0% found this document useful (0 votes)
20 views3 pages

Defensor-Santiago v. Ramos

Download as docx, pdf, or txt
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 3

 Petitioner Miriam Defensor-Santiago was elected as a Senator in the May 1995 election and

assumed office as such on 30 June 1995

 She had an ongoing election protest with regard to the 11 May 1992 presidential election, where
she lost and Respondent Ramos won

 In her motion of 16 August 1995 in relation to her election protest, Protestant Miriam Defensor-
Santiago prayed that the revision of ballots in the remaining precincts of the pilot areas be
dispensed with and the revision process in the pilot areas be deemed completed.

 The Court required the Protestant and the Protestee to submit their respective memoranda on
the issue of whether this case had been rendered moot by the election of the Protestant.

 Protestant Santiago answers in the negative and argues that:


o An election contest involves not only an adjudication and settlement of the private
interests of the rival candidates, but more importantly, the paramount need to dispel
the uncertainty that beclouds the true choice of the electorate.
 Hence, it is imbued with public interest and should be pursued to its final
conclusion to determine the bona fide winner.
o An election case may be rendered moot only if the term of the contested office has
expired, thus her election as Senator and assumption of office as such cannot be
construed as an abandonment of the instant protest.

 For his part, the Protestee Ramos submits that:


o There is strong legal basis for this Tribunal to rule that the Protestant is deemed to have
abandoned the instant protest, in light of the ruling in Dimaporo vs. Mitra which
construed Section 67, Article IX of B.P. Blg. 881 (Omnibus Election Code).
o However, public interest requires that this protest be resolved on the merits considering
that it involves a matter of paramount and grave public interest.
o He likewise claims that a resolution on the merits would confirm his victory in the 11
May 1992 presidential election and prove that the instant protest is unfounded.
o Furthermore, it would establish guiding and controlling principles or doctrines with
respect to presidential election protest cases, thereby educating the bench and the bar
and preventing the indiscriminate filing of baseless protest cases.

W/N the case had been rendered moot by the election of the Protestant as a Senator in the May 1995
election and her assumption of office as such on 30 June 1995

On grounds of public interest

 Protestant Santiago relied on the cases of Sibulo vda. de De Mesa vs. Mencias, Lomugdang vs.
Javier, and De Castro vs. Ginete to support her argument on the consideration of public interest
and public policy
 However, the Court held that the facts of the aforementioned cases are not on all fours with the
instant protest
o In Sibulo vda. de De Mesa, the protestee had been proclaimed the winning mayoralty
candidate and had assumed office, and then died during the pendency of the election
protest.
o In Lomugdang, it was the protestant whodied during the pendency of the protest.
o In De Castro, the only issue presented was whether the protest should be dismissed on
the ground of estoppel when the protestant congratulated the protestee after the latter
was proclaimed the winner by the board of canvassers.
 In the case of Protestant Santiago, she filed a certificate of candidacy for Senator, campaigned
for such office, and submitted herself to be voted upon.
o She knew that the term of office of the Senators who would then be elected would be
six years.
o In short, she filed her certificate of candidacy for the Senate without any qualification,
condition, or reservation.
o In so doing, she entered into a political contract with the electorate that if elected, she
would assume the office of Senator, discharge its functions and serve her constituency
as such for the term for which she was elected.
o These are givens which are in full accord with the principle enshrined in the Constitution
that public office is a public trust.
 It is contrary to her promise to serve the electorate as Senator if it is subject to the outcome of
this protest.

 In this jurisdiction, an elected public official may even be held criminally liable should he refuse
to discharge an elective office.

 In assuming the office of Senator then, the Protestant has effectively abandoned or withdrawn
this protest
o Such abandonment or withdrawal operates to render moot the instant protest.

 Moreover, it is rather the dismissal of this protest which would serve public interest as it would
dissipate the aura of uncertainty as to the results of the 1992 presidential election, thereby
enhancing the all-too crucial political stability of the nation during this period of national
recovery.

Waiver of protestant of the revision of the remaining unrevised ballots

 Another reason why this case should now be dismissed is the waiver of the protestant of the
revision of the remaining unrevised ballots from 4,017 precincts out of the 17,527 precincts of
the designated three pilot areas.
 This is nothing short of a manifest indication that she no longer intends to do so.

Waiver of protestant of the revision of the remaining unrevised ballots


 Another reason why this case should now be dismissed is the waiver of the protestant of the
revision of the remaining unrevised ballots from 4,017 precincts out of the 17,527 precincts of
the designated three pilot areas.

You might also like