Ponente: Mendoza, J.
SUMMARY:
Bongabong mayor Renato Reyes was removed from office as a
result of a finding of guilt in an administrative case filed against him before
the Sangguniang Panlalawigan of Oriental Mindoro. Reyes refused to vacate his
office and even sought for reelection in the May 1995 elections. A
disqualification case was filed against him pursuant to Sec. 40 of the LGC,
which disqualifies those removed from office as a result of an administrative
case from running for any elective local position. Reyes won in the mayoralty
race against his opponent, Julius Garcia.
Subsequently, the COMELEC issued a
resolution disqualifying Reyes from the elections and setting aside his proclamation
as the winning candidate. Given this development, Garcia sought to be proclaimed
as the mayor, but COMELEC dismissed this contention.
The SC held that Reyes was
indeed disqualified from running for public office given the validity of the Sanggunian’s
order finding him guilty in the administrative case filed against him. The SC
also held that despite Reyes’ disqualification, Garcia as the candidate earning
the second highest number of votes in the elections could still not be
proclaimed as the winner.
The SC ruled that as far as Garcia is concerned, he
could not be considered the first among qualified candidates because in a field
which excludes a disqualified candidate, the conditions would have
substantially changed.
DOCTRINE:
Those removed from office as a result of an administrative
case are disqualified from running for any elective local position. COMELEC can
continue proceedings for disqualification against a candidate even after the
election and order the suspension of his proclamation whenever the evidence of
his guilt is strong.