Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 18 2003.

G.R. No. 148153 (Mosar P. Bacaraman vs. Commission on Elections and Masmid L. Kurangking.)

For resolution is a petition for certiorari under Rule 64 of the 1997 Revised Rules of Court seeking to set aside Commission on Elections (COMELEC) En Banc Resolution Nos. 4162 and 4418 in SPA No. 12-15, "Mashid L. Kurangking v. Mosar P. Bacaraman."

The antecedent facts of the case are as follows:

Mashid L. Kurangking (private respondent) and the now deceased Junaid A. Bacaraman (Junaid) were mayoralty candidates in Sultan Dumalondong, Lanao del Sur in the May 14, 2001 Elections.[1]

For purposes of the May 14, 2001 National and Local Elections, certificates of candidacy were to be filed beginning January 2, 2001 up to January 14, 2001.[2]

Based on Junaid's certificate of candidacy,[3] he was officially nominated by "UMMAH-LAKAS-NUCD-UMDP." His official nomination by "UMMAH" was shown by a "Certificate of Nomination"[4] dated January 9, 2001 issued by the Secretary General of said party, while his official nomination by the "LAKAS-NUCD-UMDP" was shown by a "Certificate of Nomination and Acceptance"[5] dated January 14, 2001 issued by the Provincial Chairman of said party, which nomination he therein accepted by affixing his signature. He was likewise nominated by the "REPORMA-LM" party as shown by a "Certificate of Nomination and Acceptance"[6] dated February 12, 2001 issued by the party Secretary General and its President on whose behalf the Provincial Chairman signed, which nomination he therein accepted by affixing his signature.

Junaid died in an accident on February 22, 2001, hence, he was substituted as candidate by his brother Mosar P. Bacaraman (petitioner).

Based on petitioner's certificate of candidacy, he was officially nominated by "PPC/REPORMA." His nomination by "REPORMA" was shown by a "Certificate of Nomination and Acceptance"[7] dated March 27, 2001 issued by the party's Secretary General, which nomination he accepted by therein affixing his signature.

On April 23, 2001, private respondent filed with the COMELEC a "Petition for Disqualification/Cancellation and/or Denial of Due Course [the] Certificate of Candidacy" against petitioner, docketed as SPA No. 12-15, on the ground that the deceased Junaid was nominated by more than one registered political party, thus making him an independent candidate and, therefore, he could not be substituted by petitioner[8] who was nominated by "PPC/REPORMA."

Alleging lack of basis, petitioner, in his Answer,[9] prayed for the dismissal of the "Petition for Disqualification . . ."

The disqualification case was referred for study to the COMELEC Law Department which gave a report and recommendation reading, as quoted by the COMELEC En Banc in its assailed Resolution No. 4162:

Under Section 77 of the Omnibus Election Code, if provides as follows:

SEC. 77. Candidates in case of death, disqualification or withdrawal of another. - If after the last day for the filing of Certificate of Candidacy, an official candidate of a registered or accredited political parties dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a Certificate of Candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate [nominated] by the political party concerned may file his Certificate of Candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election. xxx

Implementing the aforesaid provision of law, the Commission promulgated Resolution No. 3253-A dated November 20, 2001 and under Section 13 thereof, it provides as follows:

SEC. 13. Substitute candidates in case of death, disqualification or withdrawal of another. - If after the last day for the filing of Certificate of Candidacy, an official candidate of a registered political parties dies, withdraws or is disqualified for any cause, he may be substituted by a candidate belonging to, and nominated by, the same political party. No substitution shall be allowed for an independent candidate. (Underscored for emphasis).

Under Section 6 of said Resolution No. 3253-A, it specifically provides as follows:

SEC. 6. Certificate of Nomination of official candidates by political party.

xxx xxx xxx

A candidate who has not been nominated by a registered political party, or whose nomination has not been submitted by a registered political party, or, who accepts nomination from more than one registered political party, or whose nominations was filed after the last day of filing of Certificates of Candidacy, shall be considered as an independent candidate. (Underscored supplied).

In the case presented, it appears that late candidate Junaid Bacaraman was nominated and accepted three (3) sets of nominations from Ummah party, Lakas NUCD_UMDP and [Reporma]-LM which officially was listed in his Certificate of Candidacy.

Following the provision of Section 6 of Resolution No. 3253-A, the law is explicit in that a candidate who has accepted nominations from more than one registered political party, shall be considered as an independent candidate. Having accepted three (3) sets of nominations, late Jumaid Bacaraman was considered an independent candidate and therefore, he cannot be substituted by Mosar Bacaraman, since no substitution shall be allowed for an independent candidate.

CONSIDERING THE FOREGOING PREMISES, the law Department RECOMMENDS to deny Mosar P. Bacaraman's Certificate of Candidacy as substitute candidate of late Jumaid Bacaraman for the that the latter who was officially nominated and accepted three (3) sets of nomination from Ummah Party, Lakas NUCD-UMDP and [Reporma]-LM was considered as an independent candidate pursuant to Section 6 of Comelec Resolution No. 3253-A.[10] (Italics & underscoring in the original)

By assailed Resolution No. 4162[11] dated May 8, 2001, the COMELEC En Banc adopted the Recommendation of its Law Department and accordingly granted private respondent's petition, disposing as follows:

WHEREFORE, the Commission RESOLVED, as it hereby RESOLVES, to affirm the recommendation of the Law Department to DENY the Certificate of Candidacy of MOSAR P. BACARAMAN as substitute candidate for the late Junaid Bacaraman candidate for Mayor, Sultan D[u]malondong, Lanao del Sur.

Let the Law Department implement this Resolution.

On May 13, 2001, petitioner moved to reconsider the May 8, 2001 COMELEC En Banc Resolution.

In the meantime or on May 24, 2001, the COMELEC En Banc issued Resolution No. 4394[12] scheduling on May 30, 2001 the holding of special elections in several areas in Mindanao including the municipality of Sultan Dumalondong, Lanao del Sur.

On May 28, 2001, the COMELEC En Banc, by the other assailed resolution, Resolution No. 4418, denied petitioner's motion for reconsideration of its May 8, 2001 Resolution.

As scheduled, on May 30, 2001, special elections in Sultan Dumalondong were held.

Hence, this petition faulting the COMELEC En Banc as follows:

1. Public Respondent acted with grave abuse of discretion amounting to lack or excess of jurisdiction in promulgating En Banc Resolution No. 4162 that affirmed the recommendation of its Law Department to deny the certificate of candidacy of Mosar P. Bacaraman as substitute candidate for Mayor, Sultan Dumalondong Lanao del Sur.

x x x

2. Public Respondent acted with grave abuse of discretion amounting to lack or excess of its jurisdiction in promulgating En Banc Resolution No. 4418 denying herein Petitioner's Urgent Motion for Reconsideration for allegedly lack of merit because instead of having filed a Petition for Certiorari before the Supreme Court, herein Petitioner erroneously filed a Motion for Reconsideration which is a prohibited pleading under Rule 13 Comelec Rules of Procedure.

x x x

On June 5, 2001, private respondent was proclaimed by the Municipal Board of Canvassers as Mayor of Sultan Dumalondong, Lanao del Sur.

On June 26, 2001, this Court, not having been informed of private respondent's proclamation, issued a Temporary Restraining Order[13] (TRO) directing COMELEC "effective immediately and continuing until further orders from this Court, to CEASE and DESIST from implementing COMELEC En Banc Resolution No. 4162, dated May 8, 2001 . . . and Resolution No. 4418 dated May 28, 2001 . . ."

On account of private respondent's proclamation, the TRO was subsequently lifted on August 7, 2001.

The issue in the main is whether the late mayoralty candidate Junaid could be substituted as such by petitioner.

This Court rules in the negative.

As the earlier quoted Section 77 of the Omnibus Election Code provides, "only a person belonging to and certified by the same political party" may substitute the candidate who, in Junaid's case, died. In petitioner's case, he was officially nominated by "PPC REPORMA." While Junaid was also "nominated" by said party, the nomination came only on February 12, 2001 or after the period for filing of certificates of candidacy had expired on January 14, 2001.

Section 6 of COMELEC Resolution No. 3253-A, "RULES AND REGULATIONS GOVERNING THE FILING OF CERTIFICATES OF CANDIDACY in connection with the May 14, 2001 national and local elections," provides:

Section 6. Certificate of nomination of official candidates by political party.- The certificates of nomination by registered political parties or coalitions of their official candidates shall be filed not later than the last day of filing of certificates of candidacy as specified in Section 5 hereof, duly signed and attested under oath by the party president, chairman, secretary-general or any other officer duly authorized in writing to do so. If the certificate of nomination is filed after the certificate of candidacy has been filed, a copy of the latter shall be attached to the former.

No certificate of nomination or any amendment thereto shall be filed after the last day of filing of the certificates of candidacy.

xxx (Italics in the original; emphasis and underscoring supplied).

Junaid, having been nominated by REPORMA only after the expiration of the period for filing of certificates of candidacy, could not be considered as officially nominated by the latter. Consequently he could not be substituted by petitioner, a nominee of REPORMA, since the law requires that the candidate to be substituted and the substitute should come from the same party.

While REPORMA and LAKAS-NUCD are members of the "People Power Coalition," they cannot be considered as one and the same party, not having been registered as such for purposes of the May 14, 2001 elections, hence, they are separate and independent.[14]

WHEREFORE, the instant petition is hereby DISMISSED.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court

[2] Section 5, COMELEC Resolution No. 3253-A, "RULES AND REGULATIONS GOVERNING THE FILING OF CERTIFICATES OF CANDIDACY in connection with the May 14, 2001 national and local elections."