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FELIPE TOPACIO v. ISIDRO PAREDES

This case has been cited 1 times or more.

2004-06-15
SANDOVAL-GUTIERREZ, J.
Anent the second issue, we revert back to the settled jurisprudence that the subsequent disqualification of a candidate who obtained the highest number of votes does not entitle the candidate who garnered the second highest number of votes to be declared the winner.[12] This principle has been reiterated in a number our decisions, such as Labo, Jr. vs. COMELEC,[13] Abella vs. COMELEC,[14] Benito vs. COMELEC[15] and Domino vs. COMELEC.[16] As a matter of fact, even as early as 1912, it was held that the candidate who lost in an election cannot be proclaimed the winner in the event that the candidate who won is found to be ineligible for the office for which he was elected.[17]