CASE 2019-0022: VICE MAYOR SHIRLYN L. BIÑAS-NOGRALES, ET AL. VS. COMMISSION ON ELECTIONS (G.R. NO. 246328. SEPTEMBER 10, 2019, CARANDANG, J.) (SUBJECT/S: ELECTIONS; SPECIAL LAW VS CONSTITUION) (BRIEF TITLE: BINAS=NOGRALES ET AL VS COMELEC)

  

DISPOSITIVE:

 

“WHEREFORE, the instant petition is hereby GRANTED. COMELEC Resolution No. 10524 is hereby declared NULL and VOID.The elections for the representative of the First Legislative District of South Cotabato, including General Santos City is UPHELD. COMELEC is hereby DIRECTED to CONVENE a Special Provincial Board of Canvassers to PROCLAIM petitioner Shirlyn L. Bafias-Nograles, the winning candidate, as Representative of the First Legislative District of South Cotabato, including General Santos City.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

“The 1987 Constitution is clear: Elections for Congress should be held on the 2nd Monday of May unless otherwise provided by law. The term “unless otherwise provided by law” contemplates two situations ( 1) when the law specifically states when the elections should be held on a date other than the second Monday of May; and (2) when the law delegates the setting of the date of the elections to COMELEC.

 

Section 1 of R.A. 11243 categorically states that the reapportionment of the 1st District shall “commence in the next national and local elections after the effectivity of this Act.” R.A. 11243 did not specifically provide for a different date. Neither did it delegate unto COMELEC the setting of a different date.

 

………..

 

Also, if We were to follow COMELEC’s interpretation, an incongruity would result as the winning candidate in COMELEC’s special elections34 would serve a term less than that provided for in Section 7, Article VI of the 1987 Constitution. Similar to Section 8, the only exception is when another term is “otherwise provided by law.” Again, R.A. 11243 did not provide for a term less than three years, as provided in the 1987 Constitution.

 

The elections for the First Legislative District of the Province of South Cotabato scheduled on May 13, 2019 should not have been suspended, and the candidate obtaining the most number of votes for the said position must be proclaimed. Consequently, the holdover provision under Section 2 of R.A. 11243 would be inapplicable since there would already be a newly elected and qualified Representative.”

  

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0022-Vice Mayor Shirlyn L. Biñas-Nograles, et al. Vs. Commission on Elections

 

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