions relative thereto will have to be decided in the case
itself and not in another proceeding, so as to prevent confusion and conflict
of authority.
COMELEC
Chrisma
filed
her
Luna
certificate
Candidacy
of
as
candidate
for
the
Hans
2004
Roger
for
elections
a
Lagayan
However,
Abra.
Tomas
Layao
together
others
disqualification
filed
a
petition
her
against
registered
voter
not
Bangued
Lagayan
and
Furthermore
can
be
no
since
Hans
sought
substituted
to
was
only
20
years
of
the
election.
ruled
favor
of
the
case.
this
petition.
Hence,
grave
committed
abuse
of
it
ruled
that
there
valid
was
no
Roger.
a
substitution
valid
.by
The
may
COMELEC
not,
without
the
proceedings,
proper
deny
to
or
due
course
candidacy
in
due
form.
filed
In
Sanchez
v.
that
Court
the
question
eligibility
of
or
non-age
beyond
the
is
usual
and
cognizance
COMELEC
of
candidate
for
the
COMELEC
Chrisma
filed
her
Luna
Candidacy
as
Hans
2004
Roger
for
elections
a
Lagayan
However,
Abra.
Tomas
Layao
together
others
disqualification
filed
a
petition
her
against
registered
voter
not
Bangued
Lagayan
and
Furthermore
can
be
no
since
Hans
sought
substituted
to
was
only
20
years
of
the
election.
ruled
favor
of
the
case.
this
petition.
Hence,
grave
committed
abuse
of
it
ruled
that
there
valid
was
no
Roger.
a
substitution
valid
.by
The
may
COMELEC
not,
without
the
proceedings,
proper
deny
to
or
due
course
certificate
of
candidacy
in
due
form.
filed
In
Sanchez
v.
that
Court
the
question
eligibility
of
or
non-age
beyond
the
is
usual
and
cognizance
COMELEC
of
the
candidate
for
LUNA v COMELEC
The COMELEC First Division granted the petition and denied due course to
the substitution of Luna for Hans Roger. The COMELEC First Division ruled
that, while Luna complied with the procedural requirements for substitution,
Hans Roger was not a valid candidate for vice-mayor. The COMELEC First
Division pointed out that Hans Roger, being underage, did not file a valid
certificate of candidacy and, thus, Hans Roger was not a valid candidate for
vice-mayor who could be substituted by Luna. The COMELEC First Division
also ruled that Luna was not a registered voter of Lagayan, Abra and that this
was sufficient to disqualify Luna from running as vice-mayor.
In this case, there was no petition to deny due course to or cancel the
certificate of candidacy of Hans Roger. The COMELEC only declared that
Hans Roger did not file a valid certificate of candidacy and, thus, was not a
valid candidate in the petition to deny due course to or cancel Luna's
certificate of candidacy. In effect, the COMELEC, without the proper
proceedings, cancelled Hans Roger's certificate of candidacy and declared
the substitution by Luna invalid.
It would have been different if there was a petition to deny due course to or
cancel Hans Roger's certificate of candidacy. For if the COMELEC cancelled
Hans Roger's certificate of candidacy after the proper proceedings, then he is
no candidate at all and there can be no substitution of a person whose