EMMANUEL SINACA vs.

 MIGUEL MULA and circumstances, more so that it was done with malice and
COMMISSION ON ELECTIONS (Sept 1999) without the required consensus of the political hierarchy.
FACTS: DAVIDE, JR, CJ.: EMMANUEL moved for the dismissal of the petition for the
following reasons: (CORRECT)
11 May 1998 elections, the two opposing factions of
the ruling party LAKAS-NUCD-UMPD (hereafter LAKAS) a) The petition does not state a cause of action as it is not
filled in separate candidates for the position of mayor of the based on any of the grounds for disqualification as
Municipality of Malimano, Surigao del Norte. One faction provided under Sec. 68 of the Omnibus Election Code
headed by Robert Z. Barbers (hereafter BARBERS Wing) and Sec. 40(A) of the Local Government Code of 1991;
nominated Grachil G. Canoy (hereafter CANOY), while the
other group lead by Francisco T. MATUGAS (hereafter b) The issue of who in LAKAS has the authority to nominate
MATUGAS Wing) endorsed the candidacy of Teodoro F. candidates for local officials, is an intra-party matter
Sinaca, Jr. (hereafter TEODORO). hence beyond the jurisdiction of the Comelec;

Miguel H. Mula (hereafter MULA), a candidate for vice- c) Gov. Matugas was duly authorized by LAKAS as its
mayor and belonging to the BARBERS Wing, filed before the Provincial Chairman and official candidate for Provincial
COMELEC a petition for disqualification against TEODORO. Governor to nominate the partys local candidates; and

Second Division of the COMELEC issued a resolution d) The petition is already moot and academic because of
disqualifying TEODORO as candidate for mayor of the the proclamation of EMMANUEL as mayor of the
Municipality of Malimono, Surigao del Norte and ordering the Municipality of Malimono, Surigao del Norte.
cancellation of his certificate of candidacy because of prior COMELEC Second Division dismissed the petition for
conviction of bigamy, a crime involving moral turpitude. disqualification and upheld the candidacy for mayor of
Teodoro filed a MR. Herein petitioner Emmanuel D. EMMANUEL.
Sinaca, (hereafter EMMANUEL), an independent candidate, MULA filed a MR raising in the main that the signature alone
withdrew his certificate of candidacy for Sangguniang Bayan of MATUGAS in the nomination was not sufficient because
Member, joined and became a member of the LAKAS party the partys authority to nominate was given to both
and was nominated by the LAKAS MATUGAS Wing as the MATUGAS and Senator Robert S. Barbers (hereafter
substitute mayoralty candidate for the Municipality of BARBERS), in their joint capacity, and that the nomination of
Malimono, Surigao del Norte. On the basis of said EMMANUEL is void since he was an independent candidate
nomination, EMMANUEL filed his certificate of prior to his nomination.
candidacy attached thereto is his certificate of nomination as
LAKAS mayoralty candidate signed by Governor Francisco  COMELEC en banc issued a Resolution which set
T. MATUGAS (hereafter MATUGAS), as party provincial aside the resolution of the Second Division and disqualified
chairman together with EMMANUEls written acceptance of EMMANUEL.
the partys nomination.
ISSUE:
MULA filed through mail another petition for
disqualification, this time against EMMANUEL, which was WON the substitution of Emmanuel Sinica was against the
received by the COMELEC. Contending that the substitution provisions of Section 77 of the Omnibus Election Code. (NO)
of EMMANUEL was illegal. The ff are the grounds:
RULING
a) The substitute, before he filed his Certificate of Candidacy
as LAKAS candidate, was an independent The rule on substitution of an official candidate of a
candidate. Being so, he cannot rightfully substitute the registered or accredited political party who dies, withdraws
disqualified one; or is disqualified for any cause after the last day for the filing
of certificates of candidacy is governed by Sec. 77 of the
b) The nomination of respondent substitute bears only the Omnibus Election Code which provides:
approval of Provincial Chairman Matugas and without
consultation and consent of the higher political hierarchy
especially Mr. Robert Ace Barbers who has also a say on If after the last day for the filing of certificates of
nomination of candidates within his jurisdiction, as candidacy, an official candidate of a registered or
evidenced by an authority hereto attached as Annex E; accredited political party dies, withdraws or is disqualified
for any cause, only a person belonging to, and certified by,
c) Substitution generally takes place when by reason of a the same political party may file a certificate of candidacy
candidates disqualification the party to which he belongs to replace the candidate who died, withdrew or was
loses such representation. In the instant case, the disqualified. The substitute candidate nominated by the
disqualification did not at all prejudice LAKAS NUCD- political party concerned may file his certificate of
UMDP because Mr. Garchil G. Canoy is still there candidacy for the office affected in accordance with the
representing the party after the disqualification. The preceding sections not later than mid-day of the day of the
substitution is a redundancy and not necessary under the election. If the death, withdrawal or disqualification should
occur between the day before the election and mid-day of
 election day, said certificate maybe filed with any board of The argument advanced by private respondent MULA
election inspectors in the political subdivision where he is that MATUGAS has no authority to nominate a candidate
a candidate, or, in the case of candidates to be voted for without the concurrence of BARBERS is devoid of merit.
by the entire electorate of the country, with the
Commission. Firstly, MATUGAS, was designated by the LAKAS
National Headquarters through its Deputy Secretary General
and National Secretariat Executive Director Reynaldo L.
In the instant case, there was substantial compliance Maclang, as the party officer authorized to nominate, sign,
with the above said requirements. EMMANUEL was properly attest under oath, and issue Certificates of Nomination and
nominated as substitute candidate by the LAKAS party Acceptance for the Partys official candidates for the
MATUGAS wing to which TEODORO, the disqualified positions of Board Members, City Councilors, Municipal
candidate, belongs, as evidenced by the Certificate of Mayors, Vice-mayors and councilors for the Province of
Nomination and Acceptance signed by MATUGAS, the Surigao del Norte.
Partys provincial chairman. That EMMANUEL is a bona fide
member of the LAKAS party is shown not only by the This authorization which was dated March 26, 1998
certificate of membership, which is being controverted for replaced and/or modified the former authorization given by
having been presented as new evidence for the first time the party to both BARBERS and MATUGAS. Both
before this court, but more importantly by his certificate of BARBERS and MATUGAS were given separate and distinct
candidacy filed before the COMELEC stating therein that he authorizations when the mother of BARBERS ran for
belongs to the LAKAS party. governor against MATUGAS.
A certificate of candidacy is in the nature of a formal Secondly, there are only two official candidates for
manifestation to the whole world of the candidates political mayor of Malimono, Surigao del Norte, namely TEODORO
creed or lack of political creed. It is a statement of a person and CANOY, both of whom are members of the LAKAS
seeking to run for a public office certifying that he announces party but from different factions. TEODORO was indorsed by
his candidacy for the office mentioned and that he is eligible the MATUGAS wing and CANOY by the BARBERS
for the office, the name of the political party to which he Wing. The certificates of candidacy of these candidates were
belongs, if he belongs to any, and his post-office address for never questioned despite the fact that they belong to the
all election purposes being as well stated. same political party and were separately and independently
endorsed by either BARBERS or MATUGAS. Therefore, if
The certificate of candidacy of EMMANUEL permitted the absence of a joint nomination is to be considered fatal to
the placing of his name before the electorate. It constituted the validity of the certificate of candidacy of TEODORO or
an authorized badge, which the voter could scrutinize before CANOY, then there would in effect no candidates running for
casting his ballot. Thus, with the declaration of EMMANUEL mayor in the Municipality of Malimono, Surigao del Norte.
in his certificate of candidacy that he is affiliated with the
LAKAS party, he was effectively voted by the electorate not Verily, it stands to reason that with the disqualification
as an independent candidate, but as a member of the of TEODORO, who is a member of the LAKAS MATUGAS
LAKAS party. His allegation in the certificate of candidacy as wing, the substitute must come from the same faction as the
to political party to which he belongs is sufficient to make the candidate to be substituted and since it was MATUGAS who
electorate conscious of the platform of the said political indorsed the nomination of TEODORO, then MATUGAS
party. nomination of EMMANUEL in substitution of TEODORO is
sufficient and in order.
The fact that EMMANUEL was an independent
candidate prior to his nomination is immaterial. What is more There is also no irregularity in the act of EMMANUEL in
significant is that he had previously withdrawn his certificate joining a political party. The right of individuals to form an
of candidacy as independent candidate for Sangguniang association as guaranteed by the fundamental law includes
member before he filed his certificate of candidacy as a the freedom to associate or refrain from association. No man
substitute for TEODORO at which time he was, for all intents is compelled by law to become a member of a political party;
and purposes, already deemed a member of the LAKAS or after having become such, to remain a member.
party MATUGAS wing.
We also agree with the contention of EMMANUEL that
Even the fact that EMMANUEL only became a member the decision as to which member a party shall nominate as
of the LAKAS party after the disqualification of TEODORO, its candidate is a party concern which is not cognizable by
will not affect the validity of the substitution. There is nothing the courts.
in the Constitution or the statute which requires as a
condition precedent that a substitute candidate must have A political party has the right to identify the people who
been a member of the party concerned for a certain period of constitute the association and to select a standard bearer
time before he can be nominated as such. Section 77 of the who best represents the partys ideologies and preference.
Omnibus Election Code only mandates that a substitute Political parties are generally free to conduct their internal
candidate should be a person belonging to and certified by affairs free from judicial supervision; this common-law
the same political party as the candidate to be replaced. We principle of judicial restraint, rooted in the constitutionally
cannot provide for an additional requirement or condition not protected right of free association, serves the public interest
provided under the said provision without encroaching into by allowing the political processes to operate without undue
the domain of the legislative department. interference. Thus, the rule is that the determination of
disputes as to party nominations rests with the party, in the
absence of statutes giving the courts jurisdiction.
Quintessentially, where there is no controlling statute or
clear legal right involved, the court will not assume
jurisdiction to determine factional controversies within a
political party, but will leave the matter for determination
by the proper tribunals of the party itself or by the electors at
the polls. Similarly, in the absence of specific constitutional
or legislative regulations defining how nominations are to be
made, or prohibiting nominations from being made in certain
ways, political parties may handle party affairs, including
nominations, in such manner as party rules may establish.
An election in which the voters have fully, fairly, and
honestly expressed their will is not invalid even though an
improper method is followed in the nomination of candidates.
This is because in determining the effect of a particular
irregularity in a party nomination for office on the result of the
general election, the pivotal issue is whether the irregularity
complained of has prevented a full, fair, and free expression
of the public will. Thus, in the absence of a statutory
provision to the contrary, an election may not even be
invalidated by the fact that the nomination of the successful
candidate was brought about by fraud, and not in the
manner prescribed by the statute, provided it appears that
noncompliance with the law did not prevent a fair and free
vote.
Finally, the issue as to the validity of EMMANUELs
nomination as substitute candidate has been rendered moot
and academic by his proclamation on May 12, 1998, by the
Board of Canvassers of Malimono as the duly elected
municipal mayor and after he has assumed into office. The
fact that the nomination of a substitute lacks the signature of
one of the authorized signatory is but a technicality which
cannot be used to frustrate the will of the electorate.
WHEREFORE, the petition is GRANTED. The assailed
resolution of 6 October 1998 of the COMELEC en banc is
hereby REVERSED and SET ASIDE and another one
rendered declaring EMMANUEL SINACA as having been
duly elected mayor of the Municipality of Malimono, Surigao
del Norte.