G.R. No. 199612 - RENATOM. FEDERICO, VS. COMMISSION ON ELECTIONS, COMELEC EXECUTIVE DIRECTOR AND OSMUNDO M. MALIGAYA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in view of the foregoing, the instant Partial Motion for Reconsideration is GRANTED . The proclamation of respondent Federico is hereby ANNULLED. Accordingly: The Executive Director is ordered to constitute a Special Municipal Board of Canvassers for the municipality of Sto. Tomas, Batangas; The Special Municipal Board of Canvassers is ordered to immediately notify the parties, reconvene and proclaim petitioner OSMUNDO M. MALIGAYA as the duly elected Mayor of Sto. Tomas, Batangas; and The Law Department is directed to conduct an investigation on the members of the (Old) Municipal Board of Canvassers of Sto. Tomas, Batangas for possible violation of Section 32 pars. (c) and (f) Article VI of COMELEC Resolution No. 8809. Let the Executive Director implement this resolution. SO ORDERED . [25] The Comelec En Banc ruled that the petition for the annulment of Federicos proclamation filed on June 1, 2011 was within the prescribed ten (10) day period. It explained that the period for the filing of the said petition should be reckoned from May 27, 2011, when Maligaya discovered the existence of the second COCVP and not on May 11, 2011, the proclamation date. The Comelec En Banc was of the view that the annulment of Federicos proclamation was in order because of his invalid substitution of Edna, as his substitute COC was filed beyond the deadline and due to the illegality of the proceedings of the MBOC in generating the second COCVP without authority from the Comelec and without notice to the parties, in violation of Comelec Resolution No. 8804. Hence, Federico filed the present Petition for Certiorari with Prayer for Writ of Preliminary Injunction and/or Temporary Restraining Order, dated December 23, 2011, before this Court anchored on the following GROUNDS (I) The validity of Petitioners substitution as mayoralty candidate is already a settled fact. Petitioner validly substituted Edna Sanchez pursuant to Section 77 of the Omnibus Election Code. The validity of Petitioners substitution was already decided with finality by the Comelec. Resolution No. 8889 is valid. The Comelec, in issuing Resolution No. 8889, passed upon all matters and issues laid before it in the case. Moreover, after Resolution No. 8889 was issued, it was in force and had to be complied with. (II) The proclamation of Petitioner was regular and done in accordance with law. The votes cast for SANCHEZ, Edna P. were legally considered votes for Petitioner. The petition to annul Petitioners proclamation was filed out of time. (III) Private Respondent cannot validly be proclaimed as elected mayor because he was the losing candidate. [26] In the meantime, on December 29, 2011, the Comelec En Banc issued Minute Resolution No. 11-1306 constituting the special MBOC pursuant to its December 21, 2011 Resolution. [27] On January 16, 2012, the Comelec En Banc issued a Writ of Execution ordering Federico to vacate the position as mayor and to cease and desist from performing the fu