G.R. No. 157526 - EMILIANA TORAL KARE, VS. COMMISSION ON ELECTIONS. [G.R. NO. 157527.] SALVADOR K. MOLL, VS. COMMISSION ON ELECTIONS. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the petition is hereby GRANTED . It is affirmed that private respondent Salvador K. Moll is DISQUALIFIED from holding the office of the Mayor of Malinao, Albay. His proclamation as the winning candidate for such office is declared VOID AB INITIO . Consequently, the Provincial Election Supervisor of Albay is directed to immediately convene the municipal board of canvassers of Malinao, Albay and PROCLAIM petitioner Avelino Ceriola as the Mayor-Elect of the municipality. [1] In GR No. 157526, Petitioner Emiliana Toral Kare seeks the nullification of the March 19, 2003 Resolution insofar as it authorized the proclamation of Ceriola as the mayor-elect of Malinao. In GR No. 157527, Petitioner Moll prays for the annulment of the entire Resolution. The Facts Petitioner Moll and Private Respondent Ceriola were candidates for mayor of the Municipality of Malinao, Albay, during the elections of May 14, 2001. Moll obtained the highest number of votes cast for the position while Ceriola came in second, with a total of nine hundred eighty-seven (987) votes separating the two. Kare was elected vice mayor in the same election. On May 18, 2001, Ceriola filed a Petition to Confirm the Disqualification and/or Ineligibility of Dindo K. Moll to Run for Any Elective Position. The Petition alleged that the latter had been sentenced by final judgment to suffer the penalty of six (6) months of arresto mayor to one (1) year and nine (9) months of prision correccional, for the crime of usurpation of authority or official functions under Article 177 of the Revised Penal Code. In its May 28, 2001 Resolution, [2] the Comelec First Division dismissed the Petition. Ceriola filed his Motion for Reconsideration with the Comelec en banc which, on August 31, 2001, set aside the said Resolution. It thereafter directed the clerk of the Comelec to remand the Petition to the provincial election supervisor of Albay for hearing and reception of evidence. Ruling of the Comelec En Banc On March 19, 2003, after the provincial election supervisor of Albay submitted the report and recommendation, the Comelec en banc issued the questioned Resolution affirming Molls disqualification and proclaiming Ceriola as the mayor-elect of the municipality. As earlier adverted to, the Comelec ruled that Moll had indeed been disqualified from being a mayoral candidate in the May 14, 2001 local election, and that his subsequent proclamation as mayor was void ab initio. Consequently, he was disqualified from holding that office. The Comelec further ruled that the trial courts final judgment of conviction of Moll disqualified him from filing his certificate of candidacy and continued to disqualify him from holding office. Accordingly, the votes cast in his favor were stray or invalid votes, and Ceriola -- the candidate who had obtained the second highest number of votes -- was adjudged the winner. Thus, the Comelec ordered the Municipal Board of Canvassers to proclaim him