Agapito J. Cardino Vs. Commission on Elections En Banc and Roslina G. Jalosjos

Agapito J. Cardino Vs. Commission on Elections En Banc and Roslina G. Jalosjos

G.R. No. 216637

March 7, 2017

FACTS:

Jalosjos and Cardino both run for mayoral position in Dapitan City, Zamboanga in May 2010 election. Jalosjos was running for his 3rd term while Cardino tried his luck. Way before the election, Cardino filed a case against Jalosjos of denial of due course and cancellation of certificate of candidacy on the ground of false material representation, thus making his contender ineligible to run for the Office of Mayor. COMELEC decided in favor of the petition for disqualification. Jalosjos, even though won the election, was ousted from mayoralship. The COMELEC then intended to implement the LGC provisions on rules of succession.

Cardino, dissatisfied, argued that the COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction, And so, the present case file befor the SC.

ISSUE:

Whether or not the COMELEC erred in considering Sec 68 of the Omnibus Election Code rather than Secs 74 and 78 of the same Code.

RULLING:

The Supreme Court ruled that the perpetual special disqualification against Jalosjos arising from his criminal conviction by final judgement is a material fact involving eligibility-a proper ground for a petition under Sec 78 of OEC. Jalosjos’ certificate of candidacy was void ab initio and all votes casted in favor of him were strayed. As a result, Cardino being the sole qualified candidate actually garnered the highest number of votes for the position of Mayor. Cardino should be proclaimed as the winning candidate to the said position.