Lanot v.

COMELEC

GR No. 164858 November 16, 2006

Justice Carpio

FACTS:

Henry Lanot, Vener Obispo, Roberto Peralta, Reynaldo dela Paz, Edilberto Yamat and Ram Alan
Cruz, filed a petition for disqualification against Vicente Eusebio before the COMELEC.
Petitioners alleged that Eusebio engaged in various forms on various occasions premature
campaigning.

Regional Director Ladra recommended to the COMELEC the disqualification of Eusebio. The
COMELEC Fist Division adopted the findings and recommendation of the Regional Director and
ordered the disqualification of Eusebio. The resolution is immediately executory unless restrained
by the Commission en banc.

On May 9, 2004, Eusebio filed a motion for reconsideration. On election day itself, Chairman
Abalos enjoined Director Ladra from implementing the resolution of the COMELEC First Division
due to the motion for reconsideration filed by Eusebio.

On May 11, 2004, the day after the elections, petitioners filed before the COMELEC en banc a
motion to suspend the counting and canvassing of votes. The COMELEC en banc partially denied
the motion. It ordered the suspension, until further orders of the Commission, the proclamation of
Eusebio in the event he receives the winning number of votes.

On May 21, 2004, the Commission en banc lifted and set aside the suspension of proclamation.
Eusebio was proclaimed City Mayor of Pasig. The Commission also annulled the order of the
COMELEC First Division.

ISSUE:

Whether or not petitioner Lanot can be proclaimed and allowed to sit as mayor-elect in case of
disqualification of Eusebio.

RULING:

No. The disqualification of the elected candidate does not entitle the candidate who obtained the
second highest number of votes to occupy the office vacated. Votes cast in favor of the candidate
who obtained the highest number of votes are presumed to have been cast in the belief that he is
qualified.

However, there is an exception which rests on two assumptions: that the one who obtained the
highest number of votes is disqualified and that the voters nonetheless voted for him despite
knowing that he is disqualified. The petitioners failed to prove the applicability of the exception to
this case. The rule on succession shall apply. The Vice Mayor shall be the Mayor.

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