Ticzon v. Commission on Elections
REITERATIONFacts
The Antecedents: These consolidated cases involve disputes over the mayoral position of San Pablo City, primarily concerning allegations of turncoatism against candidates Zacarias A. Ticzon and Cesar P. Dizon for the January 30, 1980 elections. In 1963, Ticzon (Liberal Party) was elected mayor, and Dizon (Nacionalista Party) was elected vice-mayor. In 1967 and 1971, Dizon was elected mayor, defeating Ticzon. In the 1971 elections, Ticzon ran as a rebel Liberal Party candidate. Dizon remained a Nacionalista until early 1978 when he campaigned for the Kilusang Bagong Lipunan (KBL). For the January 30, 1980 elections, Dizon was the official KBL candidate for mayor, while Ticzon was the official Nacionalista candidate. Procedural History: Petitions were filed with the Commission on Elections (COMELEC) to disqualify both Dizon and Ticzon on grounds of turncoatism. Roman C. Armedilla filed a petition to disqualify Dizon, alleging Dizon indicated KBL affiliation in his certificate of candidacy despite prior Nacionalista affiliation. Antonio B. Cosico filed a petition to disqualify Ticzon, alleging Ticzon stated Nacionalista affiliation despite running as a Liberal Party candidate in 1971. COMELEC initially dismissed the petition against Dizon for insufficiency of evidence. However, COMELEC, in Resolution No. 9085, disqualified Ticzon, finding he remained a member of the Liberal Party without resigning or being expelled, and thus ran as a Nacionalista without legal basis. COMELEC declared Ticzon's votes as stray and ordered the proclamation of Dizon. The Petition: Ticzon filed a petition for certiorari (G.R. No. L-52451) seeking to suspend the enforcement of COMELEC's directive to stop the canvass. He later filed a second petition for certiorari (G.R. No. L-52678) to set aside the disqualification resolution. Armedilla filed an appeal by certiorari (G.R. No. L-53393) against the dismissal of the disqualification case against Dizon. During the proceedings, COMELEC changed the city board of canvassers and the venue of the canvass to Manila due to allegations of bias. COMELEC also issued a resolution disqualifying Ticzon, which led to Dizon's proclamation as mayor. This Court issued restraining orders at various stages, but COMELEC's actions, particularly Ticzon's disqualification and Dizon's proclamation, proceeded.
Issue(s)
Whether the COMELEC committed grave abuse of discretion in changing the city board of canvassers and the venue of the recanvass. Whether the COMELEC committed grave abuse of discretion in disqualifying Ticzon on the ground of turncoatism. Whether the COMELEC committed grave abuse of discretion in dismissing the petition for disqualification against Dizon. Whether the COMELEC committed grave abuse of discretion in ordering the proclamation of Dizon.
Ruling
The petitions are dismissed. The proclamation of Cesar P. Dizon as mayor of San Pablo City is upheld. The dismissal of the disqualification case against Dizon is affirmed. The disqualification of Ticzon is upheld, and his votes are considered stray.
Ratio Decidendi
On the COMELEC's authority to change the board of canvassers and venue: The COMELEC did not abuse its discretion in changing the city board of canvassers, directing the canvass to be held in its session hall in Manila, and allowing a recanvass. The COMELEC acted within its powers and jurisdiction based on its findings and representations made by Dizon. This Court generally defers to the COMELEC's factual findings and actions in election matters, as it is in the best position to ensure the purity of suffrage. Interference is warranted only in cases of grave abuse of discretion, which was not demonstrated here. On Ticzon's disqualification for turncoatism: The COMELEC correctly disqualified Ticzon. The evidence, including the affidavit of Pedro Magcase and other documentary evidence, showed that Ticzon remained a member in good standing of the Liberal Party. His act of running as a Nacionalista candidate without resigning or being expelled from the Liberal Party constituted a violation of the prohibition against changing political party affiliation within six months preceding an election. The COMELEC had jurisdiction to make this factual finding, which was supported by evidence and Ticzon was afforded due process. On the disqualification case against Dizon: The dismissal of the petition to disqualify Dizon was proper. The petitioner, Armedilla, was given an opportunity to controvert Dizon's defense that he had changed his party affiliation to KBL in April 1978, more than six months before the January 30, 1980 elections. Armedilla failed to overthrow this defense and submitted the case on the pleadings. The COMELEC concluded that Dizon did not violate the prohibition against turncoatism, consistent with prior rulings where candidates changing affiliation more than six months prior were not disqualified. On the proclamation of Dizon and the treatment of Ticzon's votes: The COMELEC's order to proclaim Dizon was a consequence of Ticzon's disqualification. Pursuant to Section 155(24) of the 1978 Election Code, votes cast for a disqualified candidate are considered stray and shall not be counted. Ticzon, having been disqualified, became a non-candidate in the eyes of the law. Therefore, the votes obtained by him were properly adjudged as stray votes and could not influence the election results. The proclamation of Dizon, who garnered the highest valid votes, was thus upheld.
Main Doctrine
The Commission on Elections (COMELEC) has broad powers to enforce election laws, including the authority to disqualify candidates for turncoatism and to control canvassing and proclamation proceedings. Its factual findings, supported by evidence, are generally binding on the Supreme Court in certiorari proceedings. Votes cast for a disqualified candidate are considered stray and shall not be counted.