G.R. No. L-52793 and G.R. No. L-53504 August 31, 1981
FELIPE M. SEVILLEJA, petitioner, vs. COMMISSION ON ELECTION, MUNICIPAL BOARD OF CANVASSERS OF SAN MANUEL, PANGASINAN, and LAUREANO PEREZ, respondents. (G.R. No. L-52793) and vs. COMMISSION ON ELECTIONS, FRANCISCO ASUNCION JR., and ALEJANDRO TUVERA, respondents. (G.R. No. L-53504)

FACTS

Petitioner Felipe M. Sevilleja was the official Nacionalista Party (NP) candidate for mayor of San Manuel, Pangasinan, in the January 30, 1980 elections. Private respondents Francisco Asuncion Jr. and Alejandro Tuvera filed a petition with the COMELEC to disqualify Sevilleja on the ground of turncoatism, alleging he was a Kilusang Bagong Lipunan (KBL) member immediately before filing his NP candidacy. The COMELEC granted the petition and cancelled Sevilleja’s certificate of candidacy on January 28, 1980. Despite a pending motion for reconsideration, the Municipal Board of Canvassers, acting on a COMELEC telegram, proclaimed the KBL candidate, Laureano Perez, as mayor-elect on February 1, 1980.
On February 5, 1980, a fire destroyed the municipal building and all ballot boxes, precluding any electoral protest. Sevilleja filed an election protest and later a petition with the COMELEC to annul Perez’s proclamation. Without awaiting the COMELEC’s resolution, Sevilleja filed G.R. No. 52793 with the Supreme Court. The COMELEC subsequently dismissed his petition and denied his motion for reconsideration on the disqualification, prompting Sevilleja to file G.R. No. 53504 for review.

ISSUE

The consolidated petitions raised the following issues: (1) Whether the COMELEC committed grave abuse of discretion in disqualifying Sevilleja for turncoatism; and (2) Whether the COMELEC and the Municipal Board of Canvassers committed grave abuse of discretion in proclaiming Perez and in dismissing Sevilleja’s petition to annul that proclamation.

RULING

The Supreme Court dismissed both petitions. On the disqualification issue, the Court upheld the COMELEC’s factual finding that Sevilleja changed his party affiliation within six months before the election, constituting turncoatism under the applicable constitutional and statutory provisions. The Court emphasized that COMELEC’s factual determinations, supported by evidence, are generally conclusive unless shown to be rendered with grave abuse of discretion. No such abuse was found, as the COMELEC based its ruling on meeting minutes and affidavits indicating Sevilleja’s KBL membership.
Regarding the proclamation, the Court ruled that Sevilleja’s proper remedy was an election protest, which he initially filed. The COMELEC correctly dismissed his petition to annul the proclamation, as questions regarding the validity of a proclamation and the right to the office are best resolved in a regular election protest. The subsequent destruction of the ballots, while rendering an election protest futile, did not invalidate the proclamation process itself or convert the premature special civil action into a proper remedy. The Court found no grave abuse of discretion by the COMELEC or the Board of Canvassers in their respective actions leading to and affirming the proclamation of Perez.