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Velayo vs. Comelec: Due Process Violation

Arthur Velayo was proclaimed Mayor of Gapan Nueva Ecija but his opponent, PR Ernesto Natividad, filed several cases with the Comelec seeking to nullify the election results without notifying Velayo. The Comelec ruled in Natividad's favor and annulled Velayo's proclamation. Velayo claimed he was denied due process because he received no notice of the proceedings. The Supreme Court ruled that Velayo was a real party in interest since he was the proclaimed winner, and that failing to notify him or include him in the cases constituted a denial of due process.

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Benedict Alvarez
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174 views1 page

Velayo vs. Comelec: Due Process Violation

Arthur Velayo was proclaimed Mayor of Gapan Nueva Ecija but his opponent, PR Ernesto Natividad, filed several cases with the Comelec seeking to nullify the election results without notifying Velayo. The Comelec ruled in Natividad's favor and annulled Velayo's proclamation. Velayo claimed he was denied due process because he received no notice of the proceedings. The Supreme Court ruled that Velayo was a real party in interest since he was the proclaimed winner, and that failing to notify him or include him in the cases constituted a denial of due process.

Uploaded by

Benedict Alvarez
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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13. Velayo vs.

Comelec (Parties)

Facts:

Arthur Velayo and PR Ernesto Natividad were among the candidates for Mayor of Gapan Nueva
Ecija. PR orally sought the exclusion of Election Return on 3 precints on the ground that it is
incomplete and contains material defects. PR filed 3 more cases before the Comelec w/o giving
notice of appeal to Velayo. All his petitions were denied by Comelec En Banc. PR filed a MR
contending that the order of dismissal is contrary to law and the evidence. Again, Velayo was
bit given a copy of the motion. Comelec En Banc ruled in favor of respondent and annulled the
proclamation of petitioner. The Sol Gen agreed with Velayo and opined that the Comelec
gravely abused its discretion when it issued the impugned resolution.

*Velayo claimed that he was denied due process because he was not furnished any notice of
the pre-proclamation proceedings against him from beginning to end. All that petitioner
received from the Comelec was its en banc resolution annulling his proclamation.*

Issue:

W/N Velayo is a real party in interest since he was proclaimed the Mayor?

Ruling: YES

The proclaimed mayor and the members of the Municipal Board of Canvassers were not
impleaded in the pre-proclamation cases brought before the Comelec. The non-inclusion of the
proclaimed winner as respondent in a pre-proclamation controversy and his lack of notice of
the proceedings in the Comelec which resulted in the cancellation of his proclamation
constitute clear denial of the process.

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