G.R. No. L-52713 January 31, 1985
GELACIO I. YASON, petitioner, vs. THE COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF ROXAS, ORIENTAL MINDORO, and LUCIO T. SUAREZ, JR., respondents.

FACTS

Petitioner Gelacio I. Yason filed his certificate of candidacy for Mayor of Roxas, Oriental Mindoro on January 4, 1980, initially indicating “Nationalista, (NP)” as his political party. On the same day, before midnight, he retrieved his certificate, erased “Nationalista, (NP),” and typed “Kilusang Bagong Lipunan (KBL)” in its place, initialing the changes. Unbeknownst to Yason, the local NP chapter subsequently included his name in its official line-up. Upon discovering on election day that the COMELEC’s certified list showed him as an NP candidate, Yason immediately protested via telegram and letter, asserting his KBL affiliation. After the canvass, Yason received 3,933 votes against respondent Lucio T. Suarez, Jr.’s 3,568 votes, giving Yason a 365-vote margin.
On February 2, 1980, Suarez filed a petition for Yason’s disqualification based on turncoatism. Without furnishing Yason a copy or allowing him to answer, the COMELEC issued a resolution on February 4 denying due course to Yason’s candidacy. On February 13, COMELEC ordered all votes for Yason to be considered stray and declared Suarez the duly elected mayor. Yason filed this petition for certiorari and mandamus, arguing COMELEC acted without jurisdiction and denied him due process.

ISSUE

Whether the COMELEC acted with grave abuse of discretion in disqualifying petitioner Yason on the ground of turncoatism after the election and without due process.

RULING

The Supreme Court ruled in favor of Yason, annulling the COMELEC resolutions. The legal logic is twofold. First, on procedural grounds, the COMELEC violated Yason’s right to due process by disqualifying him without notice and an opportunity to be heard. The petition for disqualification was filed by Suarez only after the election, and the COMELEC resolved it with undue haste, depriving Yason of a fundamental right.
Second, on substantive grounds, the constitutional provision on turncoatism (Section 10, Article XII-C of the 1973 Constitution) was inapplicable. The provision prohibited a candidate from changing political party affiliation within six months before or after an election. The Court found that Yason did not change his affiliation; he corrected his certificate of candidacy on the very same day it was filed, from NP to KBL, before any NP nomination was made. His act was a mere correction, not a change of party. Furthermore, the NP’s subsequent inclusion of his name without his knowledge or consent could not bind him. The will of the electorate, who voted for Yason in a clean election, must be respected. The Court emphasized that post-election disqualification based on turncoatism could not be used to disenfranchise voters where no substantive violation occurred, distinguishing this case from prior rulings like Ticzon v. COMELEC. Thus, Yason, having obtained the highest number of votes, was entitled to be proclaimed mayor.