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  • 74 - VICTORIA vs. COMELEC

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    Faith Hannah
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    The Supreme Court ruled on whether ranking of Sanggunian members should be based on votes obtained relative to total registered voters or actual voters. The case involved a vacancy in the vice governor position, with petitioner and respondent contesting the role based on their Sanggunian rankings. The COMELEC certified respondent as first based on vote counts. However, petitioner argued rankings should consider actual voters, not just registered voters. The Court ruled petitioner's argument was untenable, as the law clearly states rankings are determined based on vote proportion to total registered voters in the prior election. The Court cannot change the law and must apply it as written.

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    74_VICTORIA vs. COMELEC

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    The Supreme Court ruled on whether ranking of Sanggunian members should be based on votes obtained relative to total registered voters or actual voters. The case involved a vacancy in the vice governor position, with petitioner and respondent contesting the role based on their Sanggunian rankings. The COMELEC certified respondent as first based on vote counts. However, petitioner argued rankings should consider actual voters, not just registered voters. The Court ruled petitioner's argument was untenable, as the law clearly states rankings are determined based on vote proportion to total registered voters in the prior election. The Court cannot change the law and must apply it as written.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    27 views2 pages

    74 - VICTORIA vs. COMELEC

    Uploaded by

    Faith Hannah
    The Supreme Court ruled on whether ranking of Sanggunian members should be based on votes obtained relative to total registered voters or actual voters. The case involved a vacancy in the vice governor position, with petitioner and respondent contesting the role based on their Sanggunian rankings. The COMELEC certified respondent as first based on vote counts. However, petitioner argued rankings should consider actual voters, not just registered voters. The Court ruled petitioner's argument was untenable, as the law clearly states rankings are determined based on vote proportion to total registered voters in the prior election. The Court cannot change the law and must apply it as written.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    VICTORIA VS. COMELEC, G.R. NO.

    109005 January 10, 1994


    RULE ON SUCCESSION

    Facts
    Due to the Suspension of Governor Salalima of the Province of Albay, Vice – Governor
    Danilo Azana assumed the powers and functions of the Governor leading to a vacancy on the
    Vice –Governor’s position. Now herein petitioner and respondent having the highest votes in the
    Sanggunian are contested for the position.
    The COMELEC based on certification on the number of votes obtained by the
    Sanggunian members in relation to the number of votes obtained, issued a resolution certifying
    respondent Jesus James Calisin as the first in order of ranking and petitioner Juan Victoria as
    second in ranking.
    Herein petitioner claims that the ranking of Sanggunian Member should not only be
    based on number of votes obtained in relation to the total number of registered voters, but also on
    the number of voters in the district who actually voted therein.

    Issue
    Whether or not petitioner’s contention is tenable?

    Ruling

    No.
    Section 44 of the Local Government Code of 1991 provides:
    (a) if a permanent vacancy occurs in the office of the governor or mayor, the vice – governor or
    vice – mayor concerned shall become governor or mayor. If a permanent vacancy occurs in
    the offices of the governor, vice-governor, mayor, vice-mayor, the highest ranking
    Sanggunian member, shall become the governor, vice-governor, mayor or vice-mayor, as the
    case may be. Subsequent vacancies in the said office shall be filed automatically by the other
    Sanggunian members according to their ranking as defined herein
    For the purposes of succession as provided in the Chapter, ranking in the Sanggunian shall be
    determined on the basis of the proportion of votes obtained by each winning candidate to the
    total number of registered voters in each district in the immediately preceding local election.
    The law is clear that the ranking in the Sanggunian shall be determined on the basis of the
    proportion of the votes obtained by each winning candidate of the total number of registered
    voters who actually voted. In such case, the Court has no recourse but to merely apply the law.
    Therefore, petitioner’s contention is untenable considering the clear mandate of the law,
    which leaves no room for other interpretation but it must very well be addressed to the
    legislative branch and not to this Court which has no power to change the law.

    LLOSA FAITH HANNAH A.

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