PARILLA, MAY ANN C.

LLB 2-1

G.R. No. 193237

ELECTION LAW
MONDAYS/CW8

October 9, 2012

DOMINADOR G. JALOSJOS, JR VS. COMMISSION ON ELECTIONS

Facts:
The COMELEC found Jalosjos, then Mayor of Dapitan City, guilty of false material
representation in his certificate of candidacy when he declared under oath that he was
eligible to be re-elected for the May 2010 election. His opponent, Agapito J. Cardino, filed
this disqualification case against him. Based on the evidence adduced by Cardino,
Jalosjos was charged with robbery and was convicted of the same, yet did not served his
sentence due to a falsified certification issued by the then Administrator of Parole and
Probation Administration. COMELEC ordered the cancellation of Jalosjos certificate of
candidacy and removal from his present office as Mayor of Dapitan City. COMELEC also
ordered that the provisions of the Local Government Code on succession should apply.

Issue:
Whether or not there was grave abuse of discretion committed by COMELE in issuing the
abovementioned orders.

Held:
Contentions are partly meritorious.
Although the order issued by COMELEC was anchored on the wrong section of the
Omnibus Election Code, the Court opined that the Commission must not be precluded to
settle the issue as it is constitutionally bound to decide on such. A void certificate of
candidacy on the ground of ineligibility can never give rise to a valid candidacy, and
much less to valid votes. So whether his certificate of candidacy is cancelled before or
after the elections is immaterial because it only entails that his candidacy was invalid
from the very beginning, being void ab initio.To wit, there were only two candidates
during the 2010 election, Cardino and Jalosjos, wherein the latter is no longer qualified to
run, leaving Cardino the only qualified candidate for the said position. But again
COMELEC committed an error in applying Section 68 of the Omnibus Election Code and

PARILLA, MAY ANN C.

ELECTION LAW
LLB 2-1
MONDAYS/CW8
apply the rule on succession under the Local Government Code. Cardino should be
proclaimed winner because the certificate of candidacy of Jalosjos is void ab initio, which
has no legal effect to produce. All votes for such non-candidate are stray votes and
should not be counted. Jalosjos could never be then considered a first-placer. Otherwise,
a certificate of candidacy void ab initio can operate to defeat one or more valid
certificates of candidacy for the same position.