SUNGA vs.

COMELEC
288 SCRA 76

amended petition filed on May 11,1995 which was clearly filed

after the election mandates the dismissal of the disqualification
case.

Facts:
Petitioner was one of the candidates for the position of Mayor
in the Municipality of Iguig, Cagayan in the May 1995
Elections. Private respondent Trinidad was then the incumbent
Mayor, was a candidate for re-election in the same
municipality.
Sunga filed a complaint accusing Trinidad of violation of the
Omnibus Election Code for using threats, intimidation,
terrorism or other forms of coercion. Hearings were held
wherein Sunga adduced evidence while Trinidad opted not to
submit any evidence.
The election results showed that Trinidad garnered the highest
number of votes while Sunga trailed second.
The complaint filed by Sunga was denied by COMELEC
ruling that the petitions filed shall be deemed to be the

Issue: Whether or not COMELEC can hear and decide

disqualification cases against winning candidates even after the
election.
Held: The Supreme Court ruled that COMELEC is left with no
discretion but to proceed with the disqualification case even
after the election. The fact that Trinidad was already
proclaimed and has assumed the position of mayor did not
divest the COMELEC of authority and jurisdiction to continue
the hearing and eventually decide the disqualification case. The
fact that the candidate who obtained the highest number of
votes is later disqualified for the office to which he was elected
does not entitle the candidate who obtained the second highest
number of votes to be declared the winner of the elective
office. Hence, Sunga cannot claim the right to take the oath for
the mayoral office because the Local Government Code clearly
provides that in case of disqualification of the one proclaimed
for the said office, the vice-mayor shall assume office.