JALOSJOS v. COMELEC Zamboanga del Norte in the May 2010 elections.

Jalosjos was running for

October 9, 2012 | Carpio, J. | Eligibility and Qualifications and Disqualifications his third term. Cardino filed on 6 December 2009 a petition under Section
78 of the Omnibus Election Code to deny due course and to cancel the
PETITIONER: DOMINADOR G. JALOSJOS, JR. certificate of candidacy of Jalosjos. Cardino asserted that Jalosjos made
RESPONDENTS: COMMISSION ON ELECTIONS and AGAPITO J. a false material representation in his certificate of candidacy when he
CARDINO declared under oath that he was eligible for the Office of Mayor.
SUMMARY: Both Jalosjos and Cardino were candidates for Mayor of Dapitan
City, Zamboanga del Norte in the May 2010 elections. Jalosjos was running for 2. Cardino claimed that long before Jalosjos filed his certificate of candidacy,
his third term. Cardino filed on 6 December 2009 a petition under Section 78 of Jalosjos had already been convicted by final judgment for robbery and
the Omnibus Election Code to deny due course and to cancel the certificate of sentenced to prisión mayor by the Regional Trial Court, Branch 18 (RTC)
candidacy of Jalosjos. Cardino asserted that Jalosjos made a false material of Cebu City. Cardino asserted that Jalosjos has not yet served his sentence.
representation in his certificate of candidacy when he declared under oath that he Jalosjos admitted his conviction but stated that he had already been granted
was eligible for the Office of Mayor. Cardino claimed that long before Jalosjos probation. Cardino countered that the RTC revoked Jalosjos’ probation in
filed his certificate of candidacy, Jalosjos had already been convicted by final an Order dated 19 March 1987. Jalosjos refuted Cardino and stated that the
judgment for robbery and sentenced to prisión mayor by the Regional Trial RTC issued an Order dated 5 February 2004 declaring that Jalosjos had
Court, Branch 18 (RTC) of Cebu City. duly complied with the order of probation. Jalosjos further stated that
during the 2004 elections the COMELEC denied a petition for
DOCTRINE: The COMELEC properly cancelled Jalosjos’ certificate of
disqualification filed against him on the same grounds.
candidacy. A void certificate of candidacy on the ground of ineligibility that
existed at the time of the filing of the certificate of candidacy can never give rise
3. This prompted Cardino to call the attention of the Commission on the
to a valid candidacy, and much less to valid votes. Jalosjos’ certificate of
candidacy was cancelled because he was ineligible from the start to run for decision of the Sandiganbayan dated September 29, 2008 finding Gregorio
Mayor. Whether his certificate of candidacy is cancelled before or after the F. Bacolod, former Administrator of the Parole and Probation
elections is immaterial because the cancellation on such ground means he was Administration, guilty of violating Section 3(e) of R.A. 3019 for issuing a
never a valid candidate from the very beginning, his certificate of candidacy falsified Certification on December 19, 2003 attesting to the fact that
being void ab initio. Jalosjos’ ineligibility existed on the day he filed his respondent Jalosjos had fully complied with the terms and conditions of his
certificate of candidacy, and the cancellation of his certificate of candidacy probation.
retroacted to the day he filed it. Thus, Cardino ran unopposed. There was only
one qualified candidate for Mayor in the May 2010 elections – Cardino – who
4. According to the Sandiganbayan: The Court finds that the above acts of
received the highest number of votes.
the accused gave probationer Dominador Jalosjos, Jr., unwarranted benefits
The last sentence of Article 32 states that "the offender shall not be permitted to and advantage because the subject certification, which was issued by the
hold any public office during the period of his perpetual special accused without adequate or official support, was subsequently utilized by
disqualification." Once the judgment of conviction becomes final, it is the said probationer as basis of the Urgent Motion for Reconsideration and
immediately executory. Any public office that the convict may be holding at the to Lift Warrant of Arrest that he filed with the Regional Trial Court of Cebu
time of his conviction becomes vacant upon finality of the judgment, and the City. The said Certification was also used by the said probationer and
convict becomes ineligible to run for any elective public office perpetually. In
became the basis for the Commission on Elections to deny in its Resolution
the case of Jalosjos, he became ineligible perpetually to hold, or to run for, any
elective public office from the time his judgment of conviction became final. of August 2, 2004 the petition or private complainant James Adasa for the
disqualification of the probationer from running for re-election as Mayor of
Dapitan City in the National and Local Elections of 2004.

FACTS: 5. COMELEC First Division: Granted Cardino’s petition and cancelled

1. Both Jalosjos and Cardino were candidates for Mayor of Dapitan City, Jalosjos’ certificate of candidacy. The COMELEC First Division concluded
 that "Jalosjos has indeed committed material misrepresentation in his In the case of Jalosjos, he became ineligible perpetually to hold, or to run
certificate of candidacy when he declared, under oath, that he is eligible for for, any elective public office from the time his judgment of conviction
the office he seeks to be elected to when in fact he is not by reason of a final became final.
judgment in a criminal case, the sentence of which he has not yet served." It
found that Jalosjos’ certificate of compliance of probation was fraudulently 3. Perpetual special disqualification is a ground for a petition under Section 78
issued; thus, Jalosjos has not yet served his sentence. The penalty imposed of the Omnibus Election Code because this accessory penalty is an
ineligibility, which means that the convict is not eligible to run for public
on Jalosjos was the indeterminate sentence of one year, eight months and office, contrary to the statement that Section 74 requires him to state under
twenty days of prisión correccional as minimum, to four years, two months oath. As used in Section 74, the word "eligible" means having the right to
and one day of prisión mayor as maximum. run for elective public office, that is, having all the qualifications and none
of the ineligibilities to run for public office. As this Court held in Fermin v.
6. COMELEC En Banc: Denied the MR filed by Jalosjos. With the proper Commission on Elections,17 the false material representation may refer to
revocation of Jalosjos’ earlier probation and a clear showing that he has not "qualifications or eligibility." One who suffers from perpetual special
yet served the terms of his sentence, there is simply no basis for Jalosjos to disqualification is ineligible to run for public office. If a person suffering
claim that his civil as well as political rights have been violated. Having from perpetual special disqualification files a certificate of candidacy
stating under oath that "he is eligible to run for (public) office," as expressly
been convicted by final judgment, Jalosjos is disqualified to run for an
required under Section 74, then he clearly makes a false material
elective position or to hold public office. His proclamation as the elected representation that is a ground for a petition under Section 78.
mayor in the May 10, 2010 election does not deprive the Commission of its 4. What is indisputably clear is that the false material representation of
authority to resolve the present petition to its finality, and to oust him from Jalosjos is a ground for a petition under Section 78. However, since the
the office he now wrongfully holds. false material representation arises from a crime penalized by prisión
mayor, a petition under Section 12 of the Omnibus Election Code or Section
40 of the Local Government Code can also be properly filed. The petitioner
ISSUE/s:
1. Did COMELEC rightfully cancel the Jalosjos’ Certificate of Candidacy? has a choice whether to anchor his petition on Section 12 or Section 78 of
the Omnibus Election Code, or on Section 40 of the Local Government
Code. The law expressly provides multiple remedies and the choice of
RULING: SC denied the petition. which remedy to adopt belongs to the petitioner.

RATIO: 5. The COMELEC properly cancelled Jalosjos’ certificate of candidacy. A

1. Clearly, Lacuna instructs that the accessory penalty of perpetual special void certificate of candidacy on the ground of ineligibility that existed at the
disqualification "deprives the convict of the right to vote or to be elected to time of the filing of the certificate of candidacy can never give rise to a
or hold public office perpetually." valid candidacy, and much less to valid votes. Jalosjos’ certificate of
candidacy was cancelled because he was ineligible from the start to run for
2. The accessory penalty of perpetual special disqualification takes effect Mayor. Whether his certificate of candidacy is cancelled before or after the
immediately once the judgment of conviction becomes final. The effectivity elections is immaterial because the cancellation on such ground means he
was never a valid candidate from the very beginning, his certificate of
of this accessory penalty does not depend on the duration of the principal
candidacy being void ab initio. Jalosjos’ ineligibility existed on the day he
penalty, or on whether the convict serves his jail sentence or not. The last filed his certificate of candidacy, and the cancellation of his certificate of
sentence of Article 32 states that "the offender shall not be permitted to hold candidacy retroacted to the day he filed it. Thus, Cardino ran unopposed.
any public office during the period of his perpetual special disqualification." There was only one qualified candidate for Mayor in the May 2010
Once the judgment of conviction becomes final, it is immediately elections – Cardino – who received the highest number of votes.
executory. Any public office that the convict may be holding at the time of
his conviction becomes vacant upon finality of the judgment, and the
convict becomes ineligible to run for any elective public office perpetually.