HENRY P. LANOT, substituted by MARIO S.

RAYMUNDO, Petitioner, 
vs.
COMMISSION ON ELECTIONS and VICENTE P. EUSEBIO, Respondents.

G.R. No. 164858             November 16, 2006

CARPIO, J.

Facts:

Henry Lanot and others, filed a petition for disqualification against 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.

Eusebio filed a motion for reconsideration. 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. Subsequently, 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

Held:

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.