599 – LIM

Sinaca v. Mula, 315 SCRA 226 (1999)

Section 77.3.—Official candidates

FACTS: In the May 1998 elections, Emmanuel Sinica was a substitute candidate for the mayoral post of
the Matugas Wing after their original candidate, Teodoro Sinica, was disqualified for being convicted of
bigamy. He was proclaimed winner after the canvassing. Emmanuel was an independent candidate for
councilor prior to his nomination as substitute candidate in place of the withdrawing candidate who was a
Lakas party member. Emmanuel joined Lakas after his nomination as substitute Mula filed a
disqualification case against Emmanuel before the COMELEC. He alleged that said substitution was
invalid because Sinica was not member of the LAKAS party when he was nominated as a substitute.
Comelec En Banc disqualified Him.

ISSUE: W/N the substitution of Emmanuel Sinica was against the provisions of Sec 77 of the OEC

RULING: NO. Even the fact that EMMANUEL only became a member of the LAKAS party after the
disqualification of TEODORO, will not affect the validity of the substitution. Under Sec.77 of OEC, it is
necessary, that the substitute candidate must be of the same political party as the original candidate and
must be duly nominated as such by the political party. It is not required that a substitute candidate must
have been a member of the party concerned for a certain period of time before he can be nominated.