G.R. No. 154198 January 20, 2003
PETRONILA S. RULLODA, petitioner, vs. COMMISSION ON ELECTIONS (COMELEC), ELECTION OFFICER LUDIVICO L. ASUNCION OF SAN JACINTO, PANGASINAN; BARANGAY BOARD OF CANVASSERS OF BRGY. STO. TOMAS, SAN JACINTO, PANGASINAN, Board of Election Tellers of Prec. Nos. 30A/30A1, 31A, 31A1, and 32A1, and REMEGIO PLACIDO, respondents.

FACTS

In the July 15, 2002 barangay elections, Romeo N. Rulloda and Remegio L. Placido were candidates for Barangay Chairman of Sto. Tomas, San Jacinto, Pangasinan. Romeo died on June 22, 2002. His widow, petitioner Petronila “Betty” Rulloda, wrote to the COMELEC on June 25, 2002, seeking permission to run in lieu of her late husband, supported by an appeal-petition with signatures from the electorate. On July 14, 2002, the Election Officer directed the Barangay Board of Canvassers to add the words “NOT COUNTED” to any ballot with petitioner’s name or surname. During the election, petitioner’s watchers tallied that she garnered 516 votes against respondent Placido’s 290 votes. Nevertheless, the Board of Canvassers proclaimed Placido as the winner. Petitioner later discovered that the COMELEC had issued Resolution No. 5217 dated July 13, 2002, denying due course to her certificate of candidacy and directing the deletion of her name, citing Section 9 of COMELEC Resolution No. 4801, which stated there shall be no substitution of candidates for barangay and sangguniang kabataan officials. Petitioner filed a petition for certiorari to annul the said COMELEC resolutions, nullify Placido’s proclamation, and have herself proclaimed as the duly elected Barangay Chairman.

ISSUE

Whether the COMELEC committed grave abuse of discretion in prohibiting the substitution of a candidate in the barangay election following the death of the original candidate and in denying due course to petitioner’s certificate of candidacy, thereby disregarding the will of the electorate who gave her a plurality of votes.

RULING

The Supreme Court GRANTED the petition. It declared COMELEC Resolution No. 5217, insofar as it denied due course to petitioner’s certificate of candidacy, NULL and VOID. The proclamation of respondent Remegio L. Placido was SET ASIDE, and the Barangay Board of Canvassers was ORDERED to proclaim petitioner as the duly elected Barangay Chairman. The Court held that the absence of a specific provision allowing substitution in barangay elections cannot be inferred as a prohibition. The interpretation that substitution is not allowed because barangay elections are non-partisan ignores the purpose of election laws, which is to give effect to, rather than frustrate, the will of the voters. The Court emphasized that technicalities and procedural barriers must not defeat the true will of the electorate. Petitioner’s letter-request was treated as a certificate of candidacy, and she obtained a plurality of the votes (516 against 290). Therefore, the will of the people must be upheld.