MELITON C. GERONIMO, petitioner, vs. JULIAN PENDRE, AND THE COMMISSION ON ELECTIONS,

Permanent Vacancy in the Office of the Governor, City or Municipal Mayor Rule

G.R. No. L-60591 May 14, 1985

MELITON C. GERONIMO, petitioner,
vs.
JULIAN PENDRE, AND THE COMMISSION ON ELECTIONS, respondents.

Facts:

On January 8, 1980, private respondent Julian Pendre filed a petition with the Commission on Elections (COMELEC) to disqualify petitioner Meliton C. Geronimo from running as a candidate for the mayorship of Baras, Rizal on the ground of political turncoatism.

After hearing the petition, the COMELEC on January 19. 1980 issued Resolution No. 8305 disqualifying Meliton C Geronimo. On January 22, 1980, Geronimo filed a motion to reconsider the said resolution, and on January 28, 1980 or two days before the elections, he filed with this Court a petition for certiorari to restrain the COMELEC from implementing its resolution. Or. the same day, this Court issued a temporary restraining order against the COMELEC.

In the elections of January 30, 1980, Geronimo obtained a margin of 325 votes when he garnered 2,695 votes as against his opponent Bayani Ferrera's 2,370 votes. On March 11, 1980, the COMELEC issued Resolution No. 9554, reinstating the proclamation made earlier by the Municipal Board of Canvassers of Baras, Rizal in favor of Geronimo as the winning candidate for mayor but the proclamation was declared temporary subject to the decision of this Court on the petition for certiorari filed by Geronimo.

On September 26, 1981, this Court rendered a decision in G.R. No. 52413, entitled "Meliton C. Geronimo v. Commission on Elections and Julian C. Pendre", dismissing the petition for certiorari and ordering the lifting of the restraining order of January 28, 1980. We ruled that Geronimo was disqualified to run as a candidate for mayor for being a political turncoat. The petitioner filed a motion for reconsideration but it was denied with finality on January 19, 1982.

On February 15, 1982, the COMELEC issued the questioned resolution No. 82-428 which set aside the temporary proclamation of Geronimo "it appearing that the disqualification of said respondent Geronimo had been finally decided by the Supreme Court ..." and which further provided for the following:

1. To declare the certificate of candidacy of Meliton C. Geronimo for the position of Mayor in the January 30, 1980 elections null and void from the beginning;

2. To declare all votes cast for Meliton C. Geronimo for Mayor in the January 30, 1980 elections as "STRAY" votes;

3. To proclaim Bayani A. Ferrera, who garnered 2,370 votes, as the duly elected Mayor of Baras, Rizal in the January 30, 1980 elections:

4. To direct Meliton C. Geronimo to turn over to Bayani A. Ferrera the position and office of Municipal Mayor of Baras, Rizal.

The petitioner maintains that the COMELEC exceeded its power and jurisdiction when it proclaimed Bayani A. Ferrera as mayor of Baras, Rizal, in spite of the fact that he did not obtain the plurality of votes in the January 30, 1980 municipal elections.

Issue:

            Whether or not the COMELEC committed a grave error when it proclaimed the defeated candidate, Bayani Ferrera, elected to the office of mayor.

Held:

           

Yes. Sound policy dictates that public elective offices are filled by those who have received the highest number of votes cast in the election for that office, and it is a fundamental idea in all republican forms of government that no one can be declared elected and no measure can be declared carried unless he or it receives a majority or plurality of the legal votes cast in the election. (20 Corpus Juris 2nd, S 243, p. 676.)

Section 48 of the Local Government Code, Batas Pambansa Big. 337, which provides:

SEC. 48. Permanent Vacancy in the Office of the Governor, City or Municipal Mayor.. — (l) In case a permanent vacancy arises when a governor, city or municipal mayor refuses to assume office, fails to qualify, dies or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office, the vice-governor, city or municipal vice-mayor, as the case may be, shall assume the office for the unexpired term of the former.

xxx xxx xxx

It is, therefore, patent that the COMELEC committed a grave error when it proclaimed the defeated candidate, Bayani Ferrera, elected to the office of mayor. After the ineligibility of Geronimo had been ascertained and after his proclamation was set aside, the COMELEC should have proclaimed the vice-mayor as entitled to the office and not Ferrera who failed to obtain the plurality of votes in the election.

The resolution of the Commission on Elections proclaiming Bayani A. Ferrera duly elected mayor of Baras, Rizal is SET ASIDE. A permanent vacancy having arisen in the Office of Mayor, the vice-mayor shall assume the office after taking his oath and qualifying.