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    Rulloda Vs COMELEC

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    Don Amboy
    Romeo Rulloda died before an election for barangay chairman. His widow Betty requested to replace him as candidate but the Commission on Elections denied it. Betty received more votes than the other candidate Remegio Placido but the board proclaimed Placido chairman based on the Commission's rule against candidate substitution. The court granted Betty's petition, ruling that substitution is allowed in barangay elections in the absence of an explicit prohibition, and ordered Betty be proclaimed the elected chairman.

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    Rulloda Vs COMELEC

    Uploaded by

    Don Amboy
    48 views2 pages
    Romeo Rulloda died before an election for barangay chairman. His widow Betty requested to replace him as candidate but the Commission on Elections denied it. Betty received more votes than the other candidate Remegio Placido but the board proclaimed Placido chairman based on the Commission's rule against candidate substitution. The court granted Betty's petition, ruling that substitution is allowed in barangay elections in the absence of an explicit prohibition, and ordered Betty be proclaimed the elected chairman.

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    15. Rulloda vs COMELEC

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    Romeo Rulloda died before an election for barangay chairman. His widow Betty requested to replace him as candidate but the Commission on Elections denied it. Betty received more votes than the other candidate Remegio Placido but the board proclaimed Placido chairman based on the Commission's rule against candidate substitution. The court granted Betty's petition, ruling that substitution is allowed in barangay elections in the absence of an explicit prohibition, and ordered Betty be proclaimed the elected chairman.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    48 views2 pages

    Rulloda Vs COMELEC

    Uploaded by

    Don Amboy
    Romeo Rulloda died before an election for barangay chairman. His widow Betty requested to replace him as candidate but the Commission on Elections denied it. Betty received more votes than the other candidate Remegio Placido but the board proclaimed Placido chairman based on the Commission's rule against candidate substitution. The court granted Betty's petition, ruling that substitution is allowed in barangay elections in the absence of an explicit prohibition, and ordered Betty be proclaimed the elected chairman.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Rulloda vs.

    Commission on Elections
    G.R. No. 154198
    January 20, 2003

    FACTS: In the barangay elections of July 15, 2002, Romeo N. Rulloda and Remegio L.
    Placido were the contending candidates for Barangay Chairman of Sto. Tomas, San
    Jacinto, Pangasinan. On June 22, 2002, Romeo suffered a heart attack and passed away.
    His widow, petitioner Petronila "Betty" wrote a letter to the Commission on Elections
    seeking permission to run as candidate for Barangay Chairman. Petitioner’s request was
    supported by the Appeal-Petition containing several signatures of people purporting to
    be members of the electorate of Barangay Sto. Tomas.
    On July 14, 2002, Election Officer Ludivico L. Asuncion issued a directive to the
    Chairman and Members of the Barangay Board of Canvassers: read the same as it is
    written but add the words "NOT COUNTED" like "BETTY NOT COUNTED" or
    "RULLODA NOT COUNTED". Petitioner garnered 516 votes while respondent
    Remegio Placido received 290 votes. Despite this, the Board of Canvassers proclaimed
    Placido as the Barangay Chairman.

    Petitioner learned that the Commission issued Resolution No. 4801. Section 9 of the
    same – “There shall be no substitution of candidates for barangay and Sangguniang
    Kabataan officials”. Petitioner filed the instant petition for certiorari, seeking to annul
    Section 9 of Resolution No. 4801 and Resolution No. 5217.

    ISSUE: Whether or not substitution may be allowed in barangay elections?

    HELD: YES. The instant petition is GRANTED.


    The assailed Resolution No. 5217 of the Commission on Elections, insofar as it denied
    due course to petitioner’s certificate of candidacy, is declared NULL and VOID. The
    proclamation of respondent Remegio L. Placido as Barangay Chairman is SET
    ASIDE, and the Board of Canvassers is ORDERED to proclaim petitioner as the duly
    elected Barangay Chairman.

    Election means the choice or selection of candidates to public office by popular vote;
    embodiment of the popular will, the expression of the sovereign power of the people.
    Respondents base their argument on Section 77 of the Omnibus Elections Code on
    Candidates in case of death, disqualification or withdrawal of another. Private
    respondent argues that inasmuch as the barangay election is non-partisan, there can be
    no substitution because there is no political party from which to designate the
    substitute.
    However, it is well-settled that in case of doubt, political laws must be so construed as
    to give life and spirit to the popular mandate freely expressed through the
    ballot. Contrary to respondents claim, the absence of a specific provision governing
    substitution of candidates in barangay elections cannot be inferred as a prohibition
    against said substitution.

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