Pontawe v. Commission On Elections

RELOVA, J.:

Federico Pontawe and Wilfredo Lopez were the candidates for the positions of Mayor and Member of the Sangguniang Bayan, respectively, of the Nacionalista Party (NP) during the elections of January 30, 1980 in Sta. Barbara, Pangasinan. On the other hand, Rosario T. Cabangon and Alfredo Flores were the candidates for Mayor and Member of the Sangguniang Bayan, respectively, of the Kilusang Bagong Lipunan (KBL).

On January 24, 1980, the Commission on Elections (COMELEC) disqualified Federico Pontawe and Wilfredo Lopez on the ground of turncoatism in PDC Case No. 42. The Nacionalista Party, on January 29, 1980, upon receipt of the notice of the COMELEC of said disqualification, nominated Carlos Pontawe, son of the disqualified Federico Pontawe, and Louie Lopez, to substitute for Federico Pontawe and Wilfredo Lopez, respectively. On the same day, January 29, 1980, disqualified candidates Federico Pontawe and Wilfredo Lopez filed a Petition for certiorari with this Court to Annul the resolution of the COMELEC ordering their disqualification.

The petition was docketed as G. R. No. L-52433. However, upon separate manifestations of Federico Pontawe and Wilfredo Lopez that they were abandoning their appeal, this Court, on April 24, 1980 and June 10, 1980, dismissed G. R. No. L-52433. On January 31, 1980, Carlos Pontawe and Louie Lopez were proclaimed by the Municipal Board of Canvassers of Sta.

Barbara, Pangasinan as the duly elected Municipal Mayor and Member of the Sangguniang Bayan, respectively. As a consequence, on February 11, 1980, Rosario Cabangon and three other KBL candidates who lost in the elections filed an election protest against Carlos Pontawe, Louie Lopez and two others in the then Court of First Instance of Pangasinan Dagupan City). On February 2, 1981, the lower court declared the election of Carlos Pontawe and Louie Lopez as null and void and proclaimed Rosario Cabangon and Alfredo Flores as duly elected Mayor and Member of the Sangguniang Bayan, respectively.

On November 3,1981, the COMELEC affirmed the decision of the trial court. This decision of the COMELEC is the subject of the petition for certiorari in G.R. No. L-59343. The petition was given due course and parties have filed their respective memoranda.

In the meantime, Carlos Pontawe and Louie Lopez were allowed to continue in their respective positions as Mayor and member of the Sangguniang Bayan pending the final determination this case. On August 6, 1982, Federico Pontawe filed another petition for certiorari, docketed in this Court as G. R. No. L-61497, against the COMELEC, Rosario Cabangon and Carlos Pontawe, questioning the refusal of the COMELEC to allow him to intervene in the electoral protest filed by Rosario Cabangon and Alfredo Flores against Carlos Pontawe and Louie Lopez. In our resolution of August 31, 1982, We ordered the consolidation of G. R. No. L-61497 and G. R. No. 59343 inasmuch as they involve the issue as to who were the duly elected Mayor and Member of the Sangguniang Bayan of Sta.

Barbara, Pangasinan in the elections on January 30, 1980. Section 28 of the 1978 Election Code provides: "SEC. 28.

Candidates in case of death, withdrawal or disqualification of another. - If, after the last day for filing certificates of candidacy, a candidate with a certificate of candidacy duly filed should die, withdraw or be disqualified for any cause, any voter qualified for the office may file his certificate of candidacy for the office for which the deceased, the candidate who has withdrawn, or disqualified person was a candidate in accordance with the preceding sections on or before mid-day of the day of the election, and if the death, withdrawal or disqualification should occur between the day before the election and the mid-day of election day, said certificate may be filed with any election committee in the political subdivision where he is a candidate: Provided, however, That if the candidate who died, withdrew or was disqualified is the official candidate of a political party, group or aggrupation, only a person belonging to, and certified by, the same political party, group or aggrupation may file a certificate of candidacy for the same office.

Carlos Pontawe and Louie Lopez were nominated as substitute candidates in lieu of Federico Pontawe and Wilfredo Lopez whose disqualification were decreed by the COMELEC on January 24, 1980. The substitution was made on January 29, 1980, or the day before the election, by the Nacionalista Party to which the disqualified candidates belong. Thus, there is no question that there was a valid nomination of Carlos Pontawe and Louie Lopez in which case all the Pontawe and Lopez votes should be credited to them (Carlos Pontawe and Louie Lopez), including those cast by block voting in favor of the Nacionalista Party to which they were affiliated.

The Municipal Board of Canvassers favored Carlos Pontawe with 7,124 votes as against 5,632 for Rosario Cabangon. However, the Court of First Instance ruled that Federico Pontawe and Wilfredo Lopez were still candidates on January 30, 1980 because of the appeal taken by them to the Supreme Court disputing the order of disqualification by the COMELEC which they did not consider as final and executory. The lower court found that the final total votes of the protestees and the protestants are as follows: (pp. 16-17, Rollo of G. R. No. L- 59343) "CARLOS PONTAWE WE as per revision..........................................................................................

7,462 minus Federico Pontawe & F. Pontawe votes ..................................... 1,013 minus PONTAWE votes (stray)...............................................5,346 6,359 Final total votes