9. Tolentino vs. COMELEC GR 148344

Republic of the Philippines SUPREME COURT

Manila EN BANC G.R. No. 148334

January 21, 2004

ARTURO M. TOLENTINO an ARTURO C. MOJICA, Petitioners,

vs. COMMISSION ON ELECTIONS, SENATOR SENATOR RALP! G. RECTO an SENATOR SENATOR GREGORIO B. !ONASAN, Respondents.

DECISIO N CARPIO,  J.:

The Case This is a petition for prohibition to set aside Resolution No. NC !"#!!$ dated $ %une &!!" & !!" '(Resolution No. !"#!!$() and Resolution No. NC !"#!!* dated &! %ul+ &!!" '(Resolution No. !"#!!*() of respondent Coission on Elections '(COME-EC(). Resolution No. !"#!!$  proclaied the " candidates elected as Senators in the "/ Ma+ &!!" elections 0hile Resolution  No. !"#!!* declared (official and final( the ran1in2 of the " Senators proclaied in Resolution  No. !"#!!$. The 3acts Shortl+ after her succession to the Presidenc+ in %anuar+ &!!", President 4loria Macapa2al# 5rro+o noinated then Senator Teofisto Teofisto T. 4uin2ona, %r. '(Senator 4uin2ona() as 6ice# 6ice# President. Con2ress confired the noination of Senator 4uin2ona 0ho too1 his oath as 6ice# President on 7 3ebruar+ &!!". 3ollo0in2 Senator 4uin2ona8s confiration, the Senate on 9 3ebruar+ &!!" passed Resolution  No. 9/ '(Resolution No. 9/() certif+in2 to the e:istence of a vacanc+ in the Senate. Resolution  No. 9/ called on COME-EC to fill the vacanc+ throu2h a special election to be held siultaneousl+ 0ith the re2ular elections on "/ Ma+ &!!". T0elve Senators, 0ith a *#+ear ter each, 0ere due to be elected in that election. election." Resolution No. 9/ further provided that the (Senatorial candidate 2arnerin2 the "th hi2hest nuber of votes shall serve onl+ for the une:pired ter of forer Senator Teofisto Teofisto T. 4uin2ona, %r.,( %r.,( 0hich ends on ! %une &!!/. &! !/.& On $ %une &!!", after COME-EC had canvassed the election results fro all the p rovinces but one '-anao del Norte), COME-EC issued Resolution No. !"#!!$ provisionall+ proclaiin2 " candidates as the elected Senators. Resolution No. !"#!!$ also provided that (the first t0elve

'"&) Senators shall serve for a ter of si: '*) +ears and the thirteenth '"th) Senator shall serve the une:pired ter of three ') +ears of Senator Teofisto T. 4uin2ona, %r. 0ho 0as appointed 6ice#President.( Respondents Ralph Recto '(Recto() and 4re2orio ;onasan '(;onasan() ran1ed "&th and "th, respectivel+, in Resolution No. !"#!!$. On &! %une &!!", petitioners 5rturo Tolentino and 5rturo Mouentl+, ') it failed to specif+ in the 6oters Inforation Sheet the candidates see1in2 election under the special or re2ular senatorial elections as purportedl+ re>uired under Section /,  para2raph / of Republic 5ct No. **/* '(R.5. No. **/*().* P"#$#$on"r% a #&a# '"(au%" o) #&"%" o*$%%$on%, COMELEC (an+a%%" a #&" +o#"% (a%# )or #&" %"na#or$a (an$a#"% $n #&" 14 May 2001 ""(#$on% -$#&ou# $%#$n(#$on %u(& #&a# #&"r" -"r" no #-o %"/ara#" S"na#" ""(#$on% &" %$*u#an"ou%y 'u# u%# a %$n" ""(#$on )or #&$r#""n %"a#%, $rr"%/"(#$+" o) #"r*. @ S#a#" o#&"r-$%", /"#$#$on"r% (a$* #&a# $) &" %$*u#an"ou%y, a %/"($a an a r"uar ""(#$on *u%# '" $%#$nu$%&" $n #&" o(u*"n#a#$on a% -" a% $n #&" (an+a%%$n o) #&"$r r"%u#%. To %u//or# #&"$r (a$*, /"#$#$on"r% ($#" #&" %/"($a ""(#$on% %$*u#an"ou%y &" -$#& #&" r"uar ""(#$on% o) 13 No+"*'"r 11 an 8 No+"*'"r 1 #o )$ #&" %"a#% +a(a#" 'y S"na#or% "rnano Lo/"5 an Caro% P. Gar($a, r"%/"(#$+"y, -&o '"(a*" 6$("7 Pr"%$"n#% ur$n #&"$r #"nur"% $n #&" S"na#". 9 Petitioners point out that in those elections,

COME-EC separatel+ canvassed the votes cast for the senatorial candidates runnin2 under the re2ular elections fro the votes cast for the candidates runnin2 under the special elections. COME-EC also separatel+ proclaied the 0inners in each of those elections.7 Petitioners sou2ht the issuance of a teporar+ restrainin2 order durin2 the pendenc+ of their  petition. Aithout issuin2 an+ restrainin2 order, 0e re>uired COME-EC to Coent on the petition. On &! %ul+ &!!", after COME-EC had canvassed the results fro all the provinces, it issued Resolution No. !"#!!* declarin2 (official and final( the ran1in2 of the " Senators proclaied in Resolution No. !"#!!$. The " Senators too1 their oaths of office on & %ul+ &!!".

In vie0 of the issuance of Resolution No. !"#!!*, the Court re>uired petitioners to file an aended petition ipleadin2 Recto and ;onasan as additional respondents. Petitioners accordin2l+ filed an aended petition in 0hich the+ reiterated the contentions raised in their ori2inal petition and, in addition, sou2ht the nullification of Resolution No. !"#!!*. In their Coents, COME-EC, ;onasan, and Recto all clai that a special election to fill the seat vacated b+ Senator 4uin2ona 0as validl+ held on "/ Ma+ &!!". COME-EC and ;onasan further raise preliinar+ issues on the ootness of the petition and on petitioners8 standin2 to liti2ate. ;onasan also clais that the petition, 0hich see1s the nullit+ of his proclaation as Senator, is actuall+ a >uo 0arranto petition and the Court should disiss the sae for lac1 of  uo 0arranto over 0hich the Senate Electoral Tribunal is the sole uestion other0ise oot if it is capable of repetition +et evadin2 revie0." Thus, in 5lunan III v. Mirasol, "/ 0e too1 co2niance of a petition to set aside an order cancelin2 the 2eneral elections for the San22unian2 abataan '(S() on / Deceber "77& despite that at the tie the petition 0as filed, the S election had alread+ ta1en place. Ae noted in Aunan that since the >uestion of the validit+ of the order sou2ht to be annulled (is li1el+ to arise in ever+ S elections and +et the >uestion a+ not be decided before the date of such elections,( the ootness of the petition is no  bar to its resolution. This observation s>uarel+ applies to the instant case. The >uestion of the validit+ of a special election to fill a vacanc+ in the Senate in relation to COME-EC8s failure to copl+ 0ith re>uireents on the conduct of such special election is li1el+ to arise in ever+ such election. Such >uestion, ho0ever, a+ not be decided before the date of the election. On Petitioners8 Standin2 ;onasan >uestions petitioners8 standin2 to brin2 the instant petition a s ta:pa+ers and voters  because petitioners do not clai that COME-EC ille2all+ disbursed public funds. Neither do  petitioners clai that the+ sustained personal inuentl+ aended Section & of R.5. No. **/$, as follo0s= Postponeent, 3ailure of Election and Special Elections. B : : : In case a peranent vacanc+ shall occur in the Senate or ;ouse of Representatives at least one '") +ear before the e:piration of the ter, the Coission shall call and hold a special election to fill the vacanc+ not earlier than si:t+ '*!) da+s nor lon2er than ninet+ '7!) da+s after the occurrence of the vacanc+. ;o0ever, in case of such vacanc+ in the Senate, the special election shall be held siultaneousl+ 0ith the ne:t succeedin2 re2ular election. 'Ephasis supplied)

Thus, in case a vacanc+ arises in Con2ress at least one +ear before the e:piration of the ter, Section & of R.5. No. **/$, as aended, re>uires COME-EC= '") to call a special election b+ fi:in2 the date of the special election, 0hich shall not be earlier than si:t+ '*!) da+s nor later than ninet+ '7!) after the occurrence of the vacanc+ but in case of a vacanc+ in the Senate, the special election shall be held siultaneousl+ 0ith the ne:t succeedin2 re2ular election? and '&) to 2ive notice to the voters of, aon2 other thin2s, the office or offices to be voted for. Did COME-EC, in conductin2 the special senatorial election siultaneousl+ 0ith the "/ Ma+ &!!" re2ular elections, copl+ 0ith the re>uireents in Section & of R.5. No. **/$J 5 surve+ of COME-EC8s resolutions relatin2 to the conduct of the "/ Ma+ &!!" elections reveals that the+ contain nothin2 0hich 0ould aount to a copliance, either strict or substantial, 0ith the re>uireents in Section & of R.5. No. **/$, as aended. Thus, no0here in its resolutions&/ or even in its press releases &$ did COME-EC state that it 0ould hold a special election for a sin2le three#+ear ter Senate seat siultaneousl+ 0ith the re2ular elections on "/ Ma+ &!!". Nor did COME-EC 2ive foral notice that it 0ould proclai as 0inner the senatorial candidate receivin2 the "th hi2hest nuber of votes in the special election. The controvers+ thus turns on 0hether COME-EC8s failure, assuin2 it did fail, to copl+ 0ith the re>uireents in Section & of R.5. No. **/$, as aended, invalidated the conduct of the special senatorial election on "/ Ma+ &!!" and accordin2l+ rendered ;onasan8s proclaation as the 0inner in that special election void. More precisel+, the >uestion is 0hether the special election is invalid for lac1 of a (call( for such election and for lac1 of notice as to the office to be filled and the anner b+ 0hich the 0inner in the special election is to be deterined. 3or reasons stated belo0, the Court ans0ers in the ne2ative. COME-EC8s 3ailure to 4ive Notice of the Tie of the Special Election Did Not  Ne2ate the Callin2 of such Election The callin2 of an election, that is, the 2ivin2 notice of the tie and place of its occurrence, 0hether ade b+ the le2islature directl+ or b+ the bod+ 0ith the dut+ to 2ive such call, is indispensable to the election8s validit+.&* In a 2eneral election, 0here the la0 fi:es the date of the election, the election is valid 0ithout an+ call b+ the bod+ char2ed to adinister the election.&@ In a special election to fill a vacanc+, the rule is that a statute that e:pressl+ provides that an election to fill a vacanc+ shall be held at the ne:t 2eneral elections fi:es the date at 0hich the special election is to be held and operates as the call for that election. Conse>uentl+, an election held at the tie thus prescribed is not invalidated b+ the fact that the bod+ char2ed b+ la0 0ith the dut+ of callin2 the election failed to do so.&9 This is because the ri2ht and dut+ to hold the election eanate fro the statute and not fro an+ call for the election b+ soe authorit+&7 and the la0 thus char2es voters 0ith 1no0led2e of the tie and place of the election.!

Conversel+, 0here the la0 does not fi: the tie and place for holdin2 a special election but epo0ers soe authorit+ to fi: the tie and place after the happenin2 of a condition precedent, the statutor+ provision on the 2ivin2 of notice is considered andator+, and failure to do so 0ill render the election a nullit+." In the instant case, Section & of R.5. No. **/$ itself provides that in case of vacanc+ in the Senate, the special election to fill such vacanc+ shall be held siultaneousl+ 0ith the ne:t succeedin2 re2ular election. 5ccordin2l+, the special election to fill the vacanc+ in the Senate arisin2 fro Senator 4uin2ona8s appointent as 6ice#President in 3ebruar+ &!!" could not be held at an+ other tie but ust be held siultaneousl+ 0ith the ne:t succeedin2 re2ular elections on "/ Ma+ &!!". The la0 char2es the voters 0ith 1no0led2e of this statutor+ notice and COME-EC8s failure to 2ive the additional notice did not ne2ate the callin2 of such special election, uch less invalidate it. Our conclusion i2ht be different had the present case involved a special election to fill a vacanc+ in the ;ouse of Representatives. In such a case, the holdin2 of the special election is subuired notice to the voters in the "/ Ma+ &!!" special senatorial election covers t0o atters. 3irst, that COME-EC 0ill hold a special election to fill a vacant sin2le three#+ear ter Senate seat siultaneousl+ 0ith the re2ular elections scheduled on the sae date. Second, that

COME-EC 0ill proclai as 0inner the senatorial candidate receivin2 the "th hi2hest nuber of votes in the special election. Petitioners have neither claied nor proved that COME-EC8s failure to 2ive this re>uired notice isled a sufficient nuber of voters as 0ould chan2e the result of the special senatorial election or led the to believe that there 0as no such special election. Instead, 0hat petitioners did is conclude that since COME-EC failed to 2ive such notice, no special election too1 place. This bare assertion carries no value. Section & of R.5. No. **/$, as aended, char2ed those 0ho voted in the elections of "/ Ma+ &!!" 0ith the 1no0led2e that the vacanc+ in the Senate arisin2 fro Senator 4uin2ona8s appointent as 6ice#President in 3ebruar+ &!!" 0as to be filled in the ne:t succeedin2 re2ular election of "/ Ma+ &!!". Siilarl+, the absence of foral notice fro COME-EC does not preclude the possibilit+ that the voters had actual notice of the special election, the office to be voted in that election, and the anner b+ 0hich COME-EC 0ould deterine the 0inner. Such actual notice could c oe fro an+ sources, such as edia reports of the enactent of R.5. No. **/$ and election propa2anda durin2 the capai2n. More than "! illion voters cast their votes in favor of ;onasan, the part+ 0ho stands ost  preuire separate docuentation of candidates or separate canvass of votes in a