Maquiling v. COMELEC, G.R. No. 195649, April 16, 2013.

ISSUE:  Is the rule on succession in the Local Government Code applicable? 

FACTS:  Rommel Arnado is a natural bon Filipino citizen who lost his citizenship upon his naturalization
as an American citizen. Subsequently, he renounced his American citizenship and ran as a Mayor of
Lanao del Norte. After he was proclaimed the winner, the COMELEC anulled such proclamation and
consequently directed that the order of succession under the Local Government Code be followed.
Maquiling, another candidate for mayor, and who garnered the second highest number of votes in the
election intervened the case, claims that he should be proclaimed as the winner. 

DECISION:  No, it is not applicable. 

RATIO DECIDENDI:  The disqualifying circumstance surrounding Arnado's candidacy involves his

citizenship. It does not involve the commission on election offenses as provided for in the Omnibus
Election Code, the effect of which is to disqualify the individual from continuing as a candidate, or if he
has already been elected, from holding the office. Arnado being a non-candidate, the votes cast in his
favor should not have been counted. This leaves Maquiling as the qualified candidate who obtained the
highest number of votes. The old doctrine was that the vice mayor or the vice governor, as the case may
be, shall succeed the disqualified winning candidate, not the candidate for the same position who had
received the next highest vote.