ABELLA vs COMELEC Case Digest

ABELLA vs. COMELEC

201 SCRA 253

Facts: Initially, Silvestre dela Cruz (Benjamin Abella was allowed to intervene) filed a petition with
the COMELEC to disqualify petitioner Larrazabal from running as governor of Leyte on the ground
that she misrepresented her residence in her certificate of candidacy as Kananga, Leyte. It was
alleged that she was in fact a resident of Ormoc City like her husband who was earlier disqualified
from running for the same office. The COMELEC granted the petition. However, when the
Commission granted the decision, Larrazabal was already proclaimed the Governor, hence, when
she was disqualified, Abella, who gathered the second highest votes in the said area, sought to take
his oath as governor of Kananga, Leyte.

Issue: Whether or not the candidate who got the second highest vote may be proclaimed as
governor when the candidate for such position was disqualified.

Held: The Supreme Court held that while it is true that SPC No. 88-546 was originally a
petition to deny due course to the certificate of candidacy of Larrazabal and was filed
before Larrazabal could be proclaimed, the fact remains that the local elections of
February 1, 1988 in the province of Leyte proceeded with Larrazabal considered as a
bona fide candidate. The voters of the province voted for her in the sincere belief that
she was a qualified candidate for the position of governor. Her votes were counted and
she obtained the highest number of votes. The net effect is that the petitioner lost in the
election. He was repudiated by the electorate.
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