Papandayan, Jr. v. Commission on Elections
REITERATIONFacts
The Antecedents: Petitioner Mauyag B. Papandayan, Jr. and respondent Fahida P. Balt were candidates for Mayor of Tubaran, Lanao del Sur in the May 14, 2001 elections. Respondent Balt sought petitioner's disqualification before the Commission on Elections (COMELEC) for lack of residency. The COMELEC, by Resolution of May 8, 2001, disqualified petitioner and ordered votes cast for him to be considered stray. Petitioner's motion for reconsideration was denied on May 12, 2001. Procedural History: Petitioner received the highest number of votes. He filed a petition for certiorari with the Supreme Court (disqualification case) seeking to annul the COMELEC disqualification resolutions. He also filed a petition with the COMELEC (SPC No. 01-039) to count his votes, citing COMELEC Resolution No. 4116 which mandates counting votes of a disqualified candidate if disqualification is not final. Respondent Balt filed a pre-proclamation case (SPC No. 01-259) for exclusion of election returns. The Supreme Court issued a TRO enjoining the COMELEC from implementing its disqualification resolutions. The COMELEC granted petitioner's petition in SPC No. 01-039 to count his votes but suspended his proclamation if he won, pending resolution of the disqualification case. Petitioner moved for reconsideration of the suspension of proclamation. Despite this, the Municipal Board of Canvassers proclaimed petitioner on June 3, 2001. Respondent Balt moved for annulment of the proclamation, which the COMELEC granted on June 25, 2001, citing violation of its May 29, 2001 Order and the pendency of the pre-proclamation case. The COMELEC cited Section 245 of the Omnibus Election Code. Petitioner moved for reconsideration. The COMELEC, by Resolution of January 30, 2002, denied petitioner's motion for reconsideration, citing Section 6 of R.A. No. 6646 and holding that the evidence of petitioner's guilt was strong. It reiterated the directive to suspend proclamation due to the pending pre-proclamation case. The Petition: Petitioner filed the present petition for certiorari, assailing the COMELEC Orders of May 29, 2001, June 25, 2001, and January 30, 2002, alleging grave abuse of discretion amounting to lack of jurisdiction in suspending and annulling his proclamation.
Issue(s)
Whether the COMELEC has jurisdiction and authority to suspend the proclamation of petitioner on the ground that the evidence of his lack of residence is strong, and whether the COMELEC's actions were valid considering the subsequent Supreme Court decision. Whether the COMELEC Orders suspending and annulling petitioner's proclamation were issued with grave abuse of discretion amounting to lack of jurisdiction, particularly regarding the setting aside of the initial proclamation by the Tubaran Board of Canvassers.
Ruling
The Supreme Court ordered the COMELEC to direct the Tubaran Municipal Board of Canvassers to proclaim petitioner, Mauyag B. Papandayan, Jr., as the duly elected Mayor of Tubaran, Lanao del Sur.
Ratio Decidendi
On the COMELEC's authority to suspend proclamation and the effect of the Supreme Court's decision: The Court held that the COMELEC's Orders of June 25, 2001, and January 30, 2002, suspending and annulling petitioner's proclamation, were premised on the pendency of the disqualification case before the Supreme Court and, partly, on the pre-proclamation case filed by respondent Balt. The COMELEC's January 30, 2002 Resolution cited Section 6 of R.A. No. 6646, stating that the suspension of proclamation was warranted because the evidence of guilt was strong, referencing its earlier May 8, 2001 Resolution disqualifying petitioner. However, the Supreme Court, in its April 16, 2002 Decision in the disqualification case (G.R. No. 147909), reversed the COMELEC's disqualification resolutions. As a necessary legal consequence, the annulment of the COMELEC orders suspending petitioner's proclamation followed, rendering them functus officio. This effect is deemed read into the decision in the disqualification case, even if not specifically prayed for. On the COMELEC's authority to annul proclamation and the effect of COMELEC Resolution No. 4493: The Court upheld the COMELEC's June 25, 2001 Order setting aside the proclamation made by the Tubaran Board of Canvassers. This was based on Section 20(i) of Republic Act No. 7166, which states that a proclamation should not be made unless authorized by the COMELEC after ruling on objections, and that any proclamation made in violation thereof is void ab initio unless the contested returns would not adversely affect the election results. At the time of proclamation, the COMELEC had not yet ruled on the objections, and there was no showing that contested returns would not affect the results. However, in light of COMELEC Resolution No. 4493 of June 29, 2001, which terminated certain pre-proclamation cases, including the one filed by respondent Balt, there was no longer any impediment to petitioner's proclamation. Therefore, the COMELEC was ordered to direct the proclamation of petitioner.
Main Doctrine
Where a disqualification case is reversed by the Supreme Court, any subsequent order suspending or annulling the proclamation of the candidate, which was premised on the said disqualification, becomes functus officio and is deemed set aside as a necessary legal consequence, even if not specifically prayed for.