Pontawe v. Commission on Elections
REITERATIONFacts
The Antecedents: Federico Pontawe and Wilfredo Lopez, candidates for Mayor and Member of the Sangguniang Bayan respectively under the Nacionalista Party (NP), were disqualified by the Commission on Elections (COMELEC) on January 24, 1980, for turncoatism. On January 29, 1980, the NP nominated Carlos Pontawe and Louie Lopez as substitutes. On January 31, 1980, Carlos Pontawe and Louie Lopez were proclaimed winners. Subsequently, the losing candidates, Rosario Cabangon and Alfredo Flores (Kilusan Bagong Lipunan), filed an election protest. Procedural History: The Court of First Instance declared the election of Carlos Pontawe and Louie Lopez null and void, proclaiming Rosario Cabangon and Alfredo Flores as the duly elected officials. The COMELEC affirmed this decision on November 3, 1981. This COMELEC decision is the subject of G.R. No. L-59343. Separately, Federico Pontawe filed a petition (G.R. No. L-61497) questioning the COMELEC's refusal to allow his intervention in the election protest. The two cases were consolidated. The Petition: Petitioners Carlos Pontawe and Louie Lopez, through their petition for certiorari (G.R. No. L-59343), sought to annul the COMELEC's decision affirming the trial court's ruling that declared their election void. They argued that they were validly substituted for the disqualified Federico Pontawe and Wilfredo Lopez, and thus, votes cast for 'Pontawe' and 'Lopez' should be credited to them, not considered stray.
Issue(s)
Whether Federico Pontawe and Wilfredo Lopez were still considered candidates on election day, January 30, 1980, despite their disqualification by the COMELEC. Whether the votes cast for 'Pontawe' and 'Lopez' should be credited to Carlos Pontawe and Louie Lopez, respectively, as validly substituted candidates, or considered stray votes.
Ruling
The Supreme Court set aside the decision of the COMELEC sustaining the election of Rosario Cabangon and Alfredo Flores, and rendered a new judgment declaring Carlos Pontawe and Louie Lopez as having been duly elected to the positions of Mayor and Member of the Sangguniang Bayan of Sta. Barbara, Pangasinan. The issue raised in G.R. No. L-61497 was rendered moot and academic.
Ratio Decidendi
On Issue 1: The Court held that Federico Pontawe and Wilfredo Lopez were no longer candidates on election day, January 30, 1980. Section 28 of the 1978 Election Code permits substitution of candidates disqualified after the last day for filing certificates of candidacy, up to midday of election day. Since Federico and Wilfredo were disqualified before election day, their substitution by Carlos and Louie, who belonged to the same party, was valid. The Court reasoned that if the disqualification were not immediately executory, there would be no need for a substitute candidate. The fact that Federico and Wilfredo filed a petition for certiorari did not suspend the executory nature of the COMELEC's disqualification order. On Issue 2: The Court ruled that votes cast for 'Pontawe' and 'Lopez' should be credited to Carlos Pontawe and Louie Lopez, respectively. This is because Federico Pontawe and Wilfredo Lopez were no longer candidates on election day due to their disqualification. The COMELEC's order of disqualification was immediately executory, as mandated by Section 186, paragraph 3 of the 1978 Election Code, which states that any decision, order, or ruling cancelling a certificate of candidacy shall be immediately executory. Therefore, any votes cast for the disqualified individuals could not be validly counted for them and should rightfully be attributed to their duly nominated substitutes, Carlos Pontawe and Louie Lopez, including votes cast through block voting for the Nacionalista Party.
Main Doctrine
The Supreme Court held that a disqualification order by the Commission on Elections (COMELEC) is immediately executory, as provided under Section 186 of the 1978 Election Code. Consequently, votes cast for a disqualified candidate cannot be counted for them and should be credited to their validly nominated substitute, provided the substitution complies with Section 28 of the same Code. The filing of a petition for certiorari to question the disqualification does not suspend the executory nature of the COMELEC's order.