GR 163776; (April, 2007) (Digest)
G.R. No. 163776 & 165736; April 24, 2007
REV. FR. NARDO B. CAYAT, Petitioner, vs. COMMISSION ON ELECTIONS (FIRST DIVISION), COMMISSION ON ELECTIONS (EN BANC), and THOMAS R. PALILENG, SR., Respondents.
FACTS
Petitioner Rev. Fr. Nardo B. Cayat and respondent Thomas R. Palileng, Sr. were candidates for Mayor of Buguias, Benguet in the May 2004 elections. Palileng filed a petition for disqualification against Cayat before the COMELEC, alleging that Cayat was convicted by final judgment for Forcible Acts of Lasciviousness and was under probation when he filed his certificate of candidacy. Palileng claimed Cayat made a material misrepresentation by declaring his eligibility. Despite summons, Cayat did not file an answer. The COMELEC Provincial Election Supervisor treated the petition as one for disqualification under the Local Government Code and recommended Cayat’s disqualification. The COMELEC First Division adopted this and cancelled Cayat’s certificate of candidacy. Cayat’s motion for reconsideration was denied for non-payment of the filing fee. After the elections, where Cayat won and was proclaimed, the COMELEC granted Palileng’s motion for execution, annulled Cayat’s proclamation, and ordered Palileng proclaimed as mayor.
ISSUE
Whether the COMELEC committed grave abuse of discretion in cancelling Cayat’s certificate of candidacy and subsequently annulling his proclamation.
RULING
The Supreme Court ruled in the affirmative, finding grave abuse of discretion. The COMELEC First Division violated Cayat’s constitutional right to due process. The summons via telegram was not personally served on Cayat; it was delivered to another individual. This defective service deprived Cayat of proper notice and a meaningful opportunity to be heard, rendering the proceedings void. Furthermore, the COMELEC en banc failed to review the First Division’s resolution. Cayat’s motion for reconsideration, though deficient for non-payment, should not have been outrightly dismissed without addressing the substantive due process issue. The COMELEC’s procedural lapses were so patent and arbitrary as to constitute grave abuse of discretion. Consequently, the Court annulled the challenged COMELEC resolutions and orders. The Court reinstated Cayat’s proclamation as the duly elected Mayor, emphasizing that technicalities must not override the fundamental requirement of due process in electoral contests.