Dominador G. Jalosjos, Jr. vs. Commission on Elections (COMELEC) [DISSENTING OPINION, BRION, J.]

DOMINADOR G. JALOSJOS, JR., Petitioner, versus COMMISSION ON ELECTIONS and AGAPITO J. CARDINO, Respondents. and AGAPITO J. CARDINO, Petitioner, versus DOMINADOR G. JALOSJOS, JR., and COMMISSION ON ELECTIONS, Respondents.

G.R. No. 193237 and G.R. No. 193536 | 2012-10-09

Accessory penalty of Perpetual Special Disqualification takes effect immediately once the judgment of conviction becomes final
Election Law; Petition for Disqualification; Section 68 refers only to election offenses under the Omnibus Election Code and not to crimes under the Revised Penal Code
Election Law; Petition for Disqualification; urisdiction of the COMELEC to disqualify candidates is limited to those election offenses enumerated in Section 68 of the Omnibus Election Code, all other offenses are criminal and not administrative in nature
A void certificate of candidacy on the ground of ineligibility that existed at the time of the filing of the certificate of candidacy can never give rise to a valid candidacy nor to valid votes.
Election Law; second-placer cannot be proclaimed winner if the first-placer is disqualified or declared ineligible, rule applies only if certificate of candidacy of first-placer was valid at the time of filing but subsequently cancelled

DISSENTING OPINION

BRION, J.:

Dominador G. Jalosjos, Jr. and Agapito Cardino were rivals in the mayoralty race in Dapitan City, Zamboanga del Norte in the May 2010 elections.

Before election day, Cardino filed with the Commission on Elections (COMELEC) a Petition to Deny Due Course and/or Cancel the Certificate of Candidacy against Jalosjos, alleging that the latter made a material misrepresentation in his Certificate of Candidacy (CoC) when he declared that he was eligible for the position of mayor when, in fact, he was disqualified under Section 40 of the Local Government Code for having been previously convicted by a...