G.R. No. 135691 September 27, 1999
EMMANUEL SINACA, petitioner, vs. MIGUEL MULA and COMMISSION ON ELECTIONS, respondents.

FACTS

In the 11 May 1998 elections, two factions of the LAKAS-NUCD-UMPD party in Malimano, Surigao del Norte fielded separate mayoralty candidates: the “BARBERS Wing” nominated Grachil G. Canoy, and the “MATUGAS Wing” nominated Teodoro F. Sinaca, Jr. Miguel H. Mula, a vice-mayoral candidate from the BARBERS Wing, filed a petition (SPA 98-021) to disqualify Teodoro. On 8 May 1998, the COMELEC Second Division disqualified Teodoro due to a prior conviction for bigamy. On 10 May 1998, Teodoro filed a motion for reconsideration. On the same day, Emmanuel D. Sinaca, who was an independent candidate for Sangguniang Bayan Member, withdrew his certificate of candidacy, joined the LAKAS party, and was nominated by the LAKAS “MATUGAS Wing” as the substitute mayoralty candidate. He filed his certificate of candidacy with a certificate of nomination signed by Governor Francisco T. Matugas as party provincial chairman. On 11 May 1998, Mula filed another petition (SPA No. 98-292) to disqualify Emmanuel, arguing the substitution was illegal because Emmanuel was previously an independent candidate, the nomination bore only Matugas’s approval without consent from higher party hierarchy (specifically Robert Ace Barbers), and the substitution was unnecessary as another LAKAS candidate (Canoy) was still in the race. The COMELEC Second Division dismissed the petition on 28 May 1998, upholding Emmanuel’s candidacy and noting his proclamation as mayor rendered the petition moot. Mula filed a motion for reconsideration. On 6 October 1998, the COMELEC en banc set aside the Second Division’s resolution and disqualified Emmanuel, ruling the substitution was invalid because Emmanuel was an independent candidate prior to his nomination and thus did not belong to the same political party as the disqualified candidate. Emmanuel assailed this resolution before the Supreme Court.

ISSUE

Whether the COMELEC committed grave abuse of discretion in disqualifying Emmanuel Sinaca as a substitute candidate on the sole ground that he was an independent candidate prior to his nomination.

RULING

Yes. The Supreme Court granted the petition, annulled the COMELEC en banc Resolution of 6 October 1998, and reinstated the COMELEC Second Division Resolution of 28 May 1998. The Court held that the COMELEC committed grave abuse of discretion. Section 77 of the Omnibus Election Code allows a person belonging to and certified by the same political party to substitute for a candidate who dies, withdraws, or is disqualified. The law does not prohibit a person from changing his political party affiliation or from being an independent before becoming a party member for purposes of substitution. What is required is that at the time of the filing of the certificate of candidacy as a substitute, the candidate must be a member of the same political party as the original candidate. Emmanuel complied with this requirement: he withdrew his independent candidacy, joined the LAKAS party, was duly nominated by the authorized party official (Governor Matugas), and filed his certificate of candidacy as a LAKAS candidate. The COMELEC’s ruling was based on a misapprehension of the law. The Court also noted that the issue of which party official had authority to nominate was an internal party matter beyond COMELEC jurisdiction. Furthermore, Emmanuel’s proclamation as mayor and assumption of office rendered the disqualification case moot, as the proper remedy would have been a regular election contest.