Bautista v.

COMELEC voters conducted by the COMELEC in 1997 since he was still out of the country
PETITIONER: RAYMUNDO A. BAUTISTA @ "OCA",
RESPONDENTS: COMELEC
FACTS:
Bautista filed his certificate of candidacy for Punong Barangay in Lumbangan for the
15 July 2002 barangay elections. Election Officer Jareño refused to accept Bautista's
certificate of candidacy because he was not a registered voter in Lumbangan.
Bautista filed an action for mandamus against Election Officer Jareño with the
Regional Trial Court who ordered Election Officer Jareño to include the name of
Bautista in the certified list of candidates until the COMELEC directs otherwise.
Election Officer Jareño included the Bautista in the certified list of candidates for
Punong Barangay and referred the matter of Bautista's inclusion in the certified list
of candidates with the COMELEC Law Department. Election Officer Jareño referred
the matter of Bautista's inclusion in the certified list of candidates with the
COMELEC Law Department who recommended the cancellation of Bautista's
certificate of candidacy. During the 15 July 2002 barangay elections, Bautista and
Alcoreza were candidates for the position of Punong Barangay in Lumbangan.
Bautista obtained the highest number of votes while Alcoreza came in second. The
Board of Canvassers proclaimed Bautista as the elected Punong Barangay. Bautista
took his oath of office. COMELEC issued a Resolution to cancel Bautista’s
certificate of candidacy and directed the election officer to delete Bautista's name
from the official list of candidates for not being a registered voter in Lumbangan.
Election Officer Jareño issued an Order deleting the name of Bautista from the list of
candidates for Punong Barangay. The Order also prohibited Bautista from assuming
the position and discharging the functions of Punong Barangay of Lumbangan
pursuant to the COMELEC Resolutions. The Board of Canvassers reconvened and
after making the necessary corrections in the Certificate of Canvass of Votes,
proclaimed Alcoreza as the winning Punong Barangay.Alcoreza thus assumed the
post of Punong Barangay of Lumbangan.
during that time. Republic Act No. 8189 ("The Voter's Registration Act of 1996")
provides for a system of continuing registration of voters. Thus, Bautista should have
registered anew in the office of the Election Officer when he came back to the
Philippines in 2001 and learned that his name was no longer included in the roster of
registered voters. Bautista was aware when he filed his certificate of candidacy for
the office of Punong Barangay that he lacked one of the qualifications - that of being
a registered voter in the barangay where he ran for office. He therefore made a
misrepresentation of a material fact when he made a false statement in his certificate
of candidacy that he was a registered voter in Barangay Lumbangan
A permanent vacancy arises when an elective local official fills a higher vacant
office, refuses to assume office, fails to qualify, dies, is removed from office,
voluntarily resigns, or is otherwise permanently incapacitated to discharge the
functions of his office. For purposes of succession, 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. Since Bautista failed to qualify for the position of Punong
Barangay, the highest ranking sangguniang barangay member, or in the case of his
permanent disability, the second highest ranking sangguniang member, shall become
the Punong Barangay.

Issue:
W/N Bautista was a registered voter of Barangay Lumbangan when he filed his
certificate of candidacy - NO
W/N it was proper to proclaim Alcoreza as Punong Barangay in view of the
alleged disqualification of the winning candidate Bautista. – NO

Held:
Under the Local Government Code of 1991, which took effect on 1 January 1992, an
elective local official, including a Punong Barangay, must not only be a "qualified
elector" or a "qualified voter," he must also be a "registered voter." It is thus clear
that the law as it now stands requires a candidate for Punong Barangay to be a
registered voter of the barangay where he intends to run for office. Bautista admitted
in his affidavit dated 24 August 2002 that he was not a registered voter of Barangay
Lumbangan, Apparently, Bautista failed to register during the general registration of