CAYAT V. COMELEC G.R. No.

163776 April 24, 2007

FACTS:

Fr.NardoCayat and Thomas Palileng are the only mayoralty candidates for the May 2004 elections in
BuguiasBenguet.

Palileng filed a petition for cancellation of the COC of Cayat on the ground of misrepresentation. Palileng argues that
Cayat misrepresents himself when he declared in his COC that he is eligible to run as mayor when in fact he is not
because he is serving probation after being convicted for the offense of acts of lasciviousness.

Comelec, granted the petition of Palileng and Cayat filed a motion for reconsideration. Such, MR was denied
because Cayat failed to pay the filing fee and hence, it was declared final and executory.

Despite this decision, Cayat was still proclaimed as the winner and Palileng filed a petition for annulment of
proclamation. Comelec declared Palileng as the duly elected mayor and FeliseoBayacsan as the duly elected vice
mayor.

Bayacsan argues that he should be declared as mayor because of the doctrine of rejection of second placer.

ISSUE:

WON the rejection of second placer doctrine is applicable.

HELD:

The doctrine cannot be applied in this case because the disqualification of Cayat became final and executory before
the elections and hence, there is only one candidate to speak of.

The law expressly declares that a candidate disqualified by final judgment before an election cannot be voted for, and
votes cast for him shall not be counted. As such, Palileng is the only candidate and the duly elected mayor.

The doctrine will apply in Bayacsansfavor, regardless of his intervention in the present case, if two conditions concur:
(1) the decision on Cayats disqualification remained pending on election day, 10 May 2004, resulting in the presence
of two mayoralty candidates for Buguias, Benguet in the elections; and (2) the decision on Cayats disqualification
became final only after the elections.