CAYAT V. COMELEC G.R. No. 163776 April 24, 2007

FACTS:

Fr.Nardo Cayat and Thomas Palileng are the only mayoralty candidates for the May 2004 elections in Buguias Benguet.

Palileng filed a petition for cancellation of the COC of Cayat on the ground of misrepresentation. Palileng argues that Cayat misrepresents himself when he declared in his COC that he is eligible to run as mayor when in fact he is not because he is serving probation after being convicted for the offense of acts of lasciviousness.

Comelec, granted the petition of Palileng and Cayat filed a motion for reconsideration. Such, MR was denied because Cayat failed to pay the filing fee and hence, it was declared final and executory.

Despite this decision, Cayat was still proclaimed as the winner and Palileng filed a petition for annulment of proclamation. Comelec declared Palileng as the duly elected mayor and Feliseo Bayacsan as the duly elected vice mayor.

Bayacsan argues that he should be declared as mayor because of the doctrine of rejection of second placer.

ISSUE:

WON the rejection of second placer doctrine is applicable.

HELD:

The doctrine cannot be applied in this case because the disqualification of Cayat became final and executory before the elections and hence, there is only one candidate to speak of.

The law expressly declares that a candidate disqualified by final judgment before an election cannot be voted for, and votes cast for him shall not be counted. As such, Palileng is the only candidate and the duly elected mayor.

The doctrine will apply in Bayacsan’s favor, regardless of his intervention in the present case, if two conditions concur: (1) the decision on Cayat’s disqualification remained pending on election day, 10 May 2004, resulting in the presence of two mayoralty candidates for Buguias, Benguet in the elections; and (2) the decision on Cayat’s disqualification became final only after the elections.