Digest edna sanchez edna and private respondent

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DIGEST: Edna Sanchez (Edna) and private respondent Osmundo M. Maligaya (Maligaya) were candidates for the position of municipal mayor of Sto. Tomas, Batangas, in the May 10, 2010 Automated National and Local Elections. Maligaya was the Liberal Party’s official mayoralty candidate. On April 27, 2010, Armando Sanchez, husband of Edna and the gubernatorial candidate for the province of Batangas, died. Two days later, or on April 29, 2010, Edna withdrew her Certificate of Candidacy (COC) for the position of mayor. She then filed a new COC and the corresponding Certificate of Nomination and Acceptance (CONA) for the position of governor as substitute candidate for her deceased husband. On May 5, 2010, petitioner Renato M. Federico (Federico) filed with the Office of the Election Officer of Sto. Tomas, Batangas, his COC and CONA as official candidate of the Nationalista Party and as substitute candidate for mayor, in view of the withdrawal of Edna. On May 7, 2010, the Comelec Law Department referred the Affidavit of Withdrawal, the COC and the CONA of Edna, as substitute candidate for her late husband, and those of Federico, as substitute candidate for her, to the Comelec En Banc for its consideration. On the same day, May 7, 2010, Maligaya filed his Petition to Deny Due Course and to Cancel Certificate of Candidacy of Federico before the Comelec, docketed as SPA No. 10-137 (DC). Maligaya sought to have Federico declared ineligible to run as substitute candidate for Edna because the period to file the COC for substitute candidates had already lapsed after December 14, 2009, pursuant to Section 13 of Comelec Resolution No. 8678. In Resolution No. 8889, dated May 8, 2010, the COMELEC En Banc gave due course to the COC of Edna as substitute gubernatorial candidate in the Batangas province and to that of Federico as substitute mayoralty candidate in Sto. Tomas. By that time, however, the official ballots had already been printed. Expectedly,
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POLITICAL LAW CASE DIGESTS 98 on May 10, 2010, the day of elections, the name "SANCHEZ, Edna P." was retained in the list of candidates for Mayor of Sto. Tomas, and garnered the highest number of votes - 28,389 against Maligaya’s 22,577 votes. On May 11, 2010, the Municipal Board of Canvassers (MBOC) printed the Certificate of Canvass of Votes and Proclamation of Winning Candidates (COCVP) showing "SANCHEZ Edna P." as the winning mayoralty candidate This action of MBOC prompted Maligaya to file his Petition to Annul Proclamation of Respondent Edna Sanchez, docketed as SPC No. 10-022, on May 20, 2010. This petition was, however, later withdrawn, as agreed upon by the parties, and the case was dismissed by the Comelec First Division. A second print-out of the COCVP was issued by the MBOC bearing the same time and date with the same number of votes garnered by Edna being credited to Federico.
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