Geronimo v. Commission on Elections
REITERATIONFacts
The Antecedents: Petitioner Meliton C. Geronimo, a retired lieutenant colonel, sought to run for mayor of Baras, Rizal, under the Nacionalista Party (NP) for the January 30, 1980 local elections. On December 31, 1979, Geronimo and his group wrote letters to the Chairman of the Kilusang Bagong Lipunan (KBL) Party in Baras, expressing their intention to run for various local elective positions under the KBL banner and seeking reconsideration of their applications, as they were delayed in informing the local chapter. The KBL Baras Chapter, through its secretary, informed Geronimo on January 3, 1980, that the final KBL lineup had already been chosen on December 30, 1979. Subsequently, on January 4, 1980, Geronimo filed his certificate of candidacy for mayor under the Nacionalista Party. Procedural History: Private respondent Julian C. Pendre filed a petition with the Commission on Elections (COMELEC) seeking the disqualification of Geronimo and other members of his group, alleging a violation of the constitutional and statutory prohibitions against changing party affiliation within six months before an election. The COMELEC, in a resolution dated January 19, 1980, disqualified Geronimo on the ground that he changed his party affiliation from KBL to NP within the prohibited period, and denied due course to his certificate of candidacy. Geronimo filed a motion for reconsideration, which was pending when he filed the instant petition for certiorari and mandamus with the Supreme Court. The Petition: Geronimo filed a petition for certiorari and mandamus seeking to set aside the COMELEC resolution disqualifying him and denying due course to his certificate of candidacy, alleging grave abuse of discretion.
Issue(s)
Whether the respondent Commission on Elections acted with grave abuse of discretion in disqualifying petitioner Meliton C. Geronimo from running for mayor of Baras, Rizal, and in refusing to give due course to his certificate of candidacy. Whether the Kilusang Bagong Lipunan (KBL) is considered a political party for the purpose of enforcing prohibitions against changing party affiliation. Whether Presidential Decree No. 1661, as amended, is an ex post facto law when applied to the petitioner's case.
Ruling
The petition is dismissed. The restraining order of January 28, 1980, is lifted. The COMELEC resolution disqualifying petitioner Meliton C. Geronimo is affirmed.
Ratio Decidendi
On the issue of grave abuse of discretion and disqualification due to change of party affiliation: The Supreme Court held that the COMELEC did not act with grave abuse of discretion in disqualifying petitioner Geronimo. The Court found substantial evidence that Geronimo was affiliated with the KBL as a political party on December 31, 1979, as evidenced by his own letters to the KBL Baras Chapter, wherein he referred to KBL as "our party" and sought nomination under its banner. His subsequent filing of a certificate of candidacy for mayor under the Nacionalista Party on January 4, 1980, indisputably occurred within six months immediately preceding the January 30, 1980 local elections. This constituted a clear violation of Section 10, Article XIIC of the 1973 Constitution and Section 4 of Batas Pambansa Blg. 52, which prohibit political turncoatism. The Court characterized Geronimo's change of party affiliation as "sheer opportunism" motivated by his failure to secure the KBL nomination, rather than an honest disagreement on principles. On the status of the Kilusang Bagong Lipunan (KBL) as a political party: The Court rejected Geronimo's contention that KBL was not a political party but a mere political movement. It reasoned that subsequent political developments, including the identification of majority members of the Interim Batasang Pambansa with KBL, their caucuses and meetings, and the KBL's accreditation as a political party pursuant to Batas Pambansa Blg. 53 and COMELEC Resolution No. 1406, established KBL as a de facto and de jure political party. The Court cited previous rulings recognizing KBL's status as a political party and its use of block voting in the 1978 elections. Therefore, Geronimo's affiliation with KBL and subsequent change to NP were considered a change of party affiliation within the meaning of the constitutional and statutory prohibitions. On the application of Presidential Decree No. 1661 as an ex post facto law: The Supreme Court reiterated its ruling in Santos v. COMELEC that PD 1661, which implements the constitutional prohibition against turncoatism, is not an ex post facto law. The Court explained that ex post facto laws apply only to penal statutes, whereas PD 1661 provides for a disqualification from running for office, which is a mere privilege subject to reasonable regulation and not criminal in nature. Furthermore, the Court noted that the constitutional prohibition against turncoatism existed since 1973, and PD 1661, effective January 3, 1980, merely implemented this existing constitutional mandate prospectively. Geronimo was therefore forewarned by the 1973 Constitution and should bear the consequences of his violation.
Main Doctrine
A candidate who changes political party affiliation within six months immediately preceding an election, after having been affiliated with a political party, is disqualified from running for office. The Kilusang Bagong Lipunan (KBL) is recognized as a political party for the purpose of enforcing anti-turncoatism provisions.