Dominador G. Jalosjos, Jr. vs. Commission on Elections (COMELEC) [CONCURRING OPINION, BERSAMIN , 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

CONCURRING OPINION

BERSAMIN, J.:

The all-important concern here is the effect of the conviction for robbery by final judgment of and the probation allegedly granted to Dominador G. Jalosjos, petitioner in G.R. No. 193237, on his candidacy for the position of Mayor of Dapitan City; and the determination of the rightful person to assume the contested elective position upon the ineligibility of Jalosjos.

I easily CONCUR with the insightful opinion delivered for the Majority by our esteemed colleague, Senior Associate Justice Carpio. As I see it, these consolidated cases furnish to the Court the appropriate occasion to look...