Nolasco v COMELEC

Nolasco v COMELEC

FACTS

A disqualification case was filed against Meycauayan, Bulacan Mayor-elect Florentino Blanco for alleged performing acts which are grounds for disqualification under the Omnibus Election Code – giving money to influence, induce or corrupt the voters or public officials performing election functions: for committing acts of terrorism to enhance his candidacy, and for spending an amount for his campaign in excess of what is allowed by the law.

The COMELEC First Division required both parties to submit their position papers. The case was decided against Blanco.

A reconsideration was moved by Blanco in the COMELEC En Banc. Nolasco, the vice-mayor-elect took part as intervenor, urging that should Blanco be finally disqualified, the mayoralty position be turned over to him. The parties were allowed to file their memoranda. En Banc denied Blanco and Nolasco’s motions thus this petition for certiorari.

Issues:

1. WON Blanco was denied due process and equal protection of laws
2. WON the COMELEC committed grave abuse of discretion in proclaiming Alarilla as the duly elected mayor

Held:

1. Blanco was not denied due process and equal protection of the laws. He was given all the opportunity to prove that the evidence on his disqualification was not strong. Blanco’s contention that the minimum quantum of evidence was not met is untenable. What RA 6646 and the COMELEC Rules of Procedure require is a mere evidence of guilt that should be strong to justify the COMELEC in suspending a winning candidate’s proclamation.

2. Nolasco, not Alarilla, is adjudged as the Mayor of Meycauayan. It is already a settled principle in the case of Reyes v COMELEC that the candidate with the second highest number of votes cannot be proclaimed winner in case the winning candidate be disqualified. There cannot be an assumption that the second placer would have received the other votes otherwise it is a judgment substituting the mind of a voter. It cannot be assumed that the second placer would have won the elections because in the situation where the disqualified candidate is excluded, the condition would have substantially changed.

fr. atty nas^^