BENJAMIN P. ABELLA, vs. COMMISSION ON ELECTIONS and ADELINA Y. LARRAZABAL .
- G.R. Number: G.R. No. 100710
- Promulgated: 1991-09-03
- Ponente: Gutierrez, Jr., J.
Doctrine
Where voters cast their ballots in the sincere belief a candidate was qualified, those votes should not be treated as stray or void absent a statute showing contrary legislative policy.
A candidate with the second highest number of votes is not automatically entitled to the office when the highest-vote candidate is later declared disqualified.
COMELEC's decisions were not found to be without or in excess of jurisdiction or in grave abuse of discretion.
Facts
Petitioner cancelled her registration in Ormoc City on 25 November 1987, transferred registration to Kananga, Leyte on the same date, and later voted there on election day, 1 February 1988.
A petition to deny due course to a certificate of candidacy was filed but the local elections proceeded with the candidate regarded as a bona fide candidate; votes were cast and counted.
COMELEC decisions and resolutions at issue were affirmed and the petitioners' challenges were dismissed by this Court.
Issues
Whether the petitioner was a registered voter of Kananga, Leyte.
Whether prohibition of a chartered city's voters from voting for provincial elective officials also bars those voters from being elected to provincial office.
Whether the candidate with the second highest number of votes can replace a disqualified highest-vote candidate.
Ruling
The petitions are dismissed; the questioned decisions and resolutions of the Commission on Elections are affirmed; the temporary restraining order is lifted and costs are imposed on petitioners.
The Court held that the fact a candidate obtained the second highest number of votes does not automatically entitle him to be declared the winner when the highest-vote candidate is later disqualified.
Keywords
G.R. No. 100710, G.R. No. 100739, Commission on Elections (COMELEC), disqualification, residence and registration qualifications, Art. X, Section 12, Philippine Constitution, Title II, Chapter I, Sec. 42, B.P. Blg. 137, Sec. 89, R.A. No. 179, local elections, pre-proclamation cases, certiorari, certificate of candidacy, temporary restraining order, provincial board of canvassers, falsification and misrepresentation, Section 74 of the Omnibus Election Code, SPC Case No. 88-546, Section 78 of the Omnibus Election Code, leyte, commission