Sinica v. Mula, G.R. No. 135691. Sept. 27, 1999

digested by: Ms. Joie Manuel

In this case, assailed was the COMELEC Resolution on Oct. 6, 1998 in SPA No. 98-292, declaring the substitution of mayoralty candidate Teodoro Sinaca, Jr. by petitioner Emmanuel D. Sinaca as invalid.

Facts:

In the May 1998 elections, petitioner Emmanuel Sinica was a substitute candidate for the mayoral post of the Matugas Wing after their original candidate, Teodoro Sinica, Jr., was disqualified for being convicted of bigamy. He was proclaimed winner after the canvassing.

(Matugas Wing was a faction in the LAKAS-NUCD-UMPD party, as well as the Barbers Wing. Each faction has separate candidates for the mayoral post in the Municipality of Malimono , Surigao del Norte.)

Respondent Mula (who got Sinica, Jr. disqualified) filed a disqualification case against Emmanuel Sinica before the COMELEC. He alleged that said substitution was invalid because:

a) Sinica was not member of the LAKAS party when he was nominated as a substitute; and

b) it lacks approval of Sen. Barbers as a joint signatory of the substitution.

The COMELEC Second Division dismissed the disqualification case. However, when respondent Mula filed a Motion for Reconsideration, COMELEC en banc set aside the resolution of the Second Division and disqualified EMMANUEL asserting that the substitution violated the provisions of Sec. 77 of the Omnibus Election Code that the substitute must belong to the same political party as the substituted candidate. Emmanuel D. Sinaca was not valid because he 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.

Therefore, this case before the Supreme Court.

Issue:

WON the substitution of Emmanuel Sinica was against the provisions of Section 77 of the Omnibus Election Code.

Decision:

WHEREFORE, the petition is GRANTED. The assailed resolution of 6 October 1998 of the COMELEC en banc is hereby REVERSED and SET ASIDE and another one rendered declaring EMMANUEL SINACA as having been duly elected mayor of the Municipality of Malimono , Surigao del Norte.

Ratio Decidendi:

NO. Section 77 of the Omnibus Election Code only mandates that a substitute candidate should be a person belonging to and certified by the same political party as the candidate to be replaced.

Petitioner Emmanuel Sinaca, an independent candidate, had first withdrawn his certificate of candidacy for Sangguniang Bayan Member before he joined the LAKAS party and nominated by the LAKAS MATUGAS Wing as the substitute candidate. He had filed his certificate of candidacy and his certificate of nomination as LAKAS mayoralty candidate signed by Gov. Matugas with his written acceptance of the party's nomination. Therefore, he is a bona fide LAKAS member.

There is nothing in the Constitution or the statute which requires as a condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such.