TEACHER – Consti 1

MIRIAM DEFENSOR-SANTIAGO, PROTESTANT, VS. FIDELVALDEZ RAMOS, PROTESTEE.

[ P.E.T. Case No. 001. February 13, 1996 ]

Topic: Breaking President or Vice-President Tie

PONENTE:

FACTS
In August 1995, presidential candidate Myriam Defensor – Santiago (Protestant) filed a
protest in Presidential Electoral Tribunal (PET) contesting the results of the May 1995
presidential election against Fidel Ramos (Protestee). Subsequently, While awaiting case
proceedings, she ran for office of senator and having been elected, assumed office.
Protestant argues election contests are not just for the settlement of the private interest
of rival candidates but for public interest and should be concluded to determine the bona fide
winner. She further argues that in a case of election case, it may be rendered moot only if the
TERM of the contested office expired. Thus rule laid down cannot be construed as an
abandonment of the her protest.
The protestee submits in his memoranda that strong legal basis exists for the PET to rule
that the protestants has abandoned her claim to instant protest in light of Art.9, sec.67 of the
Batasang Pambansa #881 ( Omnibus Election Code) which provides that an elective official
running for a public office other the one he is currently holding in a permanent capacity, except
for the positions for President and Vice-president, is considered resigned from office upon the
filing of his certificate of candidacy. (see SENATE BILL 535)
ISSUE/S
Whether or not Defensor’s claim to protest has been rendered moot and academic by its
abandonment or withdrawal as a consequence of her election into, and assumption into office
as senator.
RULING
YES. The Court held that the election protest filed by Santiago has been abandoned or
considered withdrawn because of her election and assumption of office as Senator and her
discharge of the duties and functions thereof had also led her to abandon her protest in pursue
of public intertest in relation to who would be the true winner.
The court further stated that the dismissal of this protest would serve public interest as it would
dissipate the aura of uncertainty as to the results of the 1992 presidential elections, thereby
enhancing the all too crucial political stability of the nation during this period of national
recovery. Also, the PET issued a resolution ordering the protestant to inform the PET within 10
days if after the completion of the revision of the ballots from her pilot areas, she still wishes to
present evidence. Since Protestant has not informed the Tribunal of any such intention, such is a
manifest indication that she no longer intends to do so.