of candidacy were valid at the time of the filing
"but subsequently had to be cancelled because of a
violation of law that took place, or a legal
impediment that took effect, after the filing of the
certificate of candidacy."
The rule on succession under Section 45, however,
would not apply if the permanent vacancy was
caused by one whose certificate of candidacy was
void
ab initio
. Specifically with respect to dual
citizens, their certificates of candidacy are void
ab
initio
because
they
possess
"a
substantive
[disqualifying circumstance] . . . [existing] prior to
the filing of their certificate of candidacy." Legally,
they should not even be considered candidates. The
votes casted for them should be considered stray
and should not be counted.
In cases of vacancies caused by those with void
ab
initio
certificates of candidacy, the person legally
entitled to the vacant position would be the
candidate who garnered the next highest number
of votes among those eligible.
In this case, it is
private respondent Bacani who is legally entitled to
the position of Councilor, having garnered the sixth
highest number of votes among the eligible
candidates. The Commission on Elections correctly
proclaimed private respondent Bacani in lieu of
petitioner. (
Chua v. Commission on Elections
, G.R.
No. 216607, April 5, 2016)
Pre-Proclamation Controversies
The petition filed by Ludovico against Labao, Jr.
before the COMELEC, docketed as SPA Case No.
13-294 (DC), is not a pre-proclamation controversy.
The Omnibus Election Code (OEC) clearly defines
the
term
"pre-proclamation
controversy."
Pertinently, Section 241 thereof provides as follows:
Sec, 241.
Definition
. - A pre-proclamation
controversy
refers
to
any
question
pertaining
to
or
affecting
the
proceedings of the board of canvassers
which may be raised by any candidate
or by any registered political party or
coalition of political parties before the
board or directly with the Commission,
or any matter raised under Sections
233,234,235 and 236 in relation to the
preparation,
transmission,
receipt,
custody
and
appreciation
of
the
election returns.
(
Emphasis supplied
.)
Sections 233 to 236 of the OEC read:
Sec. 233.
When the election returns are
delayed, lost or destroyed.
- In case its
copy of the election returns is missing,
the
board
of
canvassers
shall,
by
messenger or otherwise, obtain such
missing election returns from the board
of election inspectors concerned, or if
said returns have been lost or destroyed,
the board of canvassers, upon prior
authority of the Commission, may use
any of the authentic copies of said
election returns or a certified copy of
said election returns issued by the
Commission, and forthwith direct its
representative to investigate the case
NOTES ON POLITICAL LAW
Excerpts from the 2016 Decisions of the Supreme Court
by
Atty. C
ARLO
L
.
