Jalosjos vs.
COMELEC certificate of compliance of probation fraudulently issued, Jalosjos has yet to
[G.R. No. 193237, October 9, 2012] serve sentence (1 yr, 8 months, 20 days of prision correccional as minimum, to
4 yrs, 2 months, 1 day of prision mayor as maximum), rendering him not
Ponente: Carpio eligible for Office. COMELEC denied motion for reconsideration filed by
Jalosjos. Both candidates appeal case to the Court. Jalosjos files a motion for
Petitioner: Dominador G. Jalosjos, Jr.
reconsideration while Cardino questions the application of application of the
Respondent: Commission on Elections and Agapito J. Cardino
rule of succession to fill the vacancy on the Office of the Mayor.
Issue: Civil Interdiction, Special Disqualification
ISSUE:
FACTS:
1. WON COMELEC committed grave abuse of discretion amounting
Jalosjos and Cardino were candidates for Mayor of Dapitan City, to lack or excess of jurisdiction in ruling that (a) Jalosjos’ probation
Zamboanga del Norte, the former running for a third term. On 6 December was revoked, (b) that Jalosjos was disqualified to run as a candidate.
2009, Cardino filed a petition under Section 78 of the Omnibus Election 2. WON COMELEC committed grave abuse of discretion amounting
Code to deny due course and to cancel the certificate of candidacy of to lack or excess of jurisdiction when it ruled that Local Government
Jalosjos. He asserted that Jalosjos made a false material representation in his Code on succession should apply.
certificate of candidacy when he declared under oath that he was eligible for HELD:
the Office of Mayor.
1.a) No. It was proven that certificate of compliance was issued fraudulently.
Cardino claimed that Jalosjos had already been convicted by final
judgement for robbery and sentenced to prision mayor by the RTC, Branch 1.b) No COMELEC did not ere in ruling that Jalosjos was disqualified from
18 of Cebu City and has not yet served his sentence. Jalosjos admitted to Office. A false statement in a certificate of candidacy that a candidate is
conviction, but claims that he has been granted probation and complied with eligible to run for public office is a false material representation which is a
the order of probation in an Order of the RTC dated 5 February 2004. Same ground for a petition under Section 78 of the same Code. Sections 74 and 78.
Order was used by the COMELEC to dismiss the disqualification case filed Section 74 requires the candidate to state under oath in his certificate of
candidacy "that he is eligible for said office." A candidate is eligible if he has
against him in 2004.
a right to run for the public office. If a candidate is not actually eligible
because he is barred by final judgment in a criminal case from running for
It was later discovered that on 17 June 1985, Jalosjos filed a petition public office, and he still states under oath in his certificate of candidacy that
for probation which was granted. However, on motion filed by his probation he is eligible to run for public office, then the candidate clearly makes a false
officer, his probation was revoked and corresponding warrant of arrest was material representation that is a ground for a petition under Section 78.
issued. On 19 December 2003, Parole and Probation Administrator Gregorio
F. Bacolod issued a certification attesting that Jalosjos had fulfilled the terms Sec. 40 (a) of the Local Government Code also holds that “those sentenced
of his probation. It was later proven that Bacolod was guilty of issuing a by final judgment for an offense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonment, within two (2) years
falsified certification. after serving sentence” are disqualified from running for any elective local
position.
On 10 May 2010, Cardino’s petition was granted. COMELEC ruled
that Jalosjos had indeed committed material misrepresentation. With the
Sec. 12 of the Omnibus Election Code also states that “any person who has
been declared by competent authority insane or incompetent, or has been
sentenced by final judgment for subversion, insurrection, rebellion or for any
offense for which he was sentenced to a penalty of more than eighteen
months or for a crime involving moral turpitude, shall be disqualified to be a
candidate and to hold any office, unless he has been given plenary pardon or
granted amnesty.”
The penalty of Jalosjos also carried the accessory penalty of perpetual
special disqualification. According to Art. 31 of the RPC the effects of the
penalties of perpetual or temporary special disqualification are as follows:
The penalties of perpetual or temporary special disqualification for public
office, profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or calling
affected.
2. The disqualification for holding similar offices or employments
either perpetually or during the term of the sentence, according to the
extent of such disqualification.
2.) Yes. Jalosjos was not eligible when he filed his certificate of candidacy.
Since his candidacy was void ab initio, Jalosjos was never considered a
candidate and all votes for him were stray votes, leaving Cardino as the only
qualified candidate that garnered that highest number of votes, or in other
words, Cardino ran unopposed.
Jalosjos’s petition (G.R. No. 193237) is DENIED. Cardino’s petition (G.R.
No. 193536) is GRANTED. COMELEC Resolution AFFIRMED with the
MODIFICATION that Agapito J. Cardino ran unopposed and COMELEC
is DIRECTED to constitute a Special City Board of Canvassers to proclaim
Cardino as duly elected Mayor of Dapitan City.
