Election Law Cases
Election Law Cases
Election Law Cases
135150, July 28, 1999 LONZANIDA determined by law shall be three years and no
vs COMELEC such officials shall serve for more than three
consecutive terms. Voluntary renunciation of the
Facts: office for any length of time shall not be
Petitioner Lonzanida was duly elected and served considered as an interruption in the continuity of
two consecutive terms as municipal mayor of San his service for the full term for which he was
Antonio, Zambales prior to the May 1995 elected.”
elections. In the May 1995 elections Lonzanida
ran for mayor of San Antonio, Zambales and was Section 43 of the Local Government Code (R.A.
again proclaimed winner. He assumed office and No. 7160) restates the same rule, that: “No local
discharged the duties thereof. His proclamation in elective official shall serve for more than three
1995 was contested by his opponent who filed an consecutive terms in the same position. Voluntary
election protest. The court rendered a judgment renunciation of the office for any length of time
declaring the results of the said election last May shall not be considered as an interruption in the
8, 1995, as null and void on the ground that there continuity of service for the full term for which
was a failure of election. the elective official concerned was elected.”
In the May 11, 1998 elections Lonzanida again The petitioner cannot be deemed to have served
filed his certificate of candidacy for mayor of San the May 1995 to 1998 term because he was
Antonio and was proclaimed winner. Prior ordered to vacate his post before the expiration
proclamation, His opponent timely filed a petition of the term.
to disqualify him from running on the ground that
he had served three consecutive terms in the Pursuant to the constitutional provision above,
same post. voluntary renunciation of a term does not cancel
the renounced term in the computation of the
The COMELEC found that Lonzanida’s assumption three term limit; conversely, involuntary
of office by virtue of his proclamation in May severance from office for any length of time short
1995, although he was later unseated before the of the full term provided by law amounts to an
expiration of the term, should be counted as interruption of continuity of service. The
service for one full term in computing the three petitioner vacated his post a few months before
term limit under the Constitution and the Local the next mayoral elections, not by voluntary
Government Code. Hence, COMELEC issued a renunciation but in compliance with the legal
resolution granting the petition for process of writ of execution issued by the
disqualification COMELEC to that effect. Such involuntary
severance from office is an interruption of
Petitioner Lonzanida challenges the validity of the continuity of service and thus, the petitioner did
COMELEC resolutions maintaining that he was not fully serve the 1995-1998 mayoral term.
duly elected mayor for only two consecutive
terms and that his assumption of office in 1995 Penera, Rosalinda A. vs. COMELEC and
cannot be counted as service of a term for the Edgar T. Andanar G.R. No. 181613 November
purpose of applying the three term limit for local 25, 2009
government officials, because he was not the
duly elected mayor of San Antonio in the May FACTS:
1995 elections. Petitioner and private respondents were
candidates for mayor of the Municipality in the
The private respondent maintains that the last May 2007 elections. The former filed her
petitioner’s assumption of office in 1995 should certificate of candidacy on the day before the
be considered as service of one full term because prescribed campaign period. When she went to
he discharged the duties of mayor for almost the COMELEC Office for filing she was
three years until March 1, 1998 or barely a few accompanied by her partymates. Thereafter, they
months before the next mayoral elections. had a motorcade which was consist of two trucks
and ten motorcycles running around the
Issue: WON petitioner’s assumption of office as municipality convincing the residents to vote for
mayor of San Antonio Zambales from May 1995 her and the other candidates of their political
to 1998 may be considered as service of one full party.
term for the purpose of applying the three-term Due to this, private respondent filed a petition
limit for elective local government officials. against her alleging premature campaigning as
provided in the Omnibus Election Code Section 80
Held: No. Section 8, Art. X of the Constitution which says: “Election or partisan political activity
provides that, “the term of office of elective local outside campaign period.--- It shall be unlawful
officials, except barangay officials, which shall be for any person, whether or not a voter or
candidate, or for any party, or association of present protest against the winner, Pres. FV
persons, to engage in an election campaign or Ramos.
partisan political activity except during the
campaign period.” She argued that she is not Subsequently however, she ran for Senator in the
guilty since she was not yet a candidate at that 1995 Senatorial elections. She won and assumed
time and the campaign period has not yet started office as Senator in 1995. Considering this factual
when the motorcade was conducted. milieu, the issues revolve on whether this present
While the petition was pending in the COMELEC, electoral protest would still be valid, even after
she was voted as mayor and took her office the protestant has already assumed office as
thereafter. The COMELEC Second Division decided Senator, noting that should she win this protest,
in favor of the complainant and found her guilty her term as president would coincide with her
of premature campaigning. Likewise, when she term as senator, which she is now in. Now, in
appealed in the COMELEC En Banc, the previous 1996, the SC as PET decides the case.
decision was affirmed.
Subsequently, she filed with the Supreme Court HELD:
which decided against her. It held that the There was abandonment of protest.
conduct of the motorcade is a form of election
campaign or partisan political activity, falling Yes. DS filed her certificate of candidacy to run for
under Section 79(b)(2) of the Omnibus Election senator without qualification or reservation. In
Code which says: “[h]olding political caucuses, doing so, she entered into a political contract with
conferences, meetings, rallies, parades, or other the electorate, that, if elected, she would assume
similar assemblies, for the purpose of soliciting the office as senator. This is in accord with the
votes and/or undertaking any campaign or constitutional doctrine that a public office is a
propaganda for or against a candidate[.]” public trust. In assuming the office of Senator,
Furthermore, it was held that she should vacate she has effectively abandoned her determination
the position. Now, she comes for a motion for to pursue this present protest. Such
reconsideration using the same arguments. abandonment operates to render this protest
moot.
ISSUE: Is petitioner guilty of premature
campaigning? Also, the PET issued a resolution ordering the
protestant to inform the PET within 10 days if
RULING: No. Any act is lawful unless after the completion of the revision of the ballots
expressly declared unlawful by law. It is enough from her pilot areas, she still wishes to present
that Congress stated that “any unlawful act or evidence. Since DS has not informed the Tribunal
omission applicable to a candidate shall take of any such intention, such is a manifest
effect only upon the start of the campaign indication that she no longer intends to do so.
period.” So, it is lawful if done before the start of
the campaign period. This plain language of the
law need not be construed further. FERNANDO POE, JR. VS. GLORIA
MACAPAGAL-ARROYO
Moreover, on the day of the motorcade, she was
not yet a candidate for. As what was decided in P.E.T. CASE No. 002. March 29, 2005
the Lanot Case which says that prior to the
campaign period, even if the candidate has filed Facts:
his/her certificate of candidacy, he/she is not yet
In the 2004 election, Gloria Macapagal Arroyo
considered as a candidate for purposes other
than the printing of ballots. Hence, she cannot be (GMA) was proclaimed the duly elected President
of the Philippines. The second-placer in the
guilty of premature campaigning for in the first
place there is no candidate to talk about. What elections, Fernando Poe, Jr. (FPJ), filed an election
protest before the Electoral Tribunal. When the
she did was an exercise of her freedom of
expression. Protestant died in the course of his medical
treatment, his widow, Mrs. Jesusa Sonora Poe
DEFENSOR-SANTIAGO V. RAMOS 53 SCRA a.k.a. Susan Roces filed a motion to intervene as
a substitute for deceased protestant FPJ. She
559
claims that there is an urgent need for her to
continue and substitute for her late husband to
FACTS:
This is an original action filed before the SC ascertain the true and genuine will of the
electorate in the interest of the Filipino people.
acting as a Presidential Electoral Tribunal. Miriam
Defensor-Santiago (DS) ran for presidency in the The Protestee, GMA asserts that the widow of a
deceased candidate is not the proper party to
1992 National Elections. She lost, but filed this
replace the deceased protestant since a public
office is personal and not a property that passes
on to the heirs. Protestee also contends that lifted the Sandiganbayan’s suspension order, so
under the Rules of the Presidential Electoral he resumed his office
Tribunal, only the registered candidates who
obtained the 2nd and 3rd highest votes for the 2007 election, he filed a COC for the same
presidency may contest the election of the position – petitioners sought to have the COC
president. denied since he had already served for 3 terms
COMELEC 2nd Division ruled in Asilo’s favor,
Issue: because they said Asilo failed to render complete
service for 2004-2007 term because of the 90-
May the widow substitute/intervene for the day suspension order
protestant who died during the pendency of the
latter’s protest case? COMELEC en banc refused to reconsider, so the
question was raised to the SC
Held:
ISSUES
Only the registered candidate for President or for
WON preventive suspension of an elected
Vice-President of the Philippines who received the
local official constituted an interruption that
second or third highest number of votes may
allowed him to run for a 4th term.
contest the election of the President or the Vice-
President, as the case may be, by filing a verified
Yes.
petition with the Clerk of the Presidential
Electoral Tribunal within thirty (30) days after the
Court first discussed the 3-term limit rule. Sec 8,
proclamation of the winner.
Art X of the Constitution and Sec 43(b) of RA
An election protest is not purely personal and 7160 is almost the same thing except for some
exclusive to the protestant or to the protestee, minor differences in the wording. The first branch
hence, substitution and intervention is allowed of this provision fixes the term of a local elective
but only by a real party in interest. Note that Mrs. official and limits their stay to no more than 3
FPJ herself denies any claim to the office of terms. “Term” here is a period of time during
President but rather stresses that it is with the which an official has the title and can serve. It is a
“paramount public interest” in mind that she fixed and definite period. The second branch of
desires “to pursue the process” commenced by the provision relates to the provisions express
her late husband. However, nobility of intention is initiative to prevent any circumvention of the
not the point of reference in determining whether limitation through voluntary severance of ties
a person may intervene in an election protest. In with public office – though it doesn’t textually
such intervention, the interest which allows a state that voluntary renunciation is the only
person to intervene in a suit must be in the interruption of service that doesn’t affect
matter of litigation and of such direct and continuity of service for a full term. ‘Renunciation’
immediate character that the intervenor will also connotes abandonment, not something that
either gain or lose by the effect of the judgment. is acted on the official.
In this protest, Mrs. FPJ will not immediately and
directly benefit from the outcome should it be Interruption of office happens when the term
determined that the declared president did not is broken because the office holder lost the
truly get the highest number of votes. right to hold on to his office and cannot be
equated with failure to render service
2. COMELEC determined that it was actually ISSUE: WON petitioner should be disqualified by
Diangka’s husband who caused the commotion presenting his community tax certificate as
which prevented the voters from voting. While it competent evidence of identity in executing his
was not actually Diangka who committed the COC.
acts, she did not prove that her running was not a
mere alter ego of her husband who is in his 3 HELD: No. An improperly sworn COC is not
term as mayor. This together with her presence in equivalent to possession of a ground for
the ambulance makes her guilty of the acts of disqualification.
terrorism in violation of the Omnibus Election
Code. Neither OEC and LGC provides for such nor can
the courts infer this as an additional ground for
Note: Grounds for Disqualification (Section 68 of disqualification.
Omnibus Election Code):
a) Giving money or other material Laws prescribing qualifications for and
consideration to influence, induce or corrupt the disqualifications from office are liberally
voters or public officials performing electoral construed in favor of eligibility. Competent
functions; evidence of identity is not required in cases
b) Committed acts of terrorism to enhance his where the affiant is personally known to the
candidacy; Notary Public, which is the case herein.
c) Spent in his election campaign an amount
in excess of that allowed The purpose of election laws is to give effect to,
d) Solicited, received or made any rather than frustrate, the will of the voters.
contribution which are prohibited
FAELNAR vs COMELEC
FACTS:
AMORA vs COMELEC Eugenio Faelnar filed his certificate of candidacy
FACTS: for the position of barangay chairman during the
On December 1, 2009, petitioner Sergio G. 1997 barangay elections in Cebu. One day after
Amora, Jr. filed his Certificate of Candidacy for filing such certificate (april 9), a basketball
Mayor of Candijay, Bohol. tournament was held in the sports complex
dubbed as, “2nd Jing-Jing Faelnar’s Cup” which
To oppose Amora, the Nationalist People’s lasted until April 30, 1997. This gave rise to a
Coalition fielded Trygve L. Olaivar for the complaint for electioneering against petitioner
mayoralty post. Respondent Arnielo S. Olandria and Gillamac filed by Antonio Luy. It was alleged
was one of the candidates for councilor of the that it was actually a form of campaign done
NPC in the same municipality. outside the official campaign period which should
start on May 1, 1997. 1. that there was a
On March 5, 2010, Olandria filed before the streamer bearing the name of petitioner placed
COMELEC a Petition for Disqualification against at the façade of the venue. 2. petitioners name
Amora. Olandria alleged that Amora’s COC was was repeatedly mentioned over the microphone.
not properly sworn contrary to the requirements 3. it was widely published in the local news paper.
of the Omnibus Election Code (OEC) and the 2004 4. a raffle sponsored by Gillamac was held with
Rules on Notarial Practice. Olandria pointed out home appliances as prize. It constituted an
that, in executing his COC, Amora merely election offense. Initially, Comelec en banc in a
presented his Community Tax Certificate (CTC) to Resolution resolved to dismiss the filing of the
the notary public, Atty. Oriculo Granada (Atty. case in the RTC. Antonio Luy moved for
Granada), instead of presenting competent reconsideration prompting the Comelec to
evidence of his identity. Consequently, Amora’s proceed with the filing of the case against
petitioner. Petitioner moved to quash on the basis consider all votes cast for Yason as stray and to
that the previous dismissal of the Comelec en declare Lucio T. Suarez as duly elected mayor.
banc, was immediately final and executory. And
that Luy’s motion for reconsideration was a ISSUE:
prohibited pleading under Commission’s rules of Whether or not turncoatism is a ground for
procedure. disqualification.
HELD: Held:
A Motion for Reconsideration is allowed in In elections, the first consideration of every
election offense cases. democratic policy is to give effect to the
expressed will of the majority. It is true that
Section 1, Rule 13 of Comelec’s Rules of constitutional and statutory provisions requiring
Procedure states, “the following pleadings are not compliance with measures intended to enhance
allowed, …(d) motion for reconsideration of an en the quality of our democratic institutions must be
banc ruling, resolution, order or decision except obeyed. The restriction against turncoatism is one
in election offense cases… such measure. However, even as there should be
compliance with the provision on turncoatism, an
It was also held that the Comelec en banc is the interpretation in particular cases which respects
one that determines the existence of probable the free and untrammelled expression of the
cause in an election offense. But it may also be voters' choice must be followed in its
delegated to the State Prosecutor or to the enforcement.
Provincial or City Fiscal but may still be reviewed
by the Comelec. The various and numerous provisions of the
Election Law were adopted to assist the voters in
YASON vs HERRERA their participation in the affairs of the
FACTS: Government and not to defeat that object.
On January 4, 1980 at 2:45 in the afternoon, (Villavert v. Former, 84 Phil. 756, 763). Election
petitioner Yason filed his certificate of candidacy cases involve not only the adjudication of the
for Mayor of Roxas, Oriental Mindoro with the private interests of rival candidates but also the
Municipal Election Registrar. On the blank space paramount need of dispelling the uncertainty
in Item No. 4 indicating "Political Party/Group or which beclouds the real choice of the electorate
Aggrupation," he stated "Nationalists, (NP)." with respect to who shall discharge the
Shortly afterwards, Yason had a change of mind. prerogatives of the offices within their gift. They
A few minutes before midnight of the same day, are imbued with public interest. (Vda. de Mesa v.
he went back to the municipal election registrar, Mencias, 18 SCRA 533, 538) The
asked for the certified of candidacy he had filed disenfranchisement of electors is not favored.
that afternoon, and erased the words and letters, (Lloren v. Court of Appeals, et al., 19 SCRA 110).
"Nationalista, (NP)." Over the erased items, he This is especially true where the majority of
typed "Kilusang Bagong Lipunan (KBL)." The voters are sought to be disenfranchised.
same thing was done for Item No. 5, "state if
nominated by Political Party/Group or
Aggrupation" where the word "Yes" was erased
and "Kilusang Bagong Lipunan (KBL)" typed
FRIVALDO VS COMELEC
Posted by kaye lee on 10:58 PM
clearly as the answer. Both changes in Items 4
G.R. No. 87193, 23 June 1989 [Naturalization;
and 5 were initialed by Mr. Yason.
Reacquisition]
On the morning of election day on January 30,
FACTS:
1980, after the petitioner came to know from the
Juan G. Frivaldo was proclaimed governor of the
Certified List of Candidates furnished by the
province of Sorsogon and assumed office in due
COMELEC for posting in election booths and
time. The League of Municipalities filed with the
guidance of citizens' election committees that
COMELEC a petition for the annulment of Frivaldo
COMELEC had listed him in the official line-up of
on the ground that he was not a Filipino citizen,
NP candidates, he immediately disclaimed
having been naturalized in the United States.
knowledge of his having been nominated by the
Frivaldo admitted the allegations but pleaded the
NP provincial chapter
special and affirmative defenses that he was
naturalized as American citizen only to protect
A day later, on February 2, 1980, Suarez filed with
himself against President Marcos during the
COMELEC a petition for disqualification of Yason
Martial Law era.
as candidate for mayor. On February 13, 1980,
the COMELEC ordered the citizens' election
ISSUE:
committee and the election registrar of Roxas to
Whether or not Frivaldo is a Filipino citizen.
RULING:
No. Section 117 of the Omnibus Election Code
provides that a qualified voter must be, among
other qualifications, a citizen of the Philippines,
this being an indispensable requirement for
suffrage under Article V, Section 1, of the
Constitution.