Effect of Disqualification working draft as of January 10, 2016

Alberto C. Agra Ateneo Law School

Succession/ Special Elections 2nd Placer Assumes

Panlaqui vs. Benito vs. Lanot vs. Cayat vs. Maquiling vs. Jalosjos vs. Federico vs. Hayudini vs. Aratea v.
Comelec Comelec Comelec Comelec Comelec Comelec Comelec Comelec Comelec
G.R. No. 188671 106053 164858 163776 195649 193237 199612 207900 195229
Elections May 14, 2007 May 11, 1992 May 10, 2004 May 10, 2004 May 11, 2010 May 11, 2010 May 10, 2010 May 13, 2013 May 10, 2010
Decided 2010 2001 2006 2007 2013 2012 2013 2014 2012
Candidates Velasco Benito Eusebio Cayat Arnado Jalosjos Federico Hayudini Lonzanida
Panlaqui Ogca Lanot Palileng Maquiling Cardino (substituting Omar Antipolo
Edna Sanchez)
Maligaya
Position Mayor
Ground for Lack of Residency Death Premature Conviction of a Citizenship Conviction of a Invalid Lack of Residency Violation of 3-
DQ campaigning criminal offense criminal offense substitution (late term Limit
involving moral involving moral filing)
turpitude turpitude
When DQ 2007 N/A March 19, 2004 2004 April 28, 2010 December 6, May 7, 2010 October 15, 2012 December 8,
case filed 2009 2009
When case 2008 (after N/A (died after November 16, April 17, 2004 April 16, 2013 August 11, 2010 January 22, 2013 July 10, 2013 (after August 11, 2010
resolved elections) elections) 2006 (after (before elections) (after elections) (after elections) (after elections) elections) (after elections)
elections)
March 8, 2013 -
RTC decision
deleting
Hayudini from
the voters’ list.
Outcome of Velasco won Ogca won, but Eusebio won Cayat won Arnado won Jalosjos won “Edna Sanchez” Hayudini won Lonzanida won
Elections died on May 22, Palileng 2nd place. Maquiling 2nd Cardino 2nd place won Omar 2nd place Antipolo 2nd
1992. place. (Aratea – Vice)
Summary Since Velasco’s When a Eusebio is not Cayat’s Arnado is not a If COC is void ab Votes garnered Hayudini was Antipolo, the
of SC disqualification candidate who disqualified. disqualification Filipino citizen. initio, then by Sanchez could never a valid alleged "second
Ruling as a candidate obtained highest Votes in favor of became final on Arnado's person who filed not be credited to candidate since placer," should be
did not become number of votes candidate who 17 April 2004, disqualification such void COC Federico as he his inclusion as proclaimed
final before the dies, or obtained the prior to the reaches back to was never a was never a voter was denied Mayor because
elections, disqualified or highest number elections. His filing of COC. candidate. If COC legitimate with finality. Lonzanida’s
 Succession/ Special Elections 2nd Placer Assumes
COMELEC declared not of votes, against proclamation is Votes cast in his void ab initio is candidate. Votes cast for certificate of
properly applied eligible, whom a petition void. favor should not cancelled on the Invalid him stray votes. candidacy was
the rule on succession for have been day, or before or substitution due COMELEC void ab initio.
succession. applies. disqualification The doctrine on counted. after election, all to invalid properly This was
was filed before the rejection of Maquiling is only votes for that proclamation. No proclaimed established on
the election, the 2nd placer qualified candidate are succession. Omar, who election day.
presumed cast in does not apply candidate who stray. No garnered the
the belief that he because Palileng obtained the succession. highest number
was qualified. 2nd is not a 2nd placer highest number of votes among
placer cannot be but the only of votes. No the remaining
declared elected. placer. succession. qualified
candidates.