Victoria v. Commission on Elections
REITERATIONFacts
The Antecedents: In the May 11, 1992 Elections, candidates were elected as members of the Sangguniang Panlalawigan of Albay. Due to the suspension of Governor Romeo Salalima, Vice-Governor Danilo Azana assumed the governorship, creating a vacancy in the Vice-Governorship. The position of Vice-Governor should be filled by the highest-ranking Sangguniang member. Procedural History: Respondent Jesus James Calisin petitioned the Commission on Elections (COMELEC) to be declared the senior Sanggunian member. The COMELEC issued a Resolution on January 22, 1993, certifying Calisin as the highest-ranking member and petitioner Juan D. Victoria as second-ranking, basing its certification on the number of votes obtained in relation to the number of registered voters in each district. Consequently, Secretary Rafael M. Alunan III designated Calisin as acting Vice-Governor. The Petition: Petitioner Victoria filed a motion for reconsideration, which was denied by the COMELEC on February 22, 1993. He then filed a petition for certiorari, arguing that the ranking should consider the number of voters who actually voted, not just registered voters. He presented a formula where he would be ranked higher than Calisin. The Supreme Court is asked to set aside the COMELEC resolutions.
Issue(s)
Whether the COMELEC committed grave abuse of discretion in certifying respondent James Calisin as the highest ranking member of the Sangguniang Panlalawigan of Albay. Whether the ranking of Sanggunian members for purposes of succession should be based solely on the proportion of votes obtained to the total number of registered voters, as opposed to also considering the number of voters who actually voted.
Ruling
The petition is DISMISSED. The COMELEC resolutions dated January 22, 1993, and February 22, 1993, are upheld.
Ratio Decidendi
On the issue of COMELEC's grave abuse of discretion: The Court found no grave abuse of discretion on the part of the COMELEC. The governing law, Section 44(a) of the Local Government Code, explicitly states that "ranking in the Sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election." The law is clear, plain, and free from ambiguity, necessitating its literal application. On the issue of the proper basis for ranking Sanggunian members: The Court cannot speculate on the probable intent of the legislature beyond the words used in the statute. The COMELEC correctly applied this provision in determining the ranking of the Sanggunian members. Petitioner's proposed formula, which considers the number of actual voters, is not supported by the statutory language. The Court reiterated the principle of verba legis, meaning that from the words of a statute, there should be no departure. Therefore, the COMELEC's certification of respondent Calisin as the highest-ranking member, based on the proportion of votes obtained to the total registered voters, was in accordance with the law. The Court's role is to apply the law as written, and any proposed changes or alternative interpretations must be addressed to the legislative branch.
Main Doctrine
The ranking of Sanggunian members for purposes of succession is determined by the proportion of votes obtained by each winning candidate to the total number of registered voters in each district, as mandated by Section 44(a) of the Local Government Code.