Republic of the
Supreme Court
Manila
THIRD
DIVISION
|
ATTY. LUCKY
M. DAMASEN, Petitioner, - versus - OSCAR G.
TUMAMAO,
Respondent. |
G.R. No.
173165 Present:
CORONA, J., Chairperson, velasco, jr., nachura, PERALTA, and MENDOZA, jj. Promulgated: February 17, 2010
|
|
x - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x D
E C I S I O N PERALTA,
J.: |
|
Before
this Court is a Petition for Review on Certiorari,[1]
under Rule 45 of the 1997 Rules of Civil Procedure, assailing the June 14, 2006
Decision[2]
of the Court of Appeals (CA) in CA-G.R. SP No. 90882.
The
facts of the case are as follows:
On
December 2, 2004, Nelia Tumamao, the Vice-Mayor of San Isidro, Isabela, died.[3]
As a result, a permanent vacancy was created in the Office of the Vice-Mayor.
Pursuant
to Sec. 44 of Republic Act (RA) No. 7160,[4]
Ligaya C. Alonzo (Alonzo) was elevated to the position of Vice-Mayor, she being
the highest-ranking member of the Sangguniang Bayan, that is, the one who
garnered the highest number of votes for that office.[5]
As a result, a permanent vacancy was created in the Sangguniang Bayan.
To
fill up the ensuing vacancy in the Sangguniang Bayan, San Isidro Mayor Abraham
T. Lim (Mayor Lim) recommended to Governor Maria Gracia Cielo M. Padaca
(Governor Padaca), the appointment of respondent Oscar G. Tumamao (Tumamao), a
member of the Laban ng Demokratikong Pilipino (LDP), the same political party
to which Alonzo belonged.[6]
On
April 15, 2005, Tumamao took his oath as a member of the Sangguninang Bayan
before Mayor Lim.[7]
On
April 26, 2005 and May 3, 2006, Tumamao attended the regular sessions of the
Sangguniang Bayan.[8]
On
May 5, 2005, petitioner Atty. Lucky Damasen (Damasen) became a member of the
LDP after taking his oath of affiliation before the LDP Provincial Chairman,
Ms. Ana Benita Balauag (Provincial Chairman Balauag).[9]
On
even date, Damasen was able to secure from LDP Provincial Chairman Balauag a
letter of nomination addressed to Governor Padaca for his appointment to the
Sangguniang Bayan.[10]
On
May 12, 2005, Damasen was appointed as Sangguniang Bayan member by Governor
Padaca.[11]
On
May 16, 2005, Damasen took his oath as member of the Sangguniang Bayan before
Governor Padaca.[12]
On
May 17, 2005, Damasen attended the Sangguniang Bayan session, but with Tumamao
present thereat, the former was not duly recognized.[13]
Hence, in the afternoon of the same day, Damasen filed with the Regional Trial Court
of Santiago City (RTC) a Petition for Quo Warranto with Prayer for the Issuance
of a Writ of Preliminary Injunction,[14]
seeking to be declared the rightful member of the Sangguniang Bayan, claiming
that he had been nominated by LDP Provincial Chairman Balauag and had been
appointed thereto by Governor Padaca.[15]
The case was docketed as Special Civil Action Case No. 0234.
The
RTC issued a Temporary Restraining Order effective for 72 hours. Thereafter,
the RTC issued an order extending the Temporary Restraining order to 17 days.
Later,
in the hearing to determine the propriety of issuing a Writ of Preliminary Injunction,
Damasen testified that he is a member of the LDP and was nominated to the
position in question by LDP Provincial Chairman Balauag; that pursuant thereto,
he was appointed by Governor Padaca as a member of the Sangguniang Bayan, and
that he later took his oath before her; but that during session of the
Sangguniang Bayan on May 12, 2005, he was not recognized by a majority of its
members.[16]
For
his part, Tumamao called to the witness stand his counsel Atty. Ernest Soberano
(Soberano), who identified a letter dated June 14, 2005, signed by LDP
Provincial Chairman Balauag, which states that the latter was revoking her
nomination of Damasen, and that she was confirming Tumamao’s nomination made by Mayor Lim.[17]
Later, Tumamao presented Provincial Chairman Balauag who affirmed the contents
of her letter revoking the nomination of Damasen.[18]
On
August 4, 2005, the RTC rendered a Decision[19]
ruling in favor of Damasen, the dispositive portion of which reads:
WHEREFORE, after careful
evaluation of the evidence presented, the Court resolves the petition declaring
petitioner, Atty. Lucky M. Damasen as the rightful person to have the right to
occupy and exercise the functions of Sangguniang Bayan member of San Isidro,
Isabela, enjoining, excluding respondent Oscar G. Tumamao from occupying and
exercising the function of Sangguniang Bayan member of San Isidro, Isabela,
from usurping and unlawfully holding or exercising said office. After
determining that herein petitioner is the rightful person to occupy and
exercise the functions of Sangguniang Bayan member of San Isidro, Isabela, it
follows that he is entitled to the salaries, benefits and other emoluments
appurtenant to the position. He is also entitled to recover his costs.
SO ORDERED.[20]
The
RTC based its decision on Sec. 45 (b) of RA 7160,[21]
which provides for the rule on succession in cases of permanent vacancies in
the Sangguninan. The RTC ruled that the evidence submitted by Damasen proved
that the requirements to be able to qualify for the position was fully complied
with.[22]
Moreover, the RTC held that the
revocation of the political nomination issued by LDP Provincial Chairman
Balauag was done after Governor Padaca had acted on it and had issued the
appointment of Damasen.[23]
Hence, the RTC declared that it could no longer undo what Governor Padaca had
done, absent any showing of grave abuse of discretion.[24]
Tumamao
appealed the RTC Decision to the CA. On
June 14, 2006, the CA rendered a Decision reversing the appealed Decision, the
dispositive portion of which reads:
UPON THE VIEW WE TAKE OF THIS
CASE, THUS, the judgment appealed from must be, as it hereby is, VACATED and
SET ASIDE. The Quo Warranto case is hereby DISMISSED for lack of merit. Without
special pronouncement as to costs.
SO ORDERED.[25]
The
CA held that Damasen was not entitled to assume the vacant position in the
Sangguniang Bayan, thus:
While Atty. Damasen
might have been appointed by Governor Padaca, this appointment must fly in the
face of the categorical and unbending sine qua non requirements of the statute.
Indeed, Atty. Damasen
was nominated simply by Ms. Balauag, the Provincial Chairman of the LDP, who
obviously is not the highest official of this political party. It cannot escape
notice that the quoted provision particularizes: “highest official of the
political party concerned” without any additional qualifying or restrictive
words.
According credence to
the June 16, 2005 letter of the LDP Deputy Secretary Counsel Demaree Raval,
(and we have no reason not to), it should be easy enough to see that Atty.
Damasen also was not a member of the LDP, as his application for membership
therein was not endorsed to the LDP’s National Council for approval.
More importantly,
Atty. Damasen’s aforesaid nomination was eventually withdrawn, cancelled or
revoked by Ms. Balauag, who declared that she was misled into accepting him as
member of the LDP (owing to the fact that Atty. Damasen was affiliated with the
Lakas CMD-Party and under the banner of this party indeed ran for Mayor of San
Isidro against the LDP candidate for Mayor), and in nominating him. That much
is clear from Ms. Balauag’s letter of June 14, 2005 to Governor Padaca, the
contents whereof she affirmed in her testimony, as follows: x x x
Oddly enough, Atty.
Damasen helped accentuate Ms. Balauag’s thesis by admitting that he was
previously a member of the Lakas-CMD, and that he did not resign therefrom when
he joined the LDP, and moreover, his joining the LDP was not based on party
ideals but because he just wanted to.[26]
Damasen
did not file a motion for reconsideration of the CA Decision and instead sought
direct relief from this Court via the
present petition for review. In his
petition, Damasen raised the following issues for this Court’s resolution, to
wit:
A.
THE COURT OF
APPEALS ERRED IN DISMISSING THE QUO WARRANTO ON THE BASIS THAT THE NOMINATION
OF THE PETITIONER DID NOT COMPLY WITH THE REQUIREMENTS OF SECTION 45 OF
REPUBLIC ACT 7160.
B.
THE COURT OF
APPEALS ERRED IN ITS DECISION WHEN IT DID NOT RULE ON THE VALIDITY OF THE
ASSUMPTION TO OFFICE OF PRIVATE RESPONDENT AS SANGGUNIANG BAYAN.
C.
THE COURT OF
APPEALS ERRED IN NOT DISMISSING THE APPEAL FAILED BY THE PRIVATE RESPONDENT THE
LATTER HAVING NO AUTHORITY TO QUESTION THE VALIDITY OF THE APPOINTMENT OF
PETITIONER.[27]
The
petition is not meritorious.
At the outset, this
Court shall address a procedural matter raised by Damasen. Damasen argues that
Tumamao was not appointed as Sangguniang Bayan and, therefore, the latter has
no right to question his appointment by way of appeal.[28]
More specifically, Damasen argues in the wise:
By reason of the appeal, the
situation of the parties had been changed since it is now the private
respondent who is assailing petitioner’s exercise of a public office. Else wise
stated, the private respondent is now alleging that the petitioner is a person
who usurps, intrudes into, or unlawfully holding the position of Sangguniang
Bayan. This being the case, the proper legal remedy should be a separate case
of Quo Warranto to be filed against petitioner.[29]
Damasen’s contention
that Tumamao should have filed a separate case of quo warranto and not an appeal to the CA does not hold water. The
determination of who, between Damasen and Tumamao, is entitled to the contested
position is the crux of the controversy in the case at bar. Hence, a separate action would only be
tantamount to a multiplicity of suits, which is abhorred by law.
It is undisputed
that the law applicable to herein petition is Sec. 45(b) of RA 7160, which
provides for the rule on succession in cases of permanent vacancies in the
Sanggunian, to wit:
Section
45. Permanent Vacancies in the Sanggunian. –
(a)
Permanent vacancies in the sanggunian where automatic succession provided above
do not apply shall be filled by appointment in the following manner:
(1)
The President, through the Executive Secretary, in the case of the Sangguniang Panlalawigan
and the Sangguniang Panlungsod of highly urbanized cities and independent
component cities;
(2)
The governor, in the case of the Sangguniang panlungsod of component cities and
the Sangguniang Bayan;
(3)
The city or municipal mayor, in the case of Sangguniang Barangay, upon
recommendation of the Sangguniang Barangay concerned.
(b) Except for the Sangguniang Barangay, only the
nominee of the political party under which the sanggunian member concerned had
been elected and whose elevation to the position next higher in rank created
the last vacancy in the sanggunian shall be appointed in the manner hereinabove
provided. The appointee shall come from
the same political party as that of the sanggunian member who caused the
vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a
nomination and a certificate of membership of the appointee from the highest
official of the political party concerned are conditions sine qua non, and
any appointment without such nomination and certification shall be null and
void ab initio and shall be a ground for administrative action against the
official responsible therefore.[30]
As
can be gleaned from the above provision, the law provides for conditions for
the rule of succession to apply: First,
the appointee shall come from the same political party as that of the Sanggunian
member who caused the vacancy. Second,
the appointee must have a nomination and a Certificate of Membership from the
highest official of the political party concerned.
It
is the contention of Damasen that he has complied with the requirements of Sec.
45 (b) of RA 7160. Specifically, Damasen’s position is predicated on his
submission of the following documents:
1.
Oath of
Affiliation with the LDP[31]
dated May 5, 2005;
2.
Certificate of
Membership with the LDP[32]
dated May 5, 2005;
3.
Letter of
Nomination made by LDP Provincial Chairman Ana Benita G. Balauag[33]
dated May 5, 2005;
4.
Letter of
Appointment from Governor Padaca[34]
dated May 12, 2005;
5.
Panunumpa sa
Katungkulan as Sangguniang Bayan member[35]
dated May 16, 2005.
For
his part, Tumamao argued that Damasen has not complied with the requirements of
the law. Tumamao argued in the main that Damasen is not a bona-fide member of
the LDP and that Provincial Chairman Balauag is not the “highest official” of
the LDP as contemplated under Sec. 45 (b) of RA 7160.
In
order to resolve the brewing dispute on Damasen’s membership in the LDP, this
Court shall hereunder discuss and scrutinize two documents which are vital for
a just resolution of the petition at bar, the first being the June 14, 2005
letter[36]
of LDP Provincial Chairman Balauag to Governor Padaca, and the second being the
June 16, 2005 letter[37]
of Demaree J.B. Raval, the Deputy Secretary Counsel of the LDP also to Governor
Padaca.
Revocation of the nomination given by the LDP
Provincial Chairman
On
June 14 2005, LDP Provincial Chairman Balauag sent a letter to Governor Padaca
revoking the nomination she issued in favor of Damasen, the text of which in
hereunder reproduced in its entirety, to wit:
This refers to the nomination
which I issued in favor of Atty. Lucky M. Damasen to fill in the vacancy in the
Sangguniang Bayan of San Isidro, Isabela dated May 5, 2005.
When Judge Jose O. Ramos (Ret.)
together with Atty. Damasen came to see me at my residence in Quezon City
sometime in the month of May, 2005, to request the nomination of Atty. Damasen,
he did not inform me that Atty. Damasen was a candidate for Mayor in the May
2004 elections affiliated with the Lakas Party and who ran against our Party’s
candidate for Mayor in San Isidro. I was
given the impression that Atty. Damasen was not affiliated with any political
party that is why I signed the documents presented to me and endorsed his
nomination. However, I later learned that Atty. Damasen was actually a
candidate for Mayor and a member of Lakas so that his joining our Party and his
nomination as such to the vacant position of Sanggunian member is not
accordance with our Party’s principles pursuant to Sec. 2, Art. IV of our
By-Laws.
In view of the foregoing, as the
Provincial Chairman of LDP-LABAN, I am constrained to withdraw, cancel, and/or
revoke the nomination issued to Atty. Lucky M. Damasen dated May 5, 2005 for
all legal intents and purposes.[38]
In
his defense, Damasen maintains that he did not commit any misrepresentation
when he secured his Certificate of Nomination and Membership from LDP
Provincial Chairman Balauag. Damasen
thus argued in this wise:
According to ANA BENITA BALAUAG when
she testified, she claimed that she did not know that petitioner was a
candidate for Mayor during the last Local and National Election. This is absurd
because Echague, Isabela where ANA BENITA BALAUAG also ran for Mayor is just an
adjoining town of San Isidro, Isabela. xxx[39]
In
addition, Damasen asservates that in the Philippines, politicians change their
political affiliation more often than not.[40]
More importantly, Damasen is of the belief that the subsequent revocation of
the nomination after he was already appointed by the Governor has no legal
effect, to wit:
Respondent
is of the view that since the nomination of the petitioner dated May 5, 2005
has been cancelled and/or revoked by LDP Isabela Provincial Chairman ANA BENITA
BALAUAG on June 14, 2005, petitioner no longer has a right to be a member of
the Sangguniang Bayan. This is wrong. The respondent should open its eyes and
must come to realize that the revocation and/or cancellation CAME AFTER the
petitioner has been APPOINTED. x x x x[41]
It
is not the province of this Court to decide if in fact LDP Provincial Chairman
Balauag knew or should have known that Damasen was a member of the Lakas-CMD
party. However, as can be gleaned from
the Transcript of Stenographic Notes dated July 12, 2005, LDP Provincial
Chairman Balauag repeatedly denied knowing that Damasen ran for Mayor in San
Isidro, Isabela.[42]
The same notwithstanding, this Court must take into consideration the fact that
Damasen was previously a member of the Lakas-CMD party. Likewise, while the
revocation of Damasen’s nomination came
after the fact of his appointment by Governor Padaca, the same should not serve
to bar any contest on said appointment as the primordial issue to be determined
is whether or not Damasen has complied with the requirements of Sec. 45 (b) of
RA 7160.
Letter from the LDP that Damasen is not a bona fide
member
What
is damning to the cause of Damasen, is the letter of Demaree J.B. Raval, the
Deputy Secretary Counsel of the LDP, addressed to Governor Padaca wherein it is
categorically stated that Damasen is not a bona fide member of the LDP, to wit:
x x x x
As regards
the claim of Mr. Lucky Magala Damasen, please be informed that pursuant to the
LDP Constitution, Mr. Damasen does not
appear in our records as a bona fide member of the LDP. While it is true
that Mr. Damasen may have been issued a Certificate of Membership dated May 5,
2005 by our Provincial Chairman for Isabela, Mrs. Ana Benita G. Balauag, his membership has not been endorsed (even
to date) to the LDP National Council for approval. Besides, the Certificate
of Candidacy of Mr. Damasen for the May 10, 2004 elections shows that he was
nominated by the “Lakas-CMD Party”.[43]
Like
the CA, this Court has no reason to doubt the veracity of the letter coming
from the LDP leadership. Quite clearly, from the tenor of the letter, it
appears that the membership of Damasen still had to be approved by the LDP
National Council. Thus, notwithstanding Damasen’s procurement of a Certificate of
Membership from LDP Provincial Chairman Balauag, to this Court’s mind, the same
merely started the process of his membership in the LDP, and it did not mean
automatic membership thereto. While it may be argued that Damasen was already a
member upon receipt of a Certificate of Membership from LDP Provincial Chairman
Balauag, this Court cannot impose such view on the LDP. If the LDP leadership says that the membership
of Damasen still had to be endorsed to the National Council for approval, then
this Court cannot question such requirement in the absence of evidence to the
contrary. It is well settled that the discretion
of accepting members to a political party is a right and a privilege, a purely
internal matter, which this Court cannot meddle in.
In resolving the petition at bar, this
Court is guided by Navarro v. Court of
Appeals[44](Navarro), where this Court explained
the reason behind the rule of succession under Sec. 45 (b) of RA 7160, to wit:
The
reason behind the right given to a political party to nominate a replacement
where a permanent vacancy occurs in the Sanggunian is to maintain the party
representation as willed by the people in the election.
With the elevation of petitioner
Tamayo, who belonged to REFORMA-LM, to the position of Vice-Mayor, a vacancy
occurred in the Sanggunian that should be filled up with someone belonging to
the political party of petitioner Tamayo. Otherwise, REFORMA-LM’s
representation in the Sanggunian would be diminished. Xxx. As earlier pointed out, the reason behind Par. (b), Sec. 45 of the
Local Government Code is the maintenance of party representation in the
Sanggunian in accordance with the will of the electorate.[45]
Since
the permanent vacancy in the Sanggunian occurred because of the elevation of LDP
member Alonzo to vice-mayor, it follows that the person to succeed her should
also belong to the LDP so as to preserve party representation. Thus, this Court cannot countenance Damasen’s
insistence in clinging to an appointment when he is in fact not a bona fide member of the LDP. While the
revocation of the nomination given to Damasen came after the fact of his
appointment, this Court cannot rule in his favor, because the very first
requirement of Sec. 45 (b) is that the appointee must come from the political
party as that of the Sanggunian member who caused the vacancy. To stress,
Damasen is not a bona fide member of
the LDP.
In
addition, appointing Damasen would not serve the will of the electorate. He
himself admitts that he was previously a member of the Lakas-CMD, and that he
ran for the position of Mayor under the said party on the May 2004
Elections. Likewise, he did not resign
from the said party when he joined the LDP, and even admitted that his joining
the LDP was not because of party ideals, but because he just wanted to.[46]
How can the will of the electorate be best served, given the foregoing
admissions of Damasen? If this Court were to grant herein petition, it would
effectively diminish the party representation of the LDP in the Sanggunian, as
Damasen would still be considered a member of the Lakas-CMD, not having
resigned therefrom, a scenario that defeats the purpose of the law, and that
ultimately runs contrary the ratio of Navarro.
Lastly,
the records of the case reveal that Tumamao has the nomination[47]
of Senator Edgardo J. Angara, the Party Chairman and, therefore, the highest
official of the LDP. In addition, he is
a member in good standing of the LDP.[48]
Thus, given the foregoing, it is this Court’s view that Tumamao has complied
with the requirements of law.
WHEREFORE,
premises considered, the petition is
DENIED. The June 14, 2006 Decision of the Court of Appeals in CA-G.R. SP
No. 90882, is AFFIRMED.
SO ORDERED.
DIOSDADO M. PERALTA
Associate Justice
WE CONCUR:
RENATO C. CORONA
Associate Justice
Chairperson
|
PRESBITERO J. VELASCO, JR. Associate Justice |
ANTONIO EDUARDO B. NACHURA Associate Justice |
|
JOSE CATRAL MENDOZA Associate Justice |
|
ATTESTATION
I attest that the conclusions in
the above Decision had been reached in consultation before the case was
assigned to the writer of the opinion of the Court’s Division.
RENATO
C. CORONA
Associate Justice
Third Division, Chairperson
Chief Justice
[1]
Rollo, pp. 3-34.
[2]
Penned by Associate Justice
Renato C. Dacudao with Associate Justices Hakim S. Abdulwahid and Monina
Arevalo Zeñarosa, concurring, id. at
39-52.
[3]
Rollo, p. 40.
[4]
Otherwise known as the Local
Government Code of 1991. Section 44 provides:
Section 44. Permanent Vacancies in the
Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. - If a
permanent vacancy occurs in the office of the governor or mayor, the
vice-governor or vice-mayor concerned shall become the governor or mayor. If a
permanent vacancy occurs in the offices of the governor, vice-governor, mayor,
or vice-mayor, the highest ranking sanggunian member or, in case of his
permanent inability, the second highest ranking sanggunian member, shall become
the governor, vice-governor, mayor or vice-mayor, as the case may be.
Subsequent vacancies in the said office shall be filled automatically by the
other sanggunian members according to their ranking as defined herein.
(a) If a permanent vacancy occurs in the office of
the punong barangay, the highest ranking sanggunian barangay member or, in case
of his permanent inability, the second highest ranking sanggunian member, shall
become the punong barangay.
(b) A tie between or among the highest ranking
sanggunian members shall be resolved by the drawing of lots.
(c) The successors as defined herein shall serve
only the unexpired terms of their predecessors.
For purposes of this Chapter, a permanent vacancy
arises when an elective local official fills a higher vacant office, refuses to
assume office, fails to qualify, dies, is removed from office, voluntarily
resigns, or is otherwise permanently incapacitated to discharge the functions
of his office.
For purposes
of succession as provided in the Chapter, ranking in the sanggunian shall be
determined on the basis of the proportion of votes obtained by each winning
candidate to the total number of registered voters in each district in the
immediately preceding local election.
[5]
Rollo, p. 40.
[6]
Id.
[7]
Rollo, p. 40.
[8] Id.
[9]
Id. at 41.
[10]
Id.
[11]
Id.
[12]
Id.
[13]
Id.
[14]
RTC records, pp. 1-14.
[15]
Rollo, p. 41.
[16]
Records, pp. 104-108.
[17]
TSN, June 15, 2005.
[18]
TSN, July 12, 2006.
[19]
Rollo, pp. 53-60.
[20]
Id.
[21]
Otherwise known as the Local
Government Code of 1991.
Section 45. Permanent Vacancies in the Sanggunian. -
(a) Permanent vacancies in the sanggunian where
automatic succession provided above do not apply shall be filled by appointment
in the following manner:
(1) The President, through the Executive Secretary,
in the case of the sangguniang panlalawigan and the sangguniang panlungsod of
highly urbanized cities and independent component cities;
(2) The governor, in the case of the sangguniang
panlungsod of component cities and the sangguniang bayan;
(3) The city or municipal mayor, in the case of
sangguniang barangay, upon recommendation of the sangguniang barangay
concerned.
(b) Except
for the sangguniang barangay, only the nominee of the political party under
which the sanggunian member concerned had been elected and whose elevation to
the position next higher in rank created the last vacancy in the sanggunian
shall be appointed in the manner hereinabove provided. The appointee shall come
from the same political party as that of the sanggunian member who caused the
vacancy and shall serve the unexpired term of the vacant office. In the
appointment herein mentioned, a nomination and a certificate of membership of
the appointee from the highest official of the political party concerned are
conditions sine qua non, and any appointment without such nomination and
certification shall be null and void ab initio and shall be a ground for
administrative action against the official responsible therefore.
[22]
Rollo, p. 58.
[23]
Id.
[24]
Id. at 60.
[25]
Rollo, pp. 51-52.
[26]
Id. at 49-50.
[27]
Rollo, 20-21.
[28] Id.
at 21.
[29] Id. at 21-22.
[30] Emphasis supplied.
[31]
Rollo, p. 61.
[32]
Id. at 62.
[33]
Id. at 63.
[34]
Id. at 64.
[35]
Rollo, p. 65.
[36]
Id. at 145.
[37]
Id. at 148.
[38]
Id. Emphasis supplied.
[39]
Id. at 28.
[40]
Id. at 191.
[41]
Id. at 212.
[42]
Q. Now, Madam Witness, you said a while ago that
you did not know me having been a candidate for mayor in San Isidro, Isabela?
A.
Yes, I didn’t , Sir.
Q.
You didn’t know, Madam Witness?
A.
No, I didn’t know, Sir. (TSN, July 12,
2005, pp. 40-41).
[43]
Rollo, p. 148, Emphasis supplied.
[44]
G.R. No. 141307, March 28,
2001, 672 SCRA 355.
[45]
Id. at. 678.
[46]
Rollo, p. 50.
[47]
Id. at 144.
[48]
See Nomination Letter dated June 21, 2005, id.