Sandalo v. Commission on Elections
REITERATIONFacts
The Antecedents: In the January 30, 1980 election for mayor of Tubay, Agusan del Norte, Pacifico D. Alburo (Kilusang Bagong Lipunan - KBL) was the official candidate against David Q. Sandalo (Nacionalista Party). On January 16, 1980, Alburo filed a petition with the Commission on Elections (COMELEC) to disqualify Sandalo on the ground of turncoatism. The COMELEC did not decide the case before the election. Procedural History: On January 31, 1980, Sandalo was proclaimed mayor-elect with 2,439 votes against Alburo's 1,984 votes. However, on February 16, 1980, COMELEC Resolution No. 9160 set aside Sandalo's proclamation, denied due course to his candidacy, and ordered the proclamation of Alburo. COMELEC found that Sandalo was affiliated with the KBL on December 26, 1979, and nine days later, on January 4, 1980, filed his certificate of candidacy as a member of the Nacionalista Party. The Petition: Sandalo filed a petition for certiorari on February 23, 1980, questioning the COMELEC's resolution. This Court issued a restraining order on February 26, 1980, enjoining Alburo's proclamation. Sandalo assumed the position of mayor on March 19, 1980.
Issue(s)
Whether the COMELEC committed a grave abuse of discretion in disqualifying Sandalo on the ground of turncoatism. Whether COMELEC should have resolved the disqualification case on or before election day.
Ruling
The petition is dismissed, and the restraining order is lifted. The COMELEC's resolution of February 16, 1980, ordering Alburo's proclamation is upheld. Costs are against the petitioner.
Ratio Decidendi
On the issue of COMELEC's grave abuse of discretion in disqualifying Sandalo for turncoatism: The Court held that the COMELEC did not commit a grave abuse of discretion. The COMELEC's finding that Sandalo was a political opportunist and a turncoat, having affiliated with the KBL and then switching to the Nacionalista Party nine days later, is binding and conclusive on the Supreme Court. This finding was based on Sandalo's certificate of affiliation with the KBL dated December 26, 1979, and his subsequent certificate of candidacy filed on January 4, 1980, as a member of the Nacionalista Party. The Court cited similar cases where candidates with identical factual circumstances were disqualified for turncoatism, reinforcing the COMELEC's decision. On the issue of whether COMELEC should have resolved the disqualification case on or before election day: The Court ruled that Sandalo's contention is not supported by Section 28 of the 1978 Election Code. This section pertains to substitute candidates in cases of death, withdrawal, or disqualification, and does not mandate that disqualification cases must be resolved before election day. The Court found that the COMELEC's resolution, even if issued after the election, was valid and did not violate any statutory provision regarding the timing of such resolutions.
Main Doctrine
The Commission on Elections (COMELEC) did not commit grave abuse of discretion in disqualifying a candidate for turncoatism, even if the disqualification was resolved after the election, when the finding of affiliation with one party and subsequent candidacy under another is binding on the Supreme Court.