Provincial Chapter of Laguna, Nacionalista Party v. Commission on Elections
REITERATIONFacts
The Antecedents: In the November 8, 1971 elections, Felicisimo T. San Luis (private respondent) was elected Governor of Laguna under the Liberal Party (LP), with his term set to expire on December 31, 1975. On January 18, 1980, the Provincial Chapter of Laguna, Nacionalista Party (NP) (petitioner), filed a petition with the Commission on Elections (COMELEC) to disqualify San Luis from running as the Kilusang Bagong Lipunan (KBL) candidate for Governor in the January 30, 1980 elections, alleging 'turncoatism' under Section 10, Article XII-C of the 1973 Constitution and Section 4 of Batas Pambansa Blg. 52. Procedural History: A similar petition was filed against another candidate, and the COMELEC set both cases for joint hearing on January 24, 1980. San Luis filed his answer and later a memorandum, as did the petitioner. On February 21, 1980, the COMELEC dismissed the petition, finding that the petitioner failed to present sufficient evidence. The Petition: The petitioner filed a petition for certiorari, assailing the COMELEC's resolution for allegedly violating due process and contravening the Constitution and Batas Pambansa Blg. 52.
Issue(s)
Whether the COMELEC committed a grave abuse of discretion amounting to lack of jurisdiction in issuing the resolution dismissing the petition for disqualification without observance of due process. Whether private respondent Felicisimo T. San Luis is guilty of 'turncoatism' in violation of Section 10, Article XII (C) of the 1973 Constitution in relation to Section 4 of Batas Pambansa Blg. 52.
Ruling
The petition is hereby dismissed. The COMELEC resolution is affirmed.
Ratio Decidendi
On the issue of due process: The Court ruled that the petitioner was afforded due process. While a formal hearing with confrontation of witnesses did not occur, the petitioner was given the opportunity to be heard. The petitioner's counsel manifested that he was resting his case based on the admissions of the private respondent and reserved the right to object to evidence, indicating a waiver of further presentation of evidence. The COMELEC's resolution was based on the pleadings, annexes, and memoranda submitted by the parties, which is permissible if parties are given the opportunity to be heard and the evidence is disclosed. The petitioner's failure to assert its right for a hearing before the COMELEC until after an adverse resolution was issued was deemed fatal. On the issue of 'turncoatism': The Court held that private respondent San Luis was not guilty of 'turncoatism' under the applicable constitutional provision. The prohibition against changing political party affiliation during one's term of office applies to the term for which the official was originally elected. San Luis was elected Governor in November 1971 under the Liberal Party, with a term expiring on December 31, 1975. Although he continued in office beyond this date at the pleasure of the President, as allowed by the Transitory Provisions of the 1973 Constitution and subsequent referendums, this period was not considered part of the 'term of office' for which he was elected as a Liberal Party candidate. Therefore, his subsequent affiliation with the KBL, even if it occurred within six months preceding the January 30, 1980 elections, did not violate the prohibition, as the prohibition was tied to his original term which had already expired.
Main Doctrine
The prohibition against changing political party affiliation during one's term of office applies to the term for which the official was originally elected, not to subsequent terms or periods where the official continues in office at the pleasure of the President.