7/28/2019 Tolentino v Comelec case digest

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Article VI, Sec. 9 (Special Election)

TOLENTINO v. COMELEC

GR 1488334 (01/21/04)

Facts:

Pres. GMA, after her succession to the presidency in 2001, nominated Senator Guingona as Vice-President, thus, leaving a vacancy in the Senate. The Senate passed Res. 84 calling on COMELEC to fill

the said vacancy through a special election to be held SIMULTANEOUSLY with the regular electionson May the same year. 12 senators each with a 6-yr term were to be elected. Res. 84 provided that

the candidate with the 13th highest number of votes shall serve for the unexpired term of former Sen.

Guingona (3 years).

Gregorio Honasan ranked 13th in the polls. COMELEC issued Res. 01-005 provisionally proclaimingthe 12 senators (with 6-yr terms) and the 13th senator (for the unexpired term).

Petitioners (Tolentino and Mojica) filed a petition for prohibition against COMELEC, enjoining themfrom the final proclamation the 13th senator, and prayed for the nullification of Res. 01-005.

Issues:

1. Procedural: WON petition is actually for quo warrantoi to be decided by the SenateElectoral tribunal (and not the SC)

2. On the merits: WON the special election was held validly:a. WON Comelecs failure to give notice as to the time of the special election negate the

calling of said election

b. WON Comelecs failure to give notice of office to be filled and the manner ofdetermining the winner misled voters

c. WON separate canvassing and documentation for the special election was requiredHeld:

1. No. The petitioner does not seek to determine Honasans right in the exercise of his office in theSenate. What the petitioners allege is COMELECs failure to comply with certain requirements

pertaining to the conduct of the special election. Hence, the court has jurisdiction.

2. Yes. Special election was held validly. Hence, petition has no merit.a. No. Sec. 2 of RA 6645 (which was passed to implement art 6, sec. 9 of the constitution),

EXPRESSLY PROVIDES that in case of a vacancy in the Senate, the special election shall be held

simultaneously with the next succeeding regular election. In a special election, the rule is that ifa statute expressly provides that an election to fill the vacancy shall be held at the next regular

election, the statute FIXES the date, hence, the election is NOT INVALIDATED by the fact that the

body charged by law with the duty (in this case, COMELEC) failed to do so. (as opposed to if the

law does not fix the time and place but empowers some authority to fix those, the statutory

provision on the giving of notice is considered mandatory and failure to do so will make election

void) The law then charges the voters with knowledge of the statutory notice and COMELECs

failure to give additional notice does not negate the election.

b. No. The test in determining the validity of a special election in relation to the failure to givenotice is whether the lack of notice resulted in misleading a sufficient number of voters. The

petitioners were not able to prove that COMELECs failure to gi ve the notice misled a sufficient

number of voters as would change the result of the vote.

c. No. No such requirements exist. What is mandatory under RA 6645 is for COMELEC to fix thedate if necessary and state the office/s to be voted for. The method adopted by COMELEC merelyimplemented RA No.84 that the senatorial candidate garnering the 13 th highest number of votes

shall serve only for the unexpired term of former Sen. Guingona (an amendment introduced by

Sen. Roco)

WHEREFORE, we DIMISS the petition for lack of merit. So ordered. (Note however, that SC reminded

COMELEC to comply strictly with all the requirements under applicable laws relative to the conduct of elections)

iA quo warranto proceeding is one that determines the right of a public officer in the exercise of his office