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Albania V Comelec

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MARGARETTE ANGULO
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96 views2 pages

Albania V Comelec

Uploaded by

MARGARETTE ANGULO
Copyright
© © All Rights Reserved
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Sofronio Albania v. COMELEC Monday, May3,2021 9:36 PM SOFRONIO B. ALBANIA v COMELEC G.R. No. 226792 FACTS: In 2007 both Edgardo A. Tallado and Jesus O. Typoco ran for Governor in the province of Camarines, Norte. Tallado was declared the winner after the canvassing and counting of votes. The losing party Typoco filed for a a petition for correction of a manifest error alleging that ‘Typoco's petition was decided in his favor and later assumed the position as governor of Camarines Norte in March 2010 Respondent ran again in the June 2010 4 and 20135 National and Local Elections where he won and served as Governor of Camarines Norte, respectively On October 16, 2015, respondent filed his Certificate of Candidacy 6 as Governor of Camarines Norte in the May 9, 2016 National and Local elections His suspension from officeis also not a ground for a petition for disqualification. On the substantive issues, he denied violating the three term limit rule as he did not fully serve three consecutive terms since he only served as Governor for the 2007 elections from March 22, 2010 to June 30, 2010. violation of three-term limit rule is a ground for ineligibility which constituted false material representation under Section 78 of the OEC; and such petition must be filed within 25 days from the time of filing of the COC, which respondent failed to do. ‘COMELEC: are not proper for a petition for disqualification but one for denial of due course to or cancellation of respondent's COC, which was filed out of time. respondent did not serve the full 2007-2010 term as Governor of Camarines Norte, thus, cannot be considered as one term for purposes of counting the three term threshold; disqualification referred to by Section 40 (b) of the LGC is the actual removal from office as a result of an administrative case, and not mere suspension as imposed by the Ombudsman. Issues: (1) in ruling that the grounds relied upon are not proper grounds for a petition for disqualification (2) in ruling that even if the petition for disqualification is considered one for denial of due course to or cancellation of private respondent Tallado's COC, the sameis filed out of time (3) in failing to rule that private respondent Tallado should be disqualified pursuant to Section 43 of RA No. 7160 or the LGC; (4) in failing to rule that private respondent Tallado should be disqualified due to the Order dated October of the Ombudsman. Ruling: Grounds for disqualification are specific, namely : ‘+ declared by competent authority insane or incompetent, + sentenced by final judgment for subversion + Insurrection + rebellion, + offense for which he has been sentenced to a penalty of more than eighteen months + acrime involving moral turpitude, + (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; ‘+ committed acts of terrorism to enhance his candidacy; ‘+ spent in his election campaign an amount in excess of that allowed by this Code; + solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or + violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e,k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office ‘+ Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any, elective office under this Code ‘+ Those removed from office as a result of an administrative case; + violatingthe oath of allegiance to the Republic; ‘+ Dual citizenship (allegiance) + Fugitive from justice abroad ‘+ Permanent residence in a country abroad + Insane or feeble minded ‘The two grounds relied upon by the petitioner does not fall under the disqualifications provided by our laws SUSPENSION NOTA BAR, ONLY REMOVALS A BAR

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