[ G.R. No. 55988. February 18, 1983 ] 205 Phil. 558
EN BANC
[ G.R. No. 55988. February 18, 1983 ]
CECIL DIGMAN, PETITIONER, VS. COMMISSION ON ELECTIONS (FIRST DIVISION) AND MARCELO U. AGUINDADAO, RESPONDENTS. D E C I S I O N
AQUINO, J.:
This is a case on turncoatism or political opportunism. Cecil Digman was the Nacionalista candidate for vice-mayor of La Trinidad, Benguet in the election on January 30, 1980. On January 16 1980, his opponent, Marcelo U. Aguindadao, the official candidate of the Kilusang Bagong Lipunan, filed with the Commission on Elections a petition to disqualify Digman on the ground of turncoatism (pp. 31-33, Rollo).
At the hearing, Aguindadao presented evidence proving that Digman was disqualified to run for vice-mayor because on December 26, 1979 he had affiliated himself with the KBL (p. 34, Rollo) and attended the KBL caucus on that date; that Digman was the treasurer of the municipal KBL committee; that he wanted to run as KBL candidate for vice-mayor but lost to Cipriano Abalos and that after losing in the KBL convention, Digman had himself proclaimed as the official NP candidate for vice-mayor (See Exh. A to E).
Digman did not present any evidence. The Comelec in a telegram sent on January 31, 1980 to the chairman of the municipal board of canvassers directed that board to withhold the proclamation of Digman as the winning candidate for vice-mayor but the board disregarded that directive and on February 5, 1980 proclaimed Digman as the elected vice-mayor. He obtained 6,820 votes while Aguindadao received 3,811 votes. Digman took his oath of office.
The Comelec in its resolution of August 27, 1980 disqualified Digman for the position of vice-mayor on the ground of turncoatism and declared the votes cast in his favor as stray votes (p. 53, Rollo).
In its order of December 16, 1980, the Comelec denied Digman’s motion for reconsideration, constituted itself as the Board of Canvassers and proclaimed Aguindadao as the duly elected vice-mayor of La Trinidad (p. 88, Rollo).
The said resolution and order of the Comelec were assailed by Digman in this petition for certiorari which he filed on January 26, 1981 and which is a continuation of a pre-proclamation controversy.
We hold that we should not disturb the Comelec’s factual finding that Digman changed his party affiliation from KBL to NP within six months preceding the election and that, therefore, he was disqualified to run under the NP banner and his opponent should be the one proclaimed in his stead. That is a settled matter. (Sec. 10, Art. XII[C], Constitution; Sec. 7, Batas Pambansa Blg. 52; Presidential Decrees Nos. 1661 and 1161-A; Gabatan vs. Comelec, G.R. No. 52381, January 25, 1980; Evasco vs. Comelec, G.R. No. 52401, January 28, 1980; Sandalo vs. Comelec, G.R. No. 52737, August 31, 1981, 107 SCRA 132; Santos vs. Comelec, G.R. No. 52390, March 31, 1981, 103 SCRA 628; Ticzon vs. Comelec, G.R. No. 52451, March 31, 1981, 103 SCRA 671; Geronimo vs. Comelec, G.R. No. 52413, September 26, 1981, 107 SCRA 614.)
The case of Venezuela vs. Commission on Elections, G.R. No. 53532, July 25, 1980, 98 SCRA 790, refers to a situation where Noli M. Venezuela filed on February 19, 1980 the petition to disqualify, on the ground of turncoatism, Artemio R. Saldivar, who was proclaimed mayor of Pozorrubio, Pangasinan on February 6, 1980. The Comelec dismissed the petition. Venezuela assailed that dismissal order in this Court.
We dismissed Venezuela’s certiorari petition with the directive that he could file before the proper court an election protest or a quo warranto proceeding. That ruling is not appropriate for this case which, as already stated, involves a pre-proclamation controversy on the issue of turncoatism and where the municipal board of canvassers proclaimed the petitioner in defiance of the Comelec’s directive to withhold his proclamation as vice-mayor.
WHEREFORE, Digman’s petition is dismissed with costs against him.
SO ORDERED.
Makasiar, Concepcion Jr., Guerrero, Melencio-Herrera, Plana, Escolin, Relova and Gutierrez, Jr., JJ., concur. Fernando, C.J. and Vasquez, J., in the result. Teehankee and Abad Santos, JJ., see dissent below. De Castro, J., see concurring.