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    Trinidad vs. COMELEC

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    Matt Evans
    This case involves a petition filed by Ferdinand Trinidad challenging the Commission on Elections' (COMELEC) decision to disqualify him from the 1995 mayoral election in Iguig, Cagayan and proclaim his opponent, Manuel Sunga, as the winner. [1] Trinidad won the 1998 mayoral election but COMELEC invalidated his victory based on the 1995 disqualification case. [2] The Supreme Court ruled that Trinidad received a clear mandate from voters in both 1995 and 1998 despite the disqualification case. [3] It also rejected claims that Sunga, as the second place finisher, should be declared the winner if Trinidad was disqualified, noting that doing

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    Trinidad vs. COMELEC

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    Matt Evans
    27 views3 pages
    This case involves a petition filed by Ferdinand Trinidad challenging the Commission on Elections' (COMELEC) decision to disqualify him from the 1995 mayoral election in Iguig, Cagayan and proclaim his opponent, Manuel Sunga, as the winner. [1] Trinidad won the 1998 mayoral election but COMELEC invalidated his victory based on the 1995 disqualification case. [2] The Supreme Court ruled that Trinidad received a clear mandate from voters in both 1995 and 1998 despite the disqualification case. [3] It also rejected claims that Sunga, as the second place finisher, should be declared the winner if Trinidad was disqualified, noting that doing

    Original Title

    234. Trinidad vs. COMELEC

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    This case involves a petition filed by Ferdinand Trinidad challenging the Commission on Elections' (COMELEC) decision to disqualify him from the 1995 mayoral election in Iguig, Cagayan and proclaim his opponent, Manuel Sunga, as the winner. [1] Trinidad won the 1998 mayoral election but COMELEC invalidated his victory based on the 1995 disqualification case. [2] The Supreme Court ruled that Trinidad received a clear mandate from voters in both 1995 and 1998 despite the disqualification case. [3] It also rejected claims that Sunga, as the second place finisher, should be declared the winner if Trinidad was disqualified, noting that doing

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views3 pages

    Trinidad vs. COMELEC

    Uploaded by

    Matt Evans
    This case involves a petition filed by Ferdinand Trinidad challenging the Commission on Elections' (COMELEC) decision to disqualify him from the 1995 mayoral election in Iguig, Cagayan and proclaim his opponent, Manuel Sunga, as the winner. [1] Trinidad won the 1998 mayoral election but COMELEC invalidated his victory based on the 1995 disqualification case. [2] The Supreme Court ruled that Trinidad received a clear mandate from voters in both 1995 and 1998 despite the disqualification case. [3] It also rejected claims that Sunga, as the second place finisher, should be declared the winner if Trinidad was disqualified, noting that doing

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    © All Rights Reserved
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    of 3

    G.R. No.

    135716 September 23, 1999

    FERDINAND TRINIDAD, petitioner,


    vs. COMMISSION ON ELECTIONS and MANUEL C. SUNGA, respondents.

    FACTS :

    Private respondent petitioner Manuel C. Sunga ran for mayor of Iguig, Cagayan, on May 8,
    1995. Then-mayor Ferdinand B. Trinidad ran for re-election in the same municipality.

    Sunga filed a letter-complaint against Trinidad on 22 April 1995, accusing him of using three local
    government vehicles in his campaign. He later filed another letter-complaint, accusing Trinidad of
    violating the Omnibus Election Code, including threats, intimidation, terrorism, and coercion.

    COMELEC 2nd Division's Law Department investigated the complaint.

    The election results showed Trinidad winning the most votes and Sunga second.

    Sunga filed another request to stop the declaration after Trinidad was declared mayor. Both
    motions were ignored by COMELEC 2nd Division.

    On 28 June 1995, the COMELEC Law Department reported to the En Banc that Trinidad should be
    charged for violating the following Omnibus Election Code criminal sections.

    The Law Department also advised recalling and revoking Ferdinand D. Trinidad's proclamation as
    Mayor of Iguig, Cagayan, proclaiming Manuel C. Sunga as Mayor, and directing him to take his oath
    and assume office.

    The COMELEC En Banc upheld the Law Department's conclusions and ordered Trinidad's Regional
    Trial Court informations filed. The disqualification case went to COMELEC.

    Sunga filed a Second Urgent Motion to Suspend the Effects and Annul the Proclamation with Urgent
    Motion for Early Resolution of the Petition, which the COMELEC En Banc denied. Sunga filed the
    instant petition, alleging grave abuse of discretion in dismissing the petition for disqualification. . . .

    The first questioned Resolution disqualified petitioner from running in the May 8, 1995 elections by
    COMELEC 1st Division (former 2nd Division).

    COMELEC En Banc granted petitioner's Motion for Reconsideration and nullified his May 11, 1998
    election as Mayor of Iguig, Cagayan. Private respondent's mayorship request was declined.

    The issues before us may be summarized as follows:

    1. Whether or not private respondent, as the candidate receiving the second highest number of
    votes, be proclaimed as Mayor in the event of petitioner's disqualification?
    RULING :

    As per the Certificate of Canvass, petitioner obtained 5,920 votes as against the 1,727 votes
    obtained by private respondent and 15 votes garnered by the third mayoral candidate, Johnny R.
    Banatao. This gives petitioner a high 77.26% of the votes cast. There is no doubt, therefore, that
    petitioner received his municipality's clear mandate. This, despite the disqualification case filed
    against him by private respondent.

    This further lends support to our decision to bar his disqualification insofar as the May 11, 1998
    elections is concerned. Indeed, in election cases, it is fundamental that the people's will be at all
    times upheld.

    Finally, we see no error in the COMELEC's rejection of private respondent's move to be


    declared as Mayor on account of petitioner's disqualification. To begin with, the issue had
    been rendered moot and academic by the expiration of petitioner's challenged term of office.
    Second, even in law and jurisprudence, private respondent cannot claim any right to the
    office.

    As held by the COMELEC, the succession to the office of the mayor shall be in accordance
    with the provisions of the Local Government Code which, in turn, provides that the vice
    mayor concerned shall become the mayor.

    Also, in Nolasco v. Commission on Elections, citing Reyes v. Commission on Elections, we already


    rejected, once and for all, the position that the candidate who obtains the second highest number of
    votes may be proclaimed the winner in the event of disqualification or failure of the candidate with
    the highest number of votes to hold office. This court ratiocinated thus —

    To simplistically assume that the second placer would have received the other votes
    would be to substitute our judgment for the mind of the voter. The second placer is
    just that, a second placer. He lost the elections. He was repudiated by either a
    majority or plurality of voters. He could not be considered the first among
    qualified candidates because in a field which excludes the disqualified
    candidate, the conditions would have substantially changed. We are not
    prepared to extrapolate the results under the circumstances.

    On the other hand, the fact that despite the disqualification case filed against petitioner
    relating to the 1995 elections, he still won the mandate of the people for the 1998 elections,
    leads us to believe that the electorate truly chose petitioner and repudiated private
    respondent.

    To allow private respondent, a defeated and repudiated candidate, to take over the mayoralty
    despite his rejection by the electorate is to disenfranchise the electorate without any fault on their
    part and to undermine the importance and meaning of democracy and the people's right to elect
    officials of their choice.

    Therefore, the Resolution of the COMELEC dated October 13, 1998 which annulled petitioner's
    proclamation as Mayor of Iguig, Cagayan in the May 11, 1998 elections should be set aside. On the
    other hand, the petition filed before the COMELEC against petitioner for election offenses committed
    during the May 1995 elections should be dismissed for being moot and academic, the term of office
    to which petitioner was elected having already expired.
    WHEREFORE, the petition is partly GRANTED. The Resolution of the COMELEC, dated October
    13, 1998 is SET ASIDE insofar as it annuls the proclamation of petitioner as winner in the May 11,
    1998 elections. Insofar as the May 8, 1995 elections is concerned, we find the issues related thereto
    rendered moot and academic by expiration of the term of office challenged and, accordingly,
    DISMISS the petition lodged in connection therewith. No costs.

    SO ORDERED.

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