G.R. No. L-52451 - Dissenting Opinion

G.R. No. L-52451, March 31, 1981,
♦ Decision, Aquino, [J]
♦ Concurring Opinion, De Castro, [J]
♦ Dissenting Opinion, Fernando, [CJ]
♦ Dissenting Opinion, Teehankee, [J]
♦ Dissenting Opinion, Abad Santos, [J]
♦ Dissenting Opinion, Melencio-Herrera, [J]

ZACARIAS A. TICZON, petitioner,
vs.
COMMISSION ON ELECTIONS, respondent.

ZACARIAS A. TICZON, petitioner,
vs.
COMMISSION ON ELECTIONS, BOARD OF CANVASSERS OF SAN PABLO CITY and ANTONIO B. COSICO, respondents,
CESAR P. DIZON, intervenor.

RAMON ARMEDILLA, petitioner,
vs.
COMMISSION ON ELECTIONS and CESAR P. DIZON, respondents.

In the local elections held on January 30, 1980 in San Pablo, Laguna, petitioner Zacarias A. Ticzon and intervenor Cesar P. Dizon (them incumbent Mayor) were the respective NP and KBL official candidates for the position of City Mayor of San Pablo.

Prior to said elections, petitioner Ticzon and intervenor Dizon were respondents in case for disqualification on the ground of political turncoatism before respondent COMELEC. In PDC 235 entitled Cosico vs. Ticzon, it was alleged that petitioner Ticzon did not resign from his former political party, the Liberal Party, and became a member of the Nacionalista Party only on December 31, 1979. In PDC 166, entitled Armedilla vs. Dizon, it was also alleged that intervenor Dizon was a member of the Nacionalista Party until he filed his candidacy for City Mayor as the KBL candidate on January 3, 1980.

On January 31, 1980, intervenor Dizon filed a Petition with respondent COMELEC alleging that prior to the elections many registered voters in the permanent list of voters were not included in the certified list of voters prepared for each voting center, so that thousands of registered voters were disenfranchised and not able to vote on Election Day, and who, if able to vote, would materially alter the results of the election particularly with respect to the position of City Mayor; that petitioner Ticzon had resorted to wide-spread vote-buying and had employed strong-arm tactics; and that the election returns appear to be tampered, altered or falsified. Intervenor Dizon thus prayed to suspend ex-parte the canvassing of the election returns, more particularly that of City Mayor, and to suspend ex-parte the proclamation of the candidate elect and/or to annul any proclamation already made, more particularly that of City Mayor of San Pablo.

Acting on the aforesaid Petition of intervenor Dizon, respondent COMELEC issued a directive on February 1, 1980 addressed to the Provincial Election Officer of Laguna, the pertinent portion of which reads as follows:

1. To stop the canvassing of the votes for city positions from Mayor, vice-mayor and Member of Sangguniang Panglungsod in the City of San Pablo and that no canvass or proclamation shall be undertaken until further orders from the Commission. ...

On February 4, 1980, petitioner filed a Petition for Certiorari, Injunction with Preliminary Injunction (G.R. No. L-52451) with this Court questioning the aforequoted directive of respondent COMELEC as violative of section 175 of the 1978 Election Code.ℒαwρhi৷

Acting on the petition, the court RESOLVED in the light of the provisions of the Election Code and the applicable jurisprudence ... to restrain the Comelec from enforcing the said directive insofar as it suspended the canvassing, and to direct the city board of canvassers to proceed with the canvassing of the election returns.

After the issuance of said Restraining Order, which was served on COMELEC on February 6, 1980, that poll body became fully aware of the controversy before this Court and of the Restraining Order issued herein. Nonetheless, COMELEC continued to take steps the results of which tended to make the pending case before this Court moot and academic. Thus, on February 6, 1980, it replaced the City board of canvassers with a new board of canvassers composed of 3 COMELEC lawyers. On February 7, 1980, it transferred the place of canvass from San Pablo to Manila. On February 11, 1980, it ordered a recanvass of election returns previously canvassed by the former Board of Canvassers and to continue canvassing election returns not as yet canvassed. On February 12, 1980, it disqualified petitioner Zacarias A. Ticzon for turncoatism on the basis of pleadings and exhibits and without a full-dress hearing considered the votes cast for him as stray votes, and directed the City Board of Canvassers of San Pablo City to proclaim the remaining winning candidate. On February 15, 1980, Dizon was proclaimed winner by the City Board of Canvassers with "no opponent." And this, notwithstanding the manifestation by Asst. Solicitor General Vicente Mendoza at the hearing before this Court in the afternoon of February 15, 1980, of the COMELEC officials' assurance that implementation of the Resolution disqualifying petitioner Ticzon and directing the proclamation of the remaining candidate would be suspended pending this Court's action on his petition. The end result was that the canvassing of the election returns ordered by this Court, undoubtedly to include the votes of both contestants, was completely thwarted.

I vote, therefore, to grant the Petitions, the actuations of the COMELEC having been contrary to the spirit and intendment of our Restraining Order of February 5, 1980. The proclamation of Cesar P. Dizon as Mayor of San Pablo City should be set aside with the elected Vice-Mayor assuming office in the meantime; a canvass of the votes of both candidates should be held pursuant to the Restraining Order of this Court dated February 5, 1980; and the disqualification case against Ticzon should be remanded to the COMELEC for a full-dress hearing, or that issue ventilated anew in the quo warranto proceeding filed by Ticzon against Dizon with the COMELEC.

	Today is Wednesday, August 13, 2025

1987 Constitution 1986 Constitution 1973 Constitution 1943 Constitution 1935 Constitution Malolos Constitution Acts Commonwealth Acts Mga Batas Pambansa Republic Acts Presidential Decrees Executive Orders Administrative Orders Memorandum Orders Memorandum Circulars Proclamations General Orders Special Orders Supreme Court Court of Appeals Court of Tax Appeals Sandiganbayan Regional Trial Court Metropolitan Trial Court Municipal Trial Court Municipal Circuit Trial Court Municipal Trial Court Muslim Mindanao Autonomy Act Commission on Election Civil Service Commission Commission on Audit Supreme Court Decisions Reference Locator International Court of Justice International Criminal Court Collection of International Cases Treatises Agreements & Conventions United Nations World Trade Organization World Intellectual Property Organization Intellectual Seabed Authority Government Agencies Bar Examinations Archive Legal Dictionary Links
G.R. No. L-52451, March 31, 1981, ♦ Decision, Aquino, [J] ♦ Concurring Opinion, De Castro, [J] ♦ Dissenting Opinion, Fernando, [CJ] ♦ Dissenting Opinion, Teehankee, [J] ♦ Dissenting Opinion, Abad Santos, [J] ♦ Dissenting Opinion, Melencio-Herrera, [J] EN BANC G.R. No. L-52451 March 31, 1981 ZACARIAS A. TICZON, petitioner, vs. COMMISSION ON ELECTIONS, respondent. G.R. No. L-52678 March 31, 1981 ZACARIAS A. TICZON, petitioner, vs. COMMISSION ON ELECTIONS, BOARD OF CANVASSERS OF SAN PABLO CITY and ANTONIO B. COSICO, respondents, CESAR P. DIZON, intervenor. G.R. No. L-53393 March 31, 1981 RAMON ARMEDILLA, petitioner, vs. COMMISSION ON ELECTIONS and CESAR P. DIZON, respondents. Separate Opinions MELENCIO-HERRERA, J., dissenting: In the local elections held on January 30, 1980 in San Pablo, Laguna, petitioner Zacarias A. Ticzon and intervenor Cesar P. Dizon (them incumbent Mayor) were the respective NP and KBL official candidates for the position of City Mayor of San Pablo. Prior to said elections, petitioner Ticzon and intervenor Dizon were respondents in case for disqualification on the ground of political turncoatism before respondent COMELEC. In PDC 235 entitled Cosico vs. Ticzon, it was alleged that petitioner Ticzon did not resign from his former political party, the Liberal Party, and became a member of the Nacionalista Party only on December 31, 1979. In PDC 166, entitled Armedilla vs. Dizon, it was also alleged that intervenor Dizon was a member of the Nacionalista Party until he filed his candidacy for City Mayor as the KBL candidate on January 3, 1980. On January 31, 1980, intervenor Dizon filed a Petition with respondent COMELEC alleging that prior to the elections many registered voters in the permanent list of voters were not included in the certified list of voters prepared for each voting center, so that thousands of registered voters were disenfranchised and not able to vote on Election Day, and who, if able to vote, would materially alter the results of the election particularly with respect to the position of City Mayor; that petitioner Ticzon had resorted to wide-spread vote-buying and had employed strong-arm tactics; and that the election returns appear to be tampered, altered or falsified. Intervenor Dizon thus prayed to suspend ex-parte the canvassing of the election returns, more particularly that of City Mayor, and to suspend ex-parte the proclamation of the candidate elect and/or to annul any proclamation already made, more particularly that of City Mayor of San Pablo. Acting on the aforesaid Petition of intervenor Dizon, respondent COMELEC issued a directive on February 1, 1980 addressed to the Provincial Election Officer of Laguna, the pertinent portion of which reads as follows: You are hereby directed as follows: 1. To stop the canvassing of the votes for city positions from Mayor, vice-mayor and Member of Sangguniang Panglungsod in the City of San Pablo and that no canvass or proclamation shall be undertaken until further orders from the Commission. ... On February 4, 1980, petitioner filed a Petition for Certiorari, Injunction with Preliminary Injunction (G.R. No. L-52451) with this Court questioning the aforequoted directive of respondent COMELEC as violative of section 175 of the 1978 Election Code.ℒαwρhi৷ On February 5, 1980, we issued a Restraining Order reading as follows: Acting on the petition, the court RESOLVED in the light of the provisions of the Election Code and the applicable jurisprudence ... to restrain the Comelec from enforcing the said directive insofar as it suspended the canvassing, and to direct the city board of canvassers to proceed with the canvassing of the election returns. After the issuance of said Restraining Order, which was served on COMELEC on February 6, 1980, that poll body became fully aware of the controversy before this Court and of the Restraining Order issued herein. Nonetheless, COMELEC continued to take steps the results of which tended to make the pending case before this Court moot and academic. Thus, on February 6, 1980, it replaced the City board of canvassers with a new board of canvassers composed of 3 COMELEC lawyers. On February 7, 1980, it transferred the place of canvass from San Pablo to Manila. On February 11, 1980, it ordered a recanvass of election returns previously canvassed by the former Board of Canvassers and to continue canvassing election returns not as yet canvassed. On February 12, 1980, it disqualified petitioner Zacarias A. Ticzon for turncoatism on the basis of pleadings and exhibits and without a full-dress hearing considered the votes cast for him as stray votes, and directed the City Board of Canvassers of San Pablo City to proclaim the remaining winning candidate. On February 15, 1980, Dizon was proclaimed winner by the City Board of Canvassers with "no opponent." And this, notwithstanding the manifestation by Asst. Solicitor General Vicente Mendoza at the hearing before this Court in the afternoon of February 15, 1980, of the COMELEC officials' assurance that implementation of the Resolution disqualifying petitioner Ticzon and directing the proclamation of the remaining candidate would be suspended pending this Court's action on his petition. The end result was that the canvassing of the election returns ordered by this Court, undoubtedly to include the votes of both contestants, was completely thwarted. I vote, therefore, to grant the Petitions, the actuations of the COMELEC having been contrary to the spirit and intendment of our Restraining Order of February 5, 1980. The proclamation of Cesar P. Dizon as Mayor of San Pablo City should be set aside with the elected Vice-Mayor assuming office in the meantime; a canvass of the votes of both candidates should be held pursuant to the Restraining Order of this Court dated February 5, 1980; and the disqualification case against Ticzon should be remanded to the COMELEC for a full-dress hearing, or that issue ventilated anew in the quo warranto proceeding filed by Ticzon against Dizon with the COMELEC. The Lawphil Project - Arellano Law Foundation