To stress the vacancy in the mayoralty race in sto

Info icon This preview shows pages 102–105. Sign up to view the full content.

View Full Document Right Arrow Icon
To stress, the vacancy in the mayoralty race in Sto. Tomas, Batangas, was due to the withdrawal of Edna as mayoralty candidate, not due to the death of Armando Sanchez. Accordingly, the Court agrees with the OSG that Resolution No. 8889 was void as it was in contravention of the guidelines set forth under Resolution No. 8678. With respect to Federico, it cannot be regarded as a valid source of any right, like the right to be voted for public office. Indeed, a void judgment can never be final and executory and may be assailed at any time. "Where a proclamation is null and void, the proclamation is no proclamation at all and the proclaimed candidate's assumption of office cannot deprive the Comelec of the power to declare such nullity and annul the proclamation” Without question, the votes garnered by Edna could not be credited to Federico as he was never a legitimate candidate. As there was an invalid substitution, there could not be a valid proclamation. In effect, the second COCVP in his name had no legal basis. Maligaya became aware of the issuance of the second COCVP in favor of Federico only on May 27, 2010. From that day, he had ten (10) days to question the dubious proceeding in the MBOC under Section 6 of Resolution No. 8804. Considering that Maligaya filed his petition to annul Federico’s May 10, 2010 proclamation on June 1, 2010, it was indeed filed on time. Accordingly, the Comelec did not abuse its discretion when it annulled the actions of the MBOC and the proclamation of Federico. Such exercise is within its powers under the law to administer and enforce election laws. As Federico's substitution was not valid, there was only one qualified candidate in the mayoralty race in Sto. Tomas, Batangas Maligaya. Being the only candidate, he received the highest number of votes. Accordingly, he should be proclaimed as the duly elected mayor in the May 10,2010 elections. Considering that Maligaya was the winner, the position of Intervenor Silva that he be considered the legal successor of Federico,
Image of page 102

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
POLITICAL LAW CASE DIGESTS 102 whom he claims failed to qualify, has no legal basis. There is simply no vacancy. When there is no vacancy, the rule on succession under Section 44 of the LGC cannot be invoked.
Image of page 103
POLITICAL LAW CASE DIGESTS 103 CHATO v. HRET G.R.No. 199149; January 22, 2013 Perlas-Bernabe, J. DOCTRINE: ---Election law; Automated Election System; Paper-based election; official ballots; Section 2(3) of R.A. No. 9369 defines "official ballot" where AES (Automated Election System) is utilized as the "paper ballot, whether printed or generated by the technology applied, that faithfully captures or represents the votes cast by a voter recorded or to be recorded in electronic form." There are two-types of AES identified under R.A. No. 9369: (1) paper-based election system; and (2) direct recording system such as the one adopted during the May 10, 2010 elections, is the type of AES that “use paper ballots, records and counts votes, tabulates, consolidates/canvasses and transmits electronically the results of the vote count.” We agree, therefore with both the HRET and
Image of page 104

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 105
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern