GR 260650; (August, 2023) (Digest)
G.R. No. 260650 & G.R. No. 260952, August 8, 2023
ROBERTO “PINPIN” T. UY, JR., PETITIONER, VS. COMMISSION ON ELECTIONS, VERLY TABANCURA-ADANZA, IN HER CAPACITY AS PROVINCIAL ELECTION SUPERVISOR AND CHAIRPERSON OF THE PROVINCIAL BOARD OF CANVASSERS FOR THE PROVINCE OF ZAMBOANGA DEL NORTE, PROVINCIAL BOARD OF CANVASSERS FOR THE PROVINCE OF ZAMBOANGA DEL NORTE, AND ROMEO M. JALOSJOS, JR., RESPONDENTS. [G.R. No. 260952] FREDERICO P. JALOSJOS, PETITIONER, VS. ROMEO M. JALOSJOS, JR., AND THE COMMISSION ON ELECTIONS, RESPONDENTS.
FACTS
In the 2022 elections for Zamboanga del Norte’s first district representative, candidates included Roberto “Pinpin” T. Uy, Jr. (Roberto), Romeo “Kuya Jonjon” M. Jalosjos, Jr. (Romeo), and Frederico “Kuya Jan” P. Jalosjos (Frederico). On November 16, 2021, Romeo filed a petition (SPA No. 21-224 (DC)) to declare Frederico a nuisance candidate and cancel his Certificate of Candidacy (CoC), alleging Frederico lacked a bona fide intention to run, noting his late registration of the surname “Jalosjos” and voter record transfer in 2021, and that his nickname “Kuya Jan” was confusingly similar to Romeo’s “Kuya Jonjon.” Frederico countered he had a bona fide intention, was the National Unity Party’s official candidate, incurred campaign expenses, and provided pandemic aid. The Comelec Second Division, on April 19, 2022, declared Frederico a nuisance candidate and cancelled his CoC. Frederico sought reconsideration. After the May 9, 2022 elections, partial results showed Roberto leading. Romeo moved to suspend Roberto’s proclamation, arguing Frederico’s votes should be credited to him. The final tally was: Roberto (69,591), Romeo (69,109), Frederico (5,424). On May 12, 2022, the PBOC suspended Roberto’s proclamation based on an “advanced copy” of a Comelec En Banc Order. The Comelec En Banc subsequently issued an order suspending Roberto’s proclamation. Roberto filed a petition (G.R. No. 260650) challenging the suspension, arguing he was not a party to SPA No. 21-224 (DC) and the PBOC had a ministerial duty to proclaim the highest vote-getter. On June 7, 2022, the Comelec En Banc denied Frederico’s motion for reconsideration as filed a day late and affirmed Frederico was a nuisance candidate, ordering his votes credited to Romeo per Dela Cruz v. Comelec. Frederico filed a petition (G.R. No. 260952) assailing this resolution. On June 15, 2022, the Comelec issued a Writ of Execution. On June 23, 2022, the PBOC reconvened and proclaimed Romeo the winner. The Supreme Court consolidated the petitions and issued a Status Quo Ante Order.
ISSUE
1. Whether the Supreme Court has jurisdiction over the petitions.
2. Whether the Comelec committed grave abuse of discretion in suspending Roberto Uy Jr.’s proclamation.
3. Whether the Comelec committed grave abuse of discretion in declaring Frederico Jalosjos a nuisance candidate and cancelling his CoC.
4. Whether the Comelec committed grave abuse of discretion in ordering that Frederico’s votes be credited to Romeo Jalosjos Jr.
RULING
1. Yes, the Supreme Court has jurisdiction. Under Article IX (A), Section 7 of the 1987 Constitution, any decision, order, or ruling of the Comelec may be brought to the Supreme Court on certiorari. The petitions allege grave abuse of discretion by the Comelec, which is within the Court’s power of judicial review.
2. Yes, the Comelec committed grave abuse of discretion in suspending Roberto Uy Jr.’s proclamation. The suspension was based on an “advanced copy” of an order that was irregular (undated, lacking complete signatures and certification). More critically, Roberto was not a party to SPA No. 21-224 (DC), and the suspension violated his right to due process. The Comelec’s own rules (Section 6, Rule 23 of Comelec Resolution No. 9523) limit suspension of proclamation to pre-proclamation controversies or cases where the candidate’s CoC is denied due course or cancelled. SPA No. 21-224 (DC) was a petition to declare a nuisance candidate, not a pre-proclamation controversy, and did not involve Roberto’s CoC. The suspension was therefore issued without legal basis and in violation of due process.
3. No, the Comelec did not commit grave abuse of discretion in declaring Frederico Jalosjos a nuisance candidate and cancelling his CoC. The Comelec’s finding that Frederico lacked a bona fide intention to run was supported by substantial evidence. Factors considered included: his very recent adoption of the “Jalosjos” surname (April 2021) and transfer of voter registration (May 2021) shortly before the election; the confusing similarity between his nickname “Kuya Jan” and Romeo’s “Kuya Jonjon,” which phonetically could mislead voters; his lack of political experience; and the finding that his candidacy appeared designed to dilute Romeo’s votes. The Comelec’s assessment of a candidate’s bona fide intention is factual and accorded respect. The denial of his motion for reconsideration as filed out of time (via email after 5:00 p.m., deemed filed the next day) was also in accordance with Comelec rules.
4. Yes, the Comelec committed grave abuse of discretion in ordering that Frederico’s votes be credited to Romeo Jalosjos Jr. The ruling in Dela Cruz v. Comelec, which allowed crediting votes of a nuisance candidate to a legitimate candidate with the same surname, has been abandoned. The current and correct rule, established in subsequent cases (e.g., Tagolino v. HRET, Poe-Llamanzares v. Comelec), is that votes cast for a nuisance candidate, whose CoC is cancelled or denied due course, are considered stray votes. The Comelec’s application of the abandoned Dela Cruz doctrine constituted grave abuse of discretion. Consequently, Frederico’s 5,424 votes are stray votes and should not have been credited to Romeo.
DISPOSITIVE:
The Supreme Court GRANTED the Petitions. The Comelec En Banc’s Order dated May 12, 2022 (suspending Roberto’s proclamation) and Resolution dated June 7, 2022 (denying Frederico’s motion for reconsideration and ordering his votes credited to Romeo) were ANNULLED and SET ASIDE. The Comelec’s Writ of Execution dated June 15, 2022, and Romeo Jalosjos Jr.’s proclamation were declared NULL and VOID. The Commission on Elections was ORDERED to RECONVENE the Provincial Board of Canvassers and PROCLAIM Roberto “Pinpin” T. Uy, Jr. as the duly elected Representative of the First District of Zamboanga del Norte. The Status Quo Ante Order was made PERMANENT.