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Emiliana Toral Kare, et al. vs COMELEC, et al.

EMILIANA TORAL KARE, petitioner, vs. COMMISSION ON ELECTIONS, respondent.

G.R. No. 157526 | 2004-04-28

D E C I S I O N

PANGANIBAN, J.:

When a mayoral candidate who gathered the highest number of votes is disqualified after the election is held, a permanent vacancy is created, and the vice mayor succeeds to the position.

The Case

Before us are two Petitions for Certiorari under Rules 64 and 65 of the Rules of Court, seeking the nullification of the March 19, 2003 En Banc Resolution issued by the Commission on Elections (Comelec) in SPA No. 01-272. The Comelec resolved therein to disqualify Salvador K. Moll from the mayoralty of Malinao, Albay, and to proclaim Avelino Ceriola as the mayor-elect of the said municipality. The decretal...