G.R. No. 100710 & G.R. No. 100739, September 3, 1991
BENJAMIN P. ABELLA, petitioner, vs. COMMISSION ON ELECTIONS and ADELINA Y. LARRAZABAL, respondents; ADELINA Y. LARRAZABAL, petitioner, vs. COMMISSION ON ELECTIONS and SILVESTRE DE LA CRUZ, respondents.
FACTS
These consolidated petitions determine the rightful Governor of Leyte after the 1988 elections. Adelina Larrazabal substituted for her disqualified husband a day before the election and obtained the highest votes. She was proclaimed but faced disqualification petitions for lacking the constitutionally mandated one-year residency. The COMELEC ultimately disqualified her. Benjamin Abella, who garnered the second-highest votes, sought proclamation in her stead. The COMELEC, however, did not proclaim Abella, leading to these petitions where Abella asserts his right to the office, while Larrazabal challenges her disqualification.
The procedural history is protracted. The Supreme Court had previously affirmed COMELEC resolutions dismissing pre-proclamation controversies against Larrazabal and initially dismissing the disqualification case. Upon a motion for reconsideration, the COMELEC en banc subsequently reversed itself and disqualified Larrazabal for lack of residency. The core legal conflict is whether the second-placer can assume the office after the disqualification of the winning candidate.
ISSUE
The principal issue is whether Benjamin Abella, the candidate who received the second-highest number of votes, is entitled to be proclaimed Governor of Leyte following the disqualification of the winning candidate, Adelina Larrazabal.
RULING
The Supreme Court ruled that Abella is not entitled to proclamation. The legal logic is anchored on the nature of the electoral mandate and the doctrine on disqualification. The Court affirmed the COMELEC’s disqualification of Larrazabal for failing to meet the one-year residency requirement. However, her disqualification does not automatically translate to a victory for the second-placer.
The Court, reiterating the doctrine in Geronimo v. Ramos, held that votes cast for a disqualified candidate are not considered stray or void simply because the candidate is later declared ineligible. These votes were cast in the sincere belief that the candidate was qualified. Therefore, a candidate who did not receive the highest number of valid votes cannot be declared the winner. The electoral process requires that the winner must possess the plurality of the votes cast. Abella, not having secured such a plurality, cannot be imposed as governor. Consequently, the rightful successor is the Vice-Governor, Leopoldo Petilla, pursuant to the rule on succession. The Court dismissed both petitions, affirming the COMELEC’s resolutions and lifting the restraining order.
