RAMON L. LABO, Jr., vs. COMMISSION ON ELECTIONS, and ROBERTO ORTEGA.
- G.R. Number: G.R. No. 105111
- Promulgated: 1992-07-03
- Ponente: Bidin, J.
Doctrine
Disqualification of an elected candidate does not automatically confer the office on the candidate with the next highest votes; a minority or defeated candidate cannot be deemed elected in place of the majority's choice.
When both leading candidates are ineligible and a vacancy in the office is created, succession follows proclamation procedures, here resulting in the vice-mayor elect being declared mayor after proclamation by the Board of Canvassers.
Statutory provisions governing disqualification (e.g., Sec. 72 of the Omnibus Election Code) may be affected by later legislation, as noted by the Court.
Facts
Ramon Labo, Jr. filed his certificate of candidacy for mayor of Baguio City on 23 March 1992, believing he was a Filipino citizen.
Roberto Ortega also filed his certificate of candidacy for the same office on 25 March 1992.
COMELEC granted a petition to deny Labo's certificate of candidacy and ordered it cancelled; Labo moved to stay implementation and sought relief from the Supreme Court.
After the 11 May 1992 elections, COMELEC suspended Labo's proclamation if he won; proceedings culminated in this Court's resolution dismissing the petitions and declaring a vacancy.
Issues
Whether the disqualification of petitioner Labo entitles the candidate with the next highest number of votes (Ortega) to be proclaimed mayor.
Whether the private respondent who filed the quo warranto petition can replace the disqualified petitioner as mayor.
What is the proper disposition of the office following the disqualification of the winning candidate.
Ruling
The disqualification of Labo does not automatically entitle Ortega, the next-highest vote recipient, to proclamation as mayor.
The private respondent who obtained the second highest number of votes cannot be deemed elected or replace the disqualified mayor.
Because both petitioners were found ineligible and a vacancy resulted, the vice-mayor elect is declared Mayor of Baguio City after proclamation by the City Board of Canvassers; the petitions are dismissed.
Keywords
G.R. No. 105111, G.R. No. 105384, citizenship, certificate of candidacy, disqualification proceeding, natural-born citizen, Labo v. Commission on Elections (176 SCRA 1 [1989]), denied due course, cancelled certificate of candidacy, final and executory, Rule 18, Section 13, Paragraph (b) of the Comelec Rules of Procedure, suspension of proclamation, petition for review, petition for mandamus, grave abuse of discretion, Vance v. Terrazas (444 US 252), expatriation, intent to relinquish citizenship, due process, comelec