De la Victoria v. Commission on Elections
REITERATIONFacts
The Antecedents: In the February 1, 1988, special local elections for municipal mayor of Albuera, Leyte, petitioner Sixto De la Victoria obtained 5,093 votes, and the late Genoveva S. Mesina obtained 5,103 votes. Mesina was proclaimed the winner. De la Victoria filed pre-proclamation cases and later an election protest (Election Protest No. B-44) against Mesina. Mesina died on July 22, 1989, and was substituted as protestee by Vice-Mayor Aquilino Cantiga, Jr. Neither Mesina's heirs nor her counsel informed the trial court of her death. Procedural History: De la Victoria withdrew his pre-proclamation cases. Vice-Mayor Cantiga filed a petition to intervene. De la Victoria waived his claim for damages and costs against the deceased Mesina. Mesina's heirs filed a motion for substitution, which De la Victoria opposed, arguing they were not real parties in interest and that his waiver rendered the motion moot. The trial court denied the motion for substitution. Subsequently, the trial court rendered a decision declaring De la Victoria the winner. Mesina's heirs appealed to the Commission on Elections (COMELEC) via a petition for certiorari and prohibition. The trial court denied their notice of appeal, holding that Vice-Mayor Cantiga, not the heirs, was the real party in interest, and that the waiver of damages removed any legal interest of the heirs. De la Victoria's motion for execution was granted, and he assumed office. The Petition: The heirs of Mesina filed a petition for certiorari and prohibition with preliminary injunction (SPR No. 9-90) and later another petition for certiorari and mandamus (SPR No. 11-90) seeking to stop the execution of the trial court's decision. The COMELEC initially denied their application for a TRO but later set aside the trial court's orders denying substitution and appeal, declared the writ of execution null and void, and ordered the elevation of the records. De la Victoria filed the present petition for certiorari with preliminary injunction and/or restraining order, assailing the COMELEC's order.
Issue(s)
Whether the heirs of the deceased protestee in an election protest may be considered as real parties-in-interest, considering the vice-mayor's intervention and the protestant's waiver of damages and costs. Whether said heirs may appeal the decision in the election protest, considering the vice-mayor's succession and procedural lapses by the COMELEC.
Ruling
The petition for certiorari is GRANTED. The proclamation of Sixto de la Victoria as mayor of Albuera, Leyte, is upheld. The COMELEC's resolution setting aside the trial court's orders and declaring the writ of execution null and void is set aside.
Ratio Decidendi
On the issue of whether the heirs of the deceased protestee may be considered as real parties-in-interest: The Court held that the answer is no. Public office is personal to the incumbent and is not a property that passes to his heirs. The late Genoveva Mesina's claim to the contested office was not a transmissible right that devolved upon her heirs. Their interest was limited to defending her against claims for damages and costs, which the protestant had already waived. Therefore, the heirs had no legal interest to defend in her behalf. The Court cited Vda. de Mesa vs. Mencias and Lomugdang vs. Javier to support the principle that public office is not a property and that the vice-mayor, who succeeds by operation of law, is the real party in interest. On the issue of whether said heirs may appeal the decision in the election protest: The Court held that the answer is no. Since the heirs are not the real parties in interest, they cannot appeal the decision. The Court reiterated that Vice-Mayor Aquilino Cantiga, Jr., by operation of law, succeeded to the position of Municipal Mayor upon Mesina's death, making him the real party in interest whose right to hold office was jeopardized by the election contest. The Court also noted the procedural lapses by the COMELEC, such as acting on petitions beyond the prescribed period and issuing an injunction without the required bond, which constituted grave abuse of discretion. Furthermore, the COMELEC's dismissal of the appeal for failure to file the appellant's brief rendered the trial court's decision final and executory.
Main Doctrine
The heirs of a deceased candidate in an election protest are not the real parties in interest and cannot substitute for the deceased protestee, especially when the protestant has waived claims for damages and costs, and the vice-mayor has succeeded to the office by operation of law.