G.R. No. L-60504, L-60591, L-60732-39. May 14, 1985.
Meliton C. Geronimo, petitioner, vs. Lt. Fidel V. Ramos, et al.; Julian Pendre, et al.; Ricardo E. Javier, et al., respondents.

FACTS

The consolidated petitions stem from the 1980 mayoralty elections in Baras, Rizal. Petitioner Meliton C. Geronimo was elected mayor but was disqualified by the COMELEC for political turncoatism. The Supreme Court affirmed this disqualification in a final decision on September 26, 1981. Consequently, on February 15, 1982, the COMELEC issued Resolution No. 82-428, declaring Geronimo’s certificate of candidacy void, considering all votes for him as stray, and proclaiming his opponent, Bayani Ferrera, as the duly elected mayor. Geronimo’s motions for reconsideration were denied.
In May 1982, Geronimo and his followers occupied the Baras Municipal Hall, paralyzing official business. The COMELEC cited Geronimo in contempt, sentencing him to imprisonment. He was subsequently arrested by military forces. Geronimo filed petitions for habeas corpus, prohibition, and certiorari, challenging the legality of his detention, the COMELEC’s authority to proclaim Ferrera, and the criminal charges filed against him and his followers.

ISSUE

The primary issues are: (1) Whether the COMELEC acted with grave abuse of discretion in proclaiming Bayani Ferrera as mayor; (2) Whether Geronimo’s arrest and detention for contempt were lawful; and (3) Whether the criminal complaints against Geronimo and his followers have legal basis.

RULING

The Supreme Court granted the petitions in part. On the first issue, the Court ruled that the COMELEC committed grave abuse of discretion in proclaiming Ferrera. The legal logic is anchored on the principle that the disqualification of the winning candidate does not automatically entitle the second-placer to the office. When a candidate is declared disqualified, the votes cast for that candidate are considered stray. Consequently, the candidate who received the next highest number of votes is not deemed elected, as they did not obtain a plurality of valid votes. The correct remedy is to declare a failure of election for that office. The Court, citing Topacio v. Paredes and subsequent jurisprudence, held that the proper successor is the duly elected Vice-Mayor, not the defeated candidate. Thus, the COMELEC’s proclamation of Ferrera was null and void.
Regarding the contempt order, the Court found the COMELEC’s power to cite for contempt is inherent and statutory. However, given the resolution of the main election controversy, the contempt proceedings were deemed moot. The Court ordered Geronimo’s immediate release, as his detention was based on the now-resolved contempt charge. On the criminal complaints, the Court ruled that the acts of occupying the municipal hall, while disruptive, were a direct consequence of the erroneous COMELEC proclamation. With the ruling that Ferrera was not the lawful mayor, the basis for charges like usurpation of authority was removed. The Court directed the dismissal of all related criminal cases, as no crime could be predicated on asserting a right under a void proclamation. The Vice-Mayor was ordered to assume the office of Mayor.