HAYUDINI V COMELEC

HAYUDINI v.
COMELEC, GR 207900 (2014)

- October 5, 2012, Hayudini filed his CoC for the position of Municipal Mayor of South Ubian, Tawi-
Tawi in the May 13, 2013 National and Local Elections held in ARMM. Ten days after, or on October
15, 2012, Mustapha J. Omar (Omar) filed a Petition to Deny Due Course or Cancel Hayudini’s CoC.
asserted that Hayudini should be disqualified for making false representation regarding his residence.
He claimed that Hayudini declared in his CoC that he is a resident of the Municipality of South Ubian
when, in fact, he resides in Zamboanga City.
- 2012, Hayudini filed a Petition for Inclusion in the Permanent List of Voters in Barangay Bintawlan,
South Ubian before the Municipal Circuit Trial Court (MCTC). Despite the opposition of Ignacio
Aguilar Baki, the MCTC granted Hayudini’s petition on January 31, 2013. On that same day, the
COMELEC’s First Division dismissed Omar’s earlier petition to cancel Hayudini’s CoC
- Oppositor Baki, subsequently, elevated the case to the Bongao RTC which reversed the MTC
- May 13, 2013, Hayudini won the mayoralty race in South Ubian, Tawi-Tawi. He was proclaimed
and, consequently, took his oath of office.
- June 20, 2013, the COMELEC Second Division issued a Resolution granting Omar’s second petition
to cancel Hayudini’s CoC: “proclamation of respondent GAMAL S. HAYUDINI is hereby declared
null and void and without any legal force and effect. SALMA A. OMAR is hereby proclaimed as the
duly-elected Mayor for South Ubian”
Issue: WON Hayudini’s COC should be canceled?
Held: Yes.
Given the finality of the RTC decision, the same should be considered a valid supervening event. A
supervening event refers to facts and events transpiring after the judgment or order had become
executory. These circumstances affect or change the substance of the judgment and render its
execution inequitable. The RTC decision becomes final and executory and the COMELEC decision is
based on such.
- The same ruling adequately equipped Omar with the necessary ground to successfully have
Hayudini’s CoC struck down. Under the rules, a statement in a certificate of candidacy claiming that a
candidate is eligible to run for public office when in truth he is not, is a false material representation, a
ground for a petition under Section 74 and 78 of the Omnibus Election Code.
- What petitioner seems to miss, however, is that the nullification of his proclamation as a winning
candidate is also a legitimate outcome − a necessary legal consequence − of the cancellation of his
CoC pursuant to Section 78. A CoC cancellation proceeding essentially partakes of the nature of a
disqualification case. The cancellation of a CoC essentially renders the votes cast for the candidate
whose certificate of candidacy has been cancelled as stray votes. If the disqualification or CoC
cancellation or denial case is not resolved before the election day, the proceedings shall continue even
after the election and the proclamation of the winner. Meanwhile, the candidate may be voted for and
even be proclaimed as the winner, but the COMELEC's jurisdiction to deny due course and cancel his
or her CoC continues. This rule likewise applies even if the candidate facing disqualification has
already taken his oath of office.
- It bears stressing that one of the requirements for a mayoralty candidate is that he must be a resident
of the city or municipality where he intends to be elected.
- Finally, contrary to Hayudini's belief, the will of the electorate is still actually respected even when
the votes for the ineligible candidate are disregarded. The votes cast in favor of the ineligible
candidate are not considered at all in determining the winner of an election for these do not constitute
the sole and total expression of the sovereign voice. On the other hand, those votes for the eligible and
legitimate candidates form an integral part of said voice, which must equally be given due respect , if
not more.
- WHEREFORE, the petition is DISMISSED. COMELEC AFFIRMED

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COMELEC, GR 207900 (2014)

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