Cayat v. Commission on Elections
REITERATIONFacts
The Antecedents: Thomas R. Palileng, Sr. filed a petition for disqualification against Rev. Fr. Nardo B. Cayat, alleging that Cayat was ineligible to run for Mayor of Buguias, Benguet in the May 10, 2004 elections. Palileng's petition asserted that Cayat had been convicted by final judgment for the crime of Forcible Acts of Lasciviousness, an offense involving moral turpitude, and was still under probation at the time he filed his certificate of candidacy. Cayat did not file an answer to the petition. Procedural History: The COMELEC Regional Election Office, through Atty. Julius D. Torres, recommended Cayat's disqualification based on the conviction for an offense involving moral turpitude. The COMELEC First Division, adopting Atty. Torres' findings, issued a Resolution on April 12, 2004, cancelling Cayat's certificate of candidacy. Cayat's subsequent motion for reconsideration, filed on April 16, 2004, was denied by the COMELEC First Division on May 9, 2004, for failure to pay the required filing fee. Despite the cancellation, Cayat received the highest number of votes in the May 10, 2004 elections and was proclaimed Mayor. Subsequently, on October 25, 2004, the COMELEC First Division granted Palileng's motion for execution of judgment, annulling Cayat's proclamation and ordering the proclamation of Palileng. The Petition: Rev. Fr. Nardo B. Cayat filed two petitions for certiorari with the Supreme Court. G.R. No. 163776 challenged the COMELEC First Division's Resolution cancelling his certificate of candidacy and its Order denying his motion for reconsideration. G.R. No. No. 165736 challenged the COMELEC First Division's Order annulling his proclamation and ordering the proclamation of Palileng. Cayat argued, among other things, that the COMELEC did not acquire jurisdiction over him and that the service of summons by telegram was void. He also contended that his motion for reconsideration was timely filed and that the COMELEC First Division acted without jurisdiction in denying it for failure to pay the filing fee, as such motions should be decided by the COMELEC en banc.
Issue(s)
Whether the COMELEC First Division acquired jurisdiction over Cayat. Whether Cayat's motion for reconsideration was filed on time, and if the failure to pay the filing fee rendered it a mere scrap of paper. Whether Palileng's proclamation as Mayor was proper despite Cayat receiving the majority of votes, considering Cayat's disqualification before the election. Whether the doctrine on the rejection of the second placer applies in this case, given Cayat's disqualification before the election.
Ruling
The Supreme Court dismissed the petitions of Rev. Fr. Nardo B. Cayat and the petition-in-intervention of Feliseo K. Bayacsan, affirming the Resolution of the COMELEC First Division dated April 12, 2004, and the Orders dated May 9, 2004, and October 25, 2004.
Ratio Decidendi
On the Late Filing of Cayat’s Motion for Reconsideration and Jurisdiction: The Court found that while Cayat claimed to have received notice of the COMELEC Resolution on April 13, 2004, and thus had until April 16, 2004, to file a motion for reconsideration, this issue became moot due to the failure to pay the required filing fee. Consequently, the COMELEC First Division's Resolution of April 12, 2004, cancelling Cayat's Certificate of Candidacy, attained finality on April 17, 2004, which was 23 days before the May 10, 2004 elections. This finality meant that Cayat was disqualified by final judgment to run for Mayor. On Cayat’s Failure to Pay the Filing Fee for His Motion for Reconsideration: The Court reiterated that Cayat's motion for reconsideration was fatally flawed due to the non-payment of the prescribed filing fee of ₱300, as mandated by Section 7 of Rule 40 of the 1993 COMELEC Rules of Procedure. This failure meant that the motion was considered pro forma and, more importantly, as if it were never filed. Therefore, the COMELEC First Division's Resolution of April 12, 2004, which cancelled Cayat's certificate of candidacy, became final and executory on April 17, 2004. On Palileng’s Proclamation: The Court upheld Palileng's proclamation as Mayor of Buguias, Benguet. This was based on two primary reasons. Firstly, Cayat's disqualification had become final and executory on April 17, 2004, making him ineligible to be voted for. As Cayat was disqualified 23 days before the election, Palileng was not a second placer but the sole qualified candidate. Secondly, the Court invoked Section 6 of Republic Act No. 6646 (The Electoral Reforms Law of 1987), which mandates that votes cast for a candidate disqualified by final judgment before an election shall not be counted. Since Cayat's disqualification was final before the elections, the 8,164 votes cast for him were considered stray and void. Palileng, as the only legally qualified candidate, was correctly proclaimed. On the Applicability of the Doctrine on the Rejection of the Second Placer: The Court clarified that the doctrine on the rejection of the second placer applies only when the disqualification becomes final after the elections, which was not the case here. Since Cayat's disqualification was final before the elections, Palileng, as the only legally qualified candidate, was correctly proclaimed.
Main Doctrine
A candidate disqualified by final judgment before an election cannot be voted for, and votes cast for him shall not be counted. The doctrine on the rejection of the second placer does not apply when the disqualification becomes final before the election.