This case has been cited 2 times or more.
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2007-04-24 |
CARPIO, J. |
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| After due notice to the parties, for the Board to convene and prepare a new Certificate of Canvass for mayor of Buguias, Benguet deleting therefrom the name of disqualified candidate Rev. Fr. Nardo B. Cayat and immediately proclaim petitioner Thomas R. Palileng, Sr. as the duly elected mayor of Buguias, Benguet.[13] Cayat filed an omnibus motion before the COMELEC First Division on 3 November 2004. Cayat prayed for the recall of the 25 October 2004 order and for the suspension of further proceedings while the resolution of G.R. No. 163776 remains pending before this Court. The hearing on the motion was set for 12 November 2004.[14] | |||||
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2004-06-15 |
SANDOVAL-GUTIERREZ, J. |
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| 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] | |||||