G.R. No. 135691 - EMMANUEL SINACA, VS. MIGUEL MULA AND COMMISSION ON ELECTIONS.

Ruling

WHEREFORE, premises considered, the Commission (Second Division) RESOLVES to DISMISS the instant petition for lack of merit. MULA filed a motion for reconsideration raising in the main that the signature alone of MATUGAS in the nomination was not sufficient because the partys authority to nominate was given to both MATUGAS and Senator Robert S. Barbers (hereafter BARBERS), in their joint capacity, and that the nomination of EMMANUEL is void since he was an independent candidate prior to his nomination. [8] On 6 October 1998, the COMELEC en banc issued a Resolution [9] which set aside the resolution dated 28 May 1998 of the Second Division and disqualified EMMANUEL, for the following reasons: In the motion for reconsideration, petitioner argues that the signature only of Governor Matugas in the nomination was not sufficient because the partys authority to nominate was given to both Governor Matugas and Senator Robert Barbers, in their joint capacity. We do not have to resolve this issue because the more important issue is whether respondent is disqualified as a substitute candidate. He was an independent candidate for councilor at the time he filed his certificate of candidacy for mayor as a substitute of a disqualified candidate. Thus, he did not belong to the same political party as the substituted candidate. We sustain petitioners position. We declare that the substitution of disqualified mayoralty candidate Teodoro F. Sinaca, Jr. by respondent Emmanuel D. Sinaca was not valid because the latter was an independent candidate for councilor prior to his nomination as substitute candidate in place of the withdrawing candidate who was a Lakas party member. IN VIEW WHEREOF, the Commission en banc hereby resolves to SET ASIDE the Commission (Second Division)s resolution dated May 28, 1998. We declare Emmanuel D. Sinaca DISQUALIFIED to be a substitute candidate for mayor of Malimono, Surigao del Norte, and ANNUL his proclamation as such being void ab initio . Upon finality of this resolution, he is ordered to vacate the position of mayor of the municipality of Malimono, Surigao del Norte, to which the vice-mayor elected in the May 11, 1998 elections shall succeed by operation of law. Not satisfied therewith, EMMANUEL is now before us alleging that the COMELEC committed grave abuse of discretion in issuing the assailed Resolution. EMMANUEL principally contends that his nomination as a substitute candidate was regular and valid hence, his proclamation as mayor of the Municipality of Malimono, Surigao del Norte must be upheld. In the assailed resolution, the COMELEC disqualified EMMANUEL solely on the basis that he was an independent candidate prior to his nomination as a substitute candidate. The rule on substitution of an official candidate of a registered or accredited political party who dies, withdraws or is disqualified for any cause after the last day for the filing of certificates of candidacy is governed by Sec. 77 of the Omnibus Election Cod