Gayo v. Verceles
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the eligibility of Violeta G. Verceles to hold the position of Mayor of Tubao, La Union, during the May 14, 2001 elections. Lazaro C. Gayo, a rival candidate, filed a petition for quo warranto alleging that Verceles was disqualified due to her prior status as a permanent resident of the United States. Verceles had migrated to the U.S. in 1977, though she retained her Filipino citizenship. She returned to the Philippines permanently in 1993, registered as a voter in 1995, and filed income tax returns for 1996 and 1997. She formally surrendered her U.S. permanent resident status (green card) on January 28, 1998, prior to running for and winning the mayoral election in 1998. She was subsequently re-elected in May 2001. 2. Procedural History: Lazaro C. Gayo filed a petition for quo warranto with the Regional Trial Court (RTC) of Agoo, La Union, seeking to nullify Violeta G. Verceles's proclamation as Mayor in the May 2001 elections. The RTC dismissed the petition, ruling that Verceles was qualified. The court found that while her initial registration as a voter and filing of income tax returns did not constitute abandonment of her U.S. residency, her act of surrendering her green card in 1998 demonstrated her intent to abandon her U.S. residency and reacquire her Philippine domicile. The RTC also held that Section 68(e) of the Omnibus Election Code, which allows for waiver of permanent resident status, was not repealed by Section 40(f) of the Local Government Code (LGC) of 1991, as the two provisions were not inconsistent. 3. The Petition: This case reached the Supreme Court via a petition for review on certiorari under Rule 45 of the Rules of Court, filed by Lazaro C. Gayo. Gayo argued that the RTC erred in dismissing his petition, contending that the Local Government Code of 1991 implicitly repealed Section 68 of the Omnibus Election Code. He asserted that Section 40(f) of the LGC, which disqualifies permanent residents abroad without providing for a waiver, should prevail. The Supreme Court noted that the proper remedy would have been an appeal to the Court of Appeals under Rule 41, and that the case had become moot due to the expiration of the contested term. However, the Court opted to resolve the case on its merits, citing the importance of the issue for election law and its potential for repetition. The Court ultimately affirmed the RTC's decision, holding that Section 68 of the Omnibus Election Code was not repealed by the LGC and that Verceles had effectively reacquired her Philippine residency by abandoning her U.S. permanent resident status.
Issue(s)
Whether the petition for review on certiorari is the proper remedy. Whether the case has become moot and academic. Whether respondent Violeta G. Verceles met the residency requirement for the position of Municipal Mayor during the May 2001 elections. Whether Section 68 of the Omnibus Election Code was repealed by the Local Government Code of 1991. Whether the petitioner, as the second placer, can be proclaimed Mayor if the respondent is disqualified.
Ruling
The petition is DENIED. The Decision of the Regional Trial Court of Agoo, La Union, Branch 32, in EPC No. A-07 is AFFIRMED.
Ratio Decidendi
On the propriety of the remedy: The Court noted that the petitioner filed a petition for review on certiorari under Rule 45, but the proper remedy was to appeal to the Court of Appeals via a writ of error under Rule 41, as the RTC decided the case in its original jurisdiction. However, the Court resolved to accept the appeal due to the circumstances. On the mootness of the case: The Court acknowledged that the contested term of office had already expired, rendering the case moot and academic. Nevertheless, the Court decided to resolve the case on its merits because the issue involved qualifications for public office, which is capable of repetition yet evading review, and its resolution would aid in fostering free, orderly, and peaceful elections. On the residency requirement: The Court held that respondent Verceles reacquired her residency in the Philippines even before the May 2001 elections. Her act of surrendering her green card in 1998 clearly demonstrated her intention to abandon her U.S. residency. Furthermore, her relocation to the Philippines for good in 1993, periodic visits to the U.S.A., and her service as Mayor since 1998 were sufficient to establish her intent to stay indefinitely and make the Philippines her permanent residence. On the repeal of Section 68 of the Omnibus Election Code: The Court ruled that Section 68 of the Omnibus Election Code was not repealed by the Local Government Code of 1991. The repealing clause of the LGC did not expressly mention the repeal of any provision of the Omnibus Election Code. The Court found no irreconcilable inconsistency between Section 68 of the Omnibus Election Code and Section 40(f) of the LGC, as both provisions disqualify permanent residents abroad, but Section 68 provides a specific exception for those who have waived their status. The Court considered the provisions in pari materia and harmonized them, stating that the deletion of the waiver clause in the LGC was unnecessary as it was already covered by the Omnibus Election Code. On the petitioner's claim to the mayoralty seat: The Court reiterated the well-settled rule that the ineligibility of a candidate receiving the majority votes does not automatically entitle the eligible candidate receiving the next highest number of votes to be declared elected. A minority or defeated candidate cannot be deemed elected, as the conditions would have substantially changed if the disqualified candidate were excluded from the start.
Main Doctrine
The waiver of the status as a permanent resident of a foreign country, as provided under Section 68 of the Omnibus Election Code, is not repealed by the Local Government Code of 1991. Section 68 of the Omnibus Election Code and Section 40(f) of the Local Government Code are in pari materia and can be harmonized, with the former providing the exception for permanent residents to qualify for public office.