CASE 2016-0072: H. SOHRIA PASAGI DIAMBRANG V. COMMISSION ON ELECTIONS AND H. HAMIM SARIP PATAD (G.R. 201809, 11 OCTOBER 2016 , CARPIO, ACTING C.J) (BRIEF TITLE: DIAMBRANG VS COMELEC ET AL)

 

DISPOSITIVE:

 

“WHEREFORE, we DISMISS the petition for being moot and academic.

 

 SO ORDERED”

 

SUBJECTS/DOCTRINES/DIGEST:

 

“Clearly, the prevailing ruling is that if the certificate of candidacy is void ab initio, the candidate is not considered a candidate from the very beginning even if his certificate of candidacy was cancelled after the elections.

 

Patad’s disqualification arose from his being a fugitive from justice. It does not matter that the disqualification case against him was finally decided by the COMELEC En Banc only on 14 November 2011. Patad’s certificate of candidacy was void ab initio. As such, Diambrang, being the first-placer among the qualified candidates, should have been proclaimed as the dulyelected Punong Barangay of Barangay Kaludan, Nunungan, Lanao del Norte. However, due to supervening events as we previously discussed, Diambrang can no longer hold office.”

 

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scd-2016-0072-h-sohria-pasagi-diambrang

 

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