Benito vs Comelec 2

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Republic of the Philippines

SUPREME COURT

Manila

EN BANC

G.R. No. 106053 August 17, 1994

OTTOMAMA BENITO, petitioner,

vs.

COMMISSION ON ELECTIONS, ABALA!E M. PAGRANGAN, "#$ t%& '&()s o* t%& &+&"s&$

M"o)"-t C"#$($"t& MURA ISMEN SAMPIANO OGCA, )&/)&s&#t&$ CABILI

SAMPIANO, respondents.

Pedro Q. Quadra and Macarupung B. Dibaratun for petitioner.

Mangurun B. Batuampar and Romaraban D. Macabantog for private respondents.

APUNAN, J.:

This special civil action for certiorari seeks to set aside the followin resolutions of respondent

Co!!ission on Elections "C#ME$EC%, viz: "a% Resolution dated &une '', '(() in *PA No. ()+'-

and *PA No. ()+' den/in the Motion to *uspend the Procla!ation of Murad 0is!en *a!piano

#ca in the event that he is elected !a/or of Balabaan, $anao del *ur1 "b% Resolution dated &une)(, '(() in *PC No. ()+232 directin the Municipal Board of Canvassers of Balabaan, $anao del

*ur to proclai! the candidate who obtained the hihest nu!ber of votes durin the Ma/ '', '(()

election as the winner for the contested office1 and "c% Resolution dated &ul/ 4, '(() in *PC No. ()+

'42, *PC No. ()+232, and *PC No. ()+2- declarin the procla!ation of #tto!a!a Benito as

winnin candidate for !a/or of Balabaan, $anao del *ur null and void and of no force and effect. 5n

the last resolution, the Municipal Board of Canvassers was likewise directed to set aside the

certificate of canvass and procla!ation and to prepare a new certificate of canvass indicatin therein

that the winnin candidate for !a/or is 6ad7i Murad #ca but placin the infor!ation that he died on

Ma/ )3, '(() for the purpose of appl/in the rule on leal succession to office pursuant to *ection

of R. A. -'43.

Petitioner assails the above+!entioned resolutions on the round that the/ were issued without

7urisdiction and8or with rave abuse of discretion a!ountin to lack of 7urisdiction.

The facts of the case are as follows9

Petitioner #tto!a!a Benito and the deceased 6ad7i Murad 0is!en *a!piano #ca were

candidates for !a/or in the !unicipalit/ of Balabaan, $anao del *ur in the Ma/ '', '(() election.



#n Ma/ ', '((), Co!!ission on Elections "C#ME$EC% :eput/ for Balabaan, $anao del *ur,

*ultan 0isa :. Mikunu filed a petition for dis;ualification aainst Murad 0is!en *a!piano #ca.

Mikunu alleed that at around five o<clock in the afternoon of April )=, '((), while inside a billiard

hall, #ca asked hi! to work for the for!er<s re+election. 6owever, when Mikunu refused, #ca

struck hi! on the head with a billiard cue. 1

#n Ma/ 4, '((), the C#ME$EC referred the dis;ualification petition to its $aw :epart!ent for

investiation. 5n turn, the $aw :epart!ent referred the sa!e to the :irector of the #ffice of the Reional

Election :irector of Cotabato Cit/ for investiation. 3

#n &une '3, '((), the Reional Election :irector of Cotabato Cit/ issued a resolution statin that

there was a prima facie case aainst #ca and that the latter was probabl/ uilt/ of the chares in

the petition for dis;ualification. 4

Thereafter, nothin !ore was heard of the petition for dis;ualification.

5n the !eanti!e, on Ma/ )3, '((), candidate #ca was killed in an a!bush while returnin ho!efro! the residence of $anao del *ur >overnor *aida!en Panarunan in Marawi Cit/.

#n the sa!e date, petitioner, probabl/ not aware of the death of his opponent, filed a !otion to

suspend the procla!ation of #ca as elected !a/or of Balabaan, $anao del *ur, contendin that

there was stron evidence of uilt aainst hi! in the dis;ualification case. 5

Resolvin the !otion to suspend procla!ation, the C#ME$EC, on &une '', '((), denied the sa!e

statin that Murad 0is!en *a!piano #ca was dead, hence, his procla!ation as winner was

essential to pave the wa/ for succession b/ the ?ice+Ma/or+elect as provided for in *ection of the

$ocal >overn!ent Code of '((' "R. A. -'43%. 6

Meanwhile, the Municipal Board of Canvassers when asked to e@clude fro! tall/in, countin and

canvassin all votes for and in the na!e of deceased !a/oralt/ candidate #ca, ruled, on Ma/ 23,

'((), that9

'. The Board shall continue countin8tabulatin all the votes cast for

deceased Ma/oralt/ Candidate Murad 0. *. #ca and ?ice Ma/oralt/

Candidate Cadal $uks in the *tate!ent of ?otes b/ Municipalit/8Precinct "CE

or! No. )3+A% for purposes of records onl/ and for the reference and

uidance of the Co!!ission on Elections, but it shall not include the!

":eceased Candidates% in the Certificate of Canvass and Procla!ation of

winnin candidates "CE or! No. )% in case the/ won "sic%, it bein !ootand acade!ic.

). The Board shall e@clude the na!es of the deceased Ma/oralt/ candidate

Murad 0. *. #ca and ?ice Ma/oralt/ candidate Cadal $uks fro! the list of

the LIVIN candidates includin the votes obtained b/ the! ":eceased

Candidates%, considerin that their deaths are of public knowlede and

ad!itted b/ both parties, and thereafter proclai! the winnin candidates for



Municipal #fficials, sub7ect to the confir!ation of the Co!!ission on

Elections. 7

#n &une , '((), herein private respondents appealed the above rulin to the C#ME$EC pra/in

that the Municipal Board of Canvassers be en7oined fro! i!ple!entin its rulin and that it be

directed to ascertain the results of the elections and to proclai! the candidate obtainin the hihestnu!ber of votes as the winner. 2

#n &une )(, '((), the C#ME$EC resolved to direct the Municipal Board of Canvassers of

Balabaan, $anao del *ur to proclai! as winner for the contested office the candidate who obtained

the hihest nu!ber of votes durin the Ma/ '', '(() election. 9

#n &une 23, '(() at two o<clock in the afternoon, the Municipal Board of Canvassers proclai!ed

petitioner #tto!a!a Benito as the dul/ elected !a/or of the !unicipalit/ of Balabaan, $anao del

*ur. 10

#n &ul/ ', '((), the Election Reistrar and Chair!an of the Board of Canvassers of Balabaan,$anao del *ur sub!itted a !e!orandu! to the C#ME$EC infor!in it that the Board of Canvassers

of Balabaan had proclai!ed #tto!a!a Benito as !a/or+elect of the said town.

#n &ul/ ), '((), petitioner took his oath of office before *ecretar/ of 5nterior and $ocal >overn!ent

Rafael Alunan 555. 11

#n &ul/ 4, '((), the C#ME$EC issued a resolution declarin the procla!ation of petitioner an

absolute nullit/ and of no force and effect. The certificate of canvass and procla!ation was set

aside. The Municipal Board of Canvassers was likewise directed to prepare a new certificate of

canvass indicatin therein that the winnin candidate for !a/or was 6ad7i Murad #ca but with the

infor!ation, in parenthesis, that he died on Ma/ )3, '((), for the purpose of appl/in the rule onleal succession to office pursuant to *ection of R. A. No. -'43. 1

6ence, the instant petition.

Petitioner faults the C#ME$EC with lack of 7urisdiction and8or with rave abuse of discretion

a!ountin to lack of 7urisdiction for the followin reasons, viz:

@@@ @@@ @@@

C#ME$EC 6A* N# &R5*:5CT5#N #?ER *PC N#. ()+ 232. T6AT &NE

)(, '(() RE*#$T5#N 5* N$$ AN: ?#5: !B INI"I#

@@@ @@@ @@@

T6E C#ME$EC RE*#$T5#N # &$ 4, '(() DANNE AF 5* A$*# N$$

AN: ?#5: BECA*E T6E C#ME$EC 6A* N# &R5*:5CT5#N. 5T GA*

A$*# 5**E: 5N ?5#$AT5#N # :E PR#CE** # $AG.



@@@ @@@ @@@

T6E 5NTER$#CT#R #R:ER # &NE '', '(() 5**E: 5N *PA N#*.

()+'- AN: ()+'4 "sic% :EN5N> T6E M#T5#N T# **PEN:

PR#C$AMAT5#N GA* 5**E: G5T6 >RA?E AB*E # :5*CRET5#N

AM#NT5N> T# $AC0 # &R5*:5CT5#N.

13

The petition !ust fail.

The procla!ation of petitioner #tto!a!a Benito as !a/or+elect of Balabaan, $anao del *ur, b/ the

Municipal Board of Canvassers was not a valid procla!ation. 5t appears fro! the record that durin

the Ma/ '', '(() election, the deceased !a/oralt/ candidate Murad *a!piano #ca obtained a

total of 2,4(( votes as aainst petitioner<s ),4. Thereupon, it was the dut/ of the Municipal Board

of Canvassers to proclai! as winner the candidate who obtained the hihest nu!ber of votes.

6owever, the Municipal Board of Canvassers, instead of perfor!in what was incu!bent upon it,

that is, to proclai! #ca as the winner but with the infor!ation that he died, to ive wa/ to leal

succession to office, went on to proclai! herein petitioner, the candidate who obtained the secondhihest nu!ber of votes as winner, believin that the death of #ca rendered his victor/ and

procla!ation !oot and acade!ic. 14This cannot be countenanced.

5n ever/ election, the people<s choice is the para!ount consideration and their e@pressed will !ust,

at all ti!es, be iven effect. Ghen the !a7orit/ speaks and elects into office a candidate b/ ivin

hi! the hihest nu!ber of votes cast in the election for that office, no one can be declared elected in

his place.

The fact that the candidate who obtained the hihest nu!ber of votes dies, or is later declared to be

dis;ualified or not eliible for the office to which he was elected does not necessaril/ entitle the

candidate who obtained the second hihest nu!ber of votes to be declared the winner of theelective office. 15 or to allow the defeated and repudiated candidate to take over the !a/oralt/ despite

his re7ection b/ the electorate is to disenfranchise the electorate without an/ fault on their part and to

under!ine the i!portance and !eanin of de!ocrac/ and the people<s riht to elect officials of their

choice. 16

5t is petitioner<s further sub!ission that the appeal filed b/ the heirs of the deceased !a/oralt/

candidate fro! the Ma/ 23, '(() rulin of the Balabaan Municipal Board of Canvassers was filed

out of ti!e, the sa!e havin been sub!itted a da/ late. Records bear out that herein private

respondents filed their appeal fro! the Ma/ 23, '(() rulin onl/ on &une , '((), in violation of

*ection '( of Republic Act No. -'44, which provides that a part/ adversel/ affected b/ a rulin of the

Board of Canvassers !ust appeal the sa!e to the Co!!ission within three "2% da/s fro! the said

rulin. 6owever, adherence to a technicalit/ here would put a sta!p of validit/ on petitioner<s

palpabl/ void procla!ation, with the inevitable result of frustratin the popular will. Ad7udication of

cases on substantive !erits and not on technicalities has been consistentl/ observed b/ this Court.

5n the case of $u%iano vs. &ourt of !ppea%s 17 cited in Duremdes vs. &ommission on '%ections, 12 this

Court had the occasion to declare that9



Gell+settled is the doctrine that election contests involve public interest, and

technicalities and procedural barriers should not be allowed to stand if the/

constitute and obstacle to the deter!ination of the true will of the electorate

in the choice of their elective officials. And also settled is the rule that laws

overnin election contests !ust be liberall/ construed to the end that the

will of the people in the choice of public officials !a/ not be defeated b/ !eretechnical ob7ections. ">ardiner v. Ro!ulo, )4 Phil. )'1 >alan v. Miranda,

2 Phil. )4(1 &alandoni v. *arcon, >. R. No. $+4(4, &anuar/ )-, '(4)1

Macasundin v. MacalaHan, >. R. No. $+))--(, March 2', '(41 Cauton v.

Co!!ission on Elections, >. R. No. $+)4-, April )-, '(4-%. 5n an election

case the court has an i!perative dut/ to ascertain b/ all !eans within its

co!!and who is the real candidate elected b/ the electorate "5basco v. 5lao,

>. R. No. $+'-'), :ece!ber )(, '(43%. . . . 19

5n the later case of Rodriguez vs. &ommission on '%ections, 0 this doctrine was reiterated and the

Court went on to state that9

*ince the earl/ case of ardiner v. Romu%o ")4 Phil. )'%, this Court has

!ade it clear that it frowns upon an/ interpretation of the law or the rules that

would hinder in an/ wa/ not onl/ the free and intellient castin of the votes

in an election but also the correct ascertain!ent of the results. This bent or

disposition continues to the present. 1

The sa!e principle still holds true toda/. Technicalities of the leal rules enunciated in the election

laws should not frustrate the deter!ination of the popular will.

Ghere, as in this case, the procla!ation is null and void, the sa!e is no procla!ation at all and the

proclai!ed candidate<s assu!ption of office does not deprive the C#ME$EC of the power to declaresuch nullit/ and annul the procla!ation.

Conse;uentl/, petitioner<s contention that the Co!!ission on Elections had no 7urisdiction to resolve

the appeal filed b/ herein private respondents turns to nauht. The said appeal, thouh filed a da/

too late, was not frivolous. Neither was it interposed for dilator/ purposes. 5t souht to ive effect, not

to frustrate, the will of the people. Therefore, we declare the ;uestioned resolutions dated &une )(,

'(() and &ul/ 4, '(() of the public respondent valid and effective.

inall/, the resolution of the C#ME$EC dated &une '', '(() den/in the petitioner<s !otion to

suspend procla!ation of deceased candidate #ca is likewise assailed. Petitioner arues that the

votes for deceased #ca should not have been counted based on *ection 4 of R. A. No. 443. Thisprovision, however, applies onl/ to candidates who have been declared b/ finall/ 7ud!ent to be

dis;ualified. 5n the present case, there is no final 7ud!ent declarin the deceased #ca

dis;ualified, hence, the provision does not cover hi!.

G6ERE#RE, pre!ises considered, the instant petition is hereb/ :5*M5**E: for lack of !erit.

*# #R:ERE:.



Narvasa( &.$.( )e%iciano( Padi%%a( Bidin( Rega%ado( Davide( $r.( Romero( Me%o( Quiason( Puno( Vitug(

and Mendoza( $$.( concur.

&ruz and Be%%osi%%o( $$.( is on officia% %eave.

oot#ot&s

' Ro%%o( pp. 22+2-.

) Id ., at pp. )+2.

2 Id ., at p. (.

Id ., at p. '.

Id ., at pp. +4.

4 Id ., at pp. 23+2).

- Id ., at p. '.

= Id ., at pp. )+-.

( Id ., at pp. )4+)(.

'3 Id ., at pp. -1 -(+=3.

'' Id ., at p. ='.

') Id ., at pp. ))+).

'2 Id ., at pp. ''+'4.

' Id ., at p. '.

' Labo( $r.( vs. &ommission on '%ections( )'' *CRA )(-, 23=+23(1 !be%%a vs.

&ommission on '%ections( )3' *CRA )2, )-+)-41 eronimo vs. Ramos( '24*CRA 2, -.

'4 Bade%%es vs. &abi%e( )- *CRA ')'.

'- )3 *CRA =3=.

'= '-= *CRA -4.



'( $u%iano vs. &ourt of !ppea%s( supra, pp. ='=+='(.

)3 ''( *CRA 4.

)' Id ., at p. -.

)) Duremdes vs. &ommission on '%ections( supra, and !guam vs. &ommission on

'%ections( )2 *CRA ==2.

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Benito vs Comelec 2