GR 52737; (August, 1981) (Digest)
G.R. No. L-52737 August 31, 1981
DAVID Q. SANDALO, petitioner, vs. COMMISSION ON ELECTIONS and PACIFICO D. ALBURO, respondents.
FACTS
In the January 30, 1980 election for mayor of Tubay, Agusan del Norte, David Q. Sandalo (Nacionalista Party) was proclaimed the winner over Pacifico D. Alburo (Kilusang Bagong Lipunan) by a margin of 455 votes. Prior to the election, Alburo, the incumbent mayor, had filed a petition to disqualify Sandalo on the ground of turncoatism. The Commission on Elections (COMELEC) did not resolve this petition before election day. Following Sandalo’s proclamation, the COMELEC, in its Resolution of February 16, 1980, set aside the proclamation, denied due course to Sandalo’s candidacy, and ordered Alburo’s proclamation as mayor. The COMELEC found that Sandalo had affiliated with the KBL on December 26, 1979, but filed his certificate of candidacy as a Nacionalista on January 4, 1980.
ISSUE
Did the COMELEC commit grave abuse of discretion in disqualifying Sandalo for turncoatism after the election and ordering the proclamation of his opponent?
RULING
No, the COMELEC did not commit grave abuse of discretion. The Supreme Court upheld the COMELEC’s resolution disqualifying Sandalo. The legal logic is anchored on the application of constitutional and statutory provisions against turncoatism. Section 10, Article XIIC of the 1973 Constitution, in relation to Section 7 of Batas Pambansa Blg. 52, disqualified a candidate who changed political party affiliation within six months before the election. The COMELEC’s factual finding that Sandalo switched from the KBL to the Nacionalista Party a mere nine days after his affiliation was deemed binding and conclusive upon the Court. This case was ruled to be analogous to prior jurisprudence like Gabatan vs. COMELEC, where similar acts of switching parties were held to constitute disqualifying turncoatism. The Court rejected Sandalo’s procedural argument that the disqualification case should have been resolved before election day, noting that the cited statutory provision pertained to substitute candidates and did not impose such a mandatory pre-election deadline for disqualification cases. Consequently, the petition was dismissed, the restraining order lifted, and the COMELEC’s order for Alburo’s proclamation was affirmed.