Tuesday, January 7, 2020

[CASE DIGESTS] RENATO U. REYES v. COMELEC and ROGELIO DE CASTRO (G.R. No. 120905) / JULIUS O. GARCIA v. COMELEC and RENATO U. REYES (G.R. No. 120940)

March 7, 1996 

Ponente: Mendoza, J.

FACTS:

This is a consolidation of two cases.

FIRST CASE: G.R. No. 120905

In 1994, an administrative complaint was filed before the Sangguniang Panlalawigan of Oriental Mindoro against Renato Reyes, mayor of Bongabong, forthe following alleged infractions of the law:

o that Reyes exacted and collected P50,000,00 from each market stall holder in the Bongabong Public Market;

o that certain checks issued to him by the National Reconciliation and Development Program of the DILG were never received by the Municipal Treasurer nor reflected in the books of accounts of the same officer; and 

o that he took twenty-seven (27) heads of cattle from beneficiaries of a cattle dispersal program after the latter had reared and fattened the cattle for seven months.

In 1995, the Sangguniang Panlalawigan found Reyes guilty of the charges and ordered his removal from office.

Earlier, however, after learning that the Sanggunian had terminated the proceedings in the case and was about to render judgment, Reyes filed a petition for certiorari, prohibition and injunction with the RTC of Oriental Mindoro, alleging that the proceedings had been terminated without giving him a chance to be heard.

A TRO was issued by the court, enjoining the Sangguniang Panlalawigan from proceeding with the case. As a result, the decision of the Sangguniang Panlalawigan could not be served upon Reyes.

Following the expiration of the TRO and without any injunction being issued by the RTC, an attempt was made to serve the decision upon Reyes’ counsel in Manila. However, the latter refused to accept the decision. Subsequent attempts to serve the decision upon Reyes himself also failed, as he also refused to accept the decision.

In March 1995, the Sangguniang Panlalawigan issued an order for Reyes to vacate the position of mayor and peacefully turn over the office to the incumbent vice mayor. But service of the order upon petitioner was also refused.

In the same month, Reyes filed a certificate of candidacy with the Office of the Election Officer of the COMELEC in Bongabong to seek for reelection in the upcoming May 1995 elections.

Rogelio de Castro, as registered voter of Bongabong, filed a complaint for disqualification before the COMELEC against Reyes as candidate for mayor, citing the LGC, which states that:
§40. Disqualification. — The following persons are disqualified from running for any elective local position: . . . . (b) Those removed from office as a result of an administrative case.
COMELEC did not issue any order regarding the disqualification case.

In the May 8, 1995 elections, Reyes was reelected as mayor of Bongabong.

On May 9th, or the day after the elections, COMELEC issued a resolution disqualifying Reyes from running for public office in conformity with Sec. 40 of the LGC, which disqualifies those removed from office as a result of an administrative case.

The next day, May 10th, the Municipal Board of Canvassers of Bongabong, apparently unaware of the disqualification of Reyes by the COMELEC, proclaimed him the duly-elected mayor.

In June 1995, Reyes filed an MR on his disqualification. He argued that pursuant to the condonation doctrine (i.e., a public official could not be removed for misconduct committed during a prior term and that his reelection operated as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefor) in the case of Aguinaldo v. Santos, his reelection was a bar to his disqualification.

COMELEC denied his motion, declared him to have been validly disqualified as candidate and, consequently, set aside his proclamation as municipal mayor of Bongabong.
Hence, the instant petition.



SECOND CASE: G.R. No. 120940

Julius M. Garcia, who obtained the second highest number of votes next to Reyes in the May 8, 1995 elections, intervened in the COMELEC after the main decision disqualifying Renato Reyes was promulgated. Garcia argued that because Reyes was disqualified, he (Garcia) was entitled to be proclaimed mayor of Bongabong, Oriental Mindoro.

He argued further that:

o the COMELEC en banc should have decided his petition at least 15 days before the May 8, 1995 elections as provided in Sec. 78 of the Omnibus Elections Code, and that because it failed to do so, many votes were invalidated which could have been for him had the voters been told earlier who were qualified to be candidates;
o that the decision of the Sangguniang Panlalawigan was final and executory and resulted in the automatic disqualification of Reyes, and the COMELEC did not need much time to decide the case for disqualification against Reyes since the latter did not appeal the decision in the administrative case ordering his removal; and

o that the COMELEC should have considered the votes cast for Reyes as stray votes.

COMELEC dismissed Garcia's contentions. In its resolution on the matter, the COMELEC held that, pursuant to the SC's ruling in Republic v. De la Rosa, a candidate who obtains the second highest number of votes in an election cannot be declared winner.

Hence, the instant petition.

RULING

Both petitions are dismissed for lack of showing that the COMELEC committed grave abuse of discretion in issuing the resolutions in question.

Whether the Sangguniang Panlalawigan’s decision ordering the removal of Reyes from office has attained finality despite the Sanggunian’s failure to personally serve a copy of the order to him. – YES.

Whether the Sanggunian’s decision ordering the removal of Reyes from office is a valid ground for his disqualification in the May 1995 elections. – YES.

Reyes’ consistent refusal to receive a copy of the Sanggunian’s decision in the administrative case against him may be construed as a waiver on his part to have a copy of the decision.

The purpose of the rules on service is to make sure that the party being served with the pleading, order or judgment is duly informed of the same so that he can take steps to protect his interests, enable a party to file an appeal or apply for other appropriate reliefs before the decision becomes final. In practice, service means the delivery or communication of a pleading, notice or other papers in a case to the opposite party so as to charge him with receipt of it, and subject him to its legal effect.

In the case at bar, Reyes was given sufficient notice of the decision. Although a TRO was issued by the RTC, no preliminary injunction was subsequently issued. The TRO issued expired after 20 days. From that moment on, there was no more legal barrier to the service of the decision upon petitioner.

Prudence required that, rather than resist the service, he should have received the decision and taken an appeal to the Office of the President in accordance with R.A. No. 7160, § 67. But he did not do so. Accordingly, the decision became final 30 days after the first service upon him.

If a judgment or decision is not delivered to a party for reasons attributable to him, service is deemed completed and the judgment or decision will be considered validly served as long as it can be shown that the attempt to deliver it to him would be valid were it not for his or his counsel's refusal to receive it.

The net result of all these instances of refusal to be served a copy of the Sanggunian’s decision was that when the elections were held on May 8, 1995, the decision of the Sangguniang Panlalawigan had already become final and executory.

The filing of a petition for certiorari with the RTC did not prevent the administrative decision from attaining finality. An original action of certiorari is an independent action and does not interrupt the course of the principal action nor the running of the reglementary period involved in the proceeding.

Doctrine of condonation inapplicable

Reyes argued that because he was reelected, the administrative charges against him were rendered moot and academic.

In Aguinaldo v. COMELEC, it was held that a public official could not be removed for misconduct committed during a prior term and that his reelection operated as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefor.

In the Aguinaldo cases, before the petition questioning the validity of the administrative decision removing Aguinaldo could be decided, the term of office during which the alleged misconduct was committed expired. Removal cannot extend beyond the term during which the alleged misconduct was committed. If a public official is not removed before his term of office expires, he can no longer be removed if he is thereafter reelected for another term. This is the rationale for the ruling in the two Aguinaldo cases.

Furthermore, at the time the Aguinaldo cases were decided, the LGC was not yet in effect. At the time, there was no provision similar to § 40(b) of the LGC, which disqualifies any person from running for any elective position on the ground that he has been removed as a result of an administrative case. The LGC could not be given a retroactive effect.

But the doctrine of condonation is inapplicable in the instant case. Here, although Reyes brought an action to question the decision in the administrative case, the TRO issued in the action he brought lapsed, with the result that the decision was served on petitioner and it thereafter became final on April 3, 1995, because petitioner failed to appeal to the Office of the President. He was thus validly removed from office and, pursuant to § 40(b) of the LGC, he was disqualified from running for reelection.

On Reyes’ contention that he was not afforded due process by the Sanggunian

It appears that Reyes was given sufficient opportunity to file his answer. In fact, he filed several motions and manifestations before the Sanggunian for extension of time and even a motion to dismiss. He was also afforded an opportunity to cross-examine the witnesses, but he failed to do so. He would say later that this was because he had filed a motion for postponement and was awaiting a ruling thereon. This only betrayed the pattern of delay he had employed to render the case against him moot by his election.

Whether Garcia may be validly proclaimed as the winning mayor in view of the disqualification of Renato Reyes. – NO.

To simplistically assume that the second placer would have received the other votes would be to substitute the Court’s judgment for the mind of the voter. The second placer is just that, a second placer. He lost the elections. He was repudiated by either a majority or plurality of voters. He could not be considered the first among qualified candidates because in a field which excludes the disqualified candidate, the conditions would have substantially changed.

Garcia’s plea that the votes cast for Reyes be invalidated is without merit. The votes cast for Reyes are presumed to have been cast in the belief that Reyes was qualified and for that reason cannot be treated as stray, void, or meaningless. The subsequent finding that he is disqualified cannot retroact to the date of the elections so as to invalidate the votes cast for him.

It cannot also be said that COMELEC committed grave abuse of discretion. The fact is, the 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.

As such, there is no merit in the argument that the COMELEC should have seen right away that Reyes had not exhausted administrative remedies by appealing the decision of the Sangguniang Panlalawigan and, therefore, should have disqualified him before the elections.



SEPARATE OPINION

Padilla, J., concurring and dissenting

Concurs with the ponencia EXCEPT insofar as it reiterates case law that where a first placer in an election is disqualified and cannot be proclaimed, the second placer cannot likewise be declared elected and proclaimed. Justice Padilla argues that, consistent with his opinion in Marcos vs. Montejo (G.R. No. 119976), when a first placer is disqualified, the qualified candidate with the highest number of votes should be proclaimed. As applied in the instant case, Garcia should have been proclaimed the elected mayor of Bongabong, Oriental Mindoro because he was the candidate with qualifications for the office who received the highest number of votes (after Renato Reyes was declared disqualified).