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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2000 Jurisprudence                 

  • G.R. No. 117690 September 1, 2000 - PEOPLE OF THE PHIL. v. ALBERTO DANO

  • G.R. No. 128567 September 1, 2000 - HUERTA ALBA RESORT INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-00-1582 September 4, 2000 - COB C. DE LA CRUZ v. RODOLFO M. SERRANO

  • G.R. No. 134763 September 4, 2000 - PEOPLE OF THE PHIL. v. WILFREDO RIGLOS, ET AL.

  • G.R. No. 137785 September 4, 2000 - NAPOCOR v. VINE DEVELOPMENT CORPORATION, ET AL.

  • G.R. No. 139282 September 4, 2000 - ROMEO DIEGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 90828 September 5, 2000 - MELVIN COLINARES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124077 September 5, 2000 - PEOPLE OF THE PHIL. v. ADORACION SEVILLA ET AL.

  • G.R. No. 129239 September 5, 2000 - PEOPLE OF THE PHIL. v. PAUL LAPIZ

  • G.R. Nos. 131848-50 September 5, 2000 - PEOPLE OF THE PHIL. v. RODOLFO VILLARAZA

  • G.R. No. 139853 September 5, 2000 - FERDINAND THOMAS M. SOLLER v. COMELEC, ET AL.

  • A.M. No. MTJ-00-1307 September 6, 2000 - MANUEL BUNYI, ET AL. v. FELIX A. CARAOS

  • A.M. No. MTJ-00-1309 September 6, 2000 - FREDESMINDA DAYAWON v. MAXIMINO A. BADILLA

  • A.M. No. O.C.A.-00-01 September 6, 2000 - JULIETA B. NAVARRO v. RONALDO O. NAVARRO, ET AL.

  • G.R. No. 129220 September 6, 2000 - PEOPLE OF THE PHIL. v. BERNIE JAMON FAUSTINO

  • G.R. No. 131506 September 6, 2000 - PEOPLE OF THE PHIL. v. RODEL DIZON

  • G.R. No. 133625 September 6, 2000 - REMEDIOS F. EDRIAL ET AL. v. PEDRO QUILAT-QUILAT, ET AL.

  • A.M. No. MTJ-00-1314 September 7, 2000 - CLODUALDO C. DE JESUS v. RODOLFO D. OBNAMIA JR.

  • G.R. No. 121802 September 7, 2000 - GIL MACALINO, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 126036 September 7, 2000 - PEOPLE OF THE PHIL. v. PASCUAL BALINAD, ET AL.

  • G.R. No. 128158 September 7, 2000 - PEOPLE OF THE PHIL. v. ARMANDO JUAREZ, ET AL.

  • G.R. No. 137431 September 7, 2000 - EDGARDO SANTOS v. LAND BANK OF THE PHIL.

  • G.R. No. 143385 September 7, 2000 - LEARNING CHILD, ET AL. v. ANNIE LAZARO, ET AL.

  • A.M. Nos. P-93-990 & A.M. No. P-94-1042 September 8, 2000 - TERESITO D. FRANCISCO v. FERNANDO CRUZ

  • G.R. No. 125167 September 8, 2000 - PRODUCERS BANK OF THE PHIL, ET AL. v. BANK OF THE PHIL. ISLANDS, ET AL.

  • G.R. No. 137714 September 8, 2000 - PEOPLE OF THE PHILS.. v. ROBERTO BANIGUID

  • A. M. No. P-99-1309 September 11, 2000 - FRANCISCO B. IBAY v. VIRGINIA G. LIM

  • G.R. No. 137857 September 11, 2000 - REPUBLIC OF THE PHIL. v. SANCHO MAGDATO

  • G.R. No. 115054-66 September 12, 2000 - PEOPLE-OF THE PHILIPPINES v. VICENTE MENIL

  • G.R. No. 138201 September 12, 2000 - FRANCISCO BAYOCA, ET AL. v. GAUDIOSO NOGALES, ET AL.

  • G.R. No. 123111 September 13, 2000 - PEOPLE OF THE PHIL. v. JIMMY DAGAMI

  • G.R. No. 127444 September 13, 2000 - PEOPLE OF THE PHIL. v. TIRSO D. C. VELASCO, ET AL.

  • G.R. No. 126402 September 13, 2000 - PEOPLE OF THE PHIL. v. LITO ROSALES

  • G.R. No. 126781 September 13, 2000 - PEOPLE OF THE PHIL. v. CALIXTO ZINAMPAN, ET AL.

  • G.R. No. 133918 September 13, 2000 - PEOPLE OF THE PHIL. v. TIBOY ALBACIN

  • G.R. No. 133981 September 13, 2000 - PEOPLE OF THE PHIL. v. HILARION BERGONIO, JR.

  • A.M. No. 00-1281-MTJ. September 14, 2000 - OFFICE OF THE COURT ADMINISTRATOR v. SALVADOR B. MENDOZA

  • G.R. Nos. 104637-38 & 109797 September 14, 2000 - SAN MIGUEL CORPORATION, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126368 September 14, 2000 - PEOPLE OF THE PHIL. v. JOHNNY CALABROSO, ET AL.

  • G.R. No. 129208 September 14, 2000 - PEOPLE OF THE PHIL. v. EDGARDO ALORO

  • G.R. No. 131680 September 14, 2000 - SUBIC BAY METROPOLITAN AUTHORITY, ET AL. v. UNIVERSAL INTERNATIONAL GROUP OF TAIWAN, ET AL.

  • G.R. No. 140269-70 September 14, 2000 - PHIL. CARPET EMPLOYEES ASSOCIATION ET AL. v. PHIL. CARPET MANUFACTURING CORP.

  • G.R. Nos. 143351 & 144129 September 14, 2000 - MA. AMELITA C. VILLAROSA v. HRET, ET AL.

  • G.R. No. 109269 September 15, 2000 - BAYER PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134266 September 15, 2000 - PEOPLE OF THE PHIL. v. MELENCIO BALI-BALITA

  • G.R. Nos. 135288-93 September 15, 2000 - PEOPLE OF THE PHIL. v. JESUS GIANAN

  • G.R. No. 130038 September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.

  • G.R. No. 132603 September 18, 2000 - ELPIDIO M. SALVA, ET AL. v. ROBERTO L. MAKALINTAL, ET AL.

  • G.R. No. 134651 September 18, 2000 - VIRGILIO JIMENEZ, ET AL. v. PATRICIA, INC.

  • G.R. No. 134730 September 18, 2000 - FELIPE GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133373-77 September 18, 2000 - PEOPLE OF THE PHIL. v. FAUSTINO CAMPOS

  • G.R. NO. 140268 September 18, 2000 - PEOPLE OF THE PHIL. v. JOSE LLANES, ET AL.

  • G.R. No. 141471 September 18, 2000 - COLEGIO DE SAN JUAN DE LETRAN v. ASSOC. OF EMPLOYEES AND FACULTY OF LETRAN, ET AL.

  • G.R. No. 141787 September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC

  • G.R. No. 142038 September 18, 2000 - ROLANDO E. COLUMBRES v. COMELEC, ET AL.

  • G.R. Nos. 136149-51 September 19, 2000 - PEOPLE OF THE PHIL. v. WALPAN LADJAALAM

  • G.R. No. 137659 September 19, 2000 - PEOPLE OF THE PHIL. v. AMADEO TRELLES

  • G.R. No. 114348 September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 131927 September 20, 2000 - PEOPLE OF THE PHIL. v. DAVID BANAWOR, ET AL.

  • G.R. No. 135516 September 20, 2000 - PEOPLE OF THE PHILS. v. NEIL DUMAGUING

  • G.R. No. 132547 September 20, 2000 - PEOPLE OF THE PHIL. v. ERNESTO ULEP

  • G.R. No. 117417 September 21, 2000 - MILAGROS A. CORTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120747 September 21, 2000 - VICENTE GOMEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 128990 September 21, 2000 - INVESTORS FINANCE CORP. v. AUTOWORLD SALES CORP.

  • G.R. No. 136396 September 21, 2000 - PEOPLE OF THE PHIL. v. ROLANDO ZASPA, ET AL.

  • G.R. No. 136453 September 21, 2000 - PETRITA Y. BONILLA v. COURT OF APPEALS, , ET AL.

  • G.R. No. 137571 September 21, 2000 - TUNG CHIN HUI v. RUFUS B. RODRIGUEZ, ET AL.

  • A.M. No. P-00-1424 & MTJ-00-1316 September 25, 2000 - REYNALDO B. BELLOSILLO v. DANTE DE LA CRUZ RIVERA

  • G.R. No. 129055 September 25, 2000 - PEOPLE OF THE PHIL. v. EDGAR BACALSO

  • G.R. No. 129296 September 25, 2000 - PEOPLE OF THE PHlL. v. ABE VALDEZ

  • G.R. No. 132078 September 25, 2000 - PEOPLE OF THE PHIL. v. ARTEMIO BERZUELA

  • G.R. No. 133465 September 25, 2000 - AMELITA DOLFO v. REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE, ET AL.

  • A.M. No. RTJ-93-986 September 26, 2000 - EDUARDO C. DE VERA v. WILLIAM LAYAGUE

  • G.R. No. 122110 September 26, 2000 - PEOPLE OF THE PHIL. v. FERIGEL OLIVA

  • G.R. No. 135630 September 26, 2000 - INTRAMUROS TENNIS CLUB v. PHIL. TOURISM AUTHORITY (PTA)

  • G.R. Nos. 136012-16 September 26, 2000 - PEOPLE OF THE PHIL. v. ULDARICO HONRA, JR.

  • G.R. No. 138887 September 26, 2000 - PEOPLE OF THE PHIL. v. JURRIE DUBRIA

  • G.R. No. 142392 September 26, 2000 - DOMINGA A. SALMONE v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • A.M. No. MTJ-00-1319 September 27, 2000 - ROLANDO A. SULLA v. RODOLFO C. RAMOS

  • A.M. No. RTJ-99-1447 September 27, 2000 - LEONARDO DARACAN, ET AL. v. ELI G.C. NATIVIDAD

  • G.R. No. 109760 September 27, 2000 - PEOPLE OF THE PHILS. v. PABLO F. EMOY, ET AL.

  • G.R. No. 122498 September 27, 2000 - PEOPLE OF THE PHILS. v. ELMEDIO CAJARA

  • G.R. No. 133946 September 27, 2000 - PEOPLE OF THE PHIL. v. OSCAR NOGAR

  • G.R. Nos. 97138-39 September 28, 2000 - PEOPLE OF THE PHIL. v. EFREN TEMANEL, ET AL.

  • G.R. No. 132311 September 28, 2000 - PEOPLE OF THE PHIL. v. MINA LIBRERO

  • G.R. No. 132725 September 28, 2000 - PEOPLE OF THE PHIL. v. ARMANDO QUILATAN

  • G.R. No. 136843 September 28, 2000 - PEOPLE OF THE PHIL. v. PEDRO ABUNGAN, ET AL.

  • G.R. No. 138054 September 28, 2000 - ROSENDO C. CARTICIANO, ET AL. v. MARIO NUVAL

  • G.R. No. 138503 September 28, 2000 - ROBERTO FERNANDEZ v. PEOPLE OF THE PHIL., ET AL.

  • A.M. No. 00-3-01-CTA September 29, 2000 - RE: JUDGE ERNESTO D. ACOSTA

  • A.M. No. RTJ-00-1589 September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO

  • G.R. No. 106401 September 29, 2000 - FLORENTINO ZARAGOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123299 September 29, 2000 - PEOPLE OF THE PHIL. v. SANTIAGO CARUGAL, ET AL.

  • G.R. Nos. 124671-75 September 29, 2000 - PEOPLE OF THE PHIL. v. LINDA SAGAYDO

  • G.R. No. 126048 September 29, 2000 - PEOPLE OF THE PHIL v. RODEL SAMONTE

  • G.R. No. 126254 September 29, 2000 - PEOPLE OF THE PHIL. v. RONALDO PONCE

  • G.R. No. 129507 September 29, 2000 - CHAN SUI BI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130785 September 29, 2000 - PEOPLE OF THE PHILS. v. RONALD VITAL

  • G.R. No. 131492 September 29, 2000 - ROGER POSADAS, ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 131813 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIO ABENDAN

  • G.R. No. 133443 September 29, 2000 - PEOPLE OF THE PHIL. v. DOMINADOR DE LA ROSA, ET AL.

  • G.R. No. 134100 September 29, 2000 - PURITA ALIPIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135382 September 29, 2000 - PEOPLE OF THE PHIL. v. LOURDES GAMBOA

  • G.R. No. 135457 September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.

  • G.R. No. 135548 September 29, 2000 - FAR EAST BANK AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 135981 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIVIC GENOSA

  • G.R. Nos. 137379-81 September 29, 2000 - PEOPLE OF THE PHILS. v. ARTURO GARCIA

  • G.R. No. 139910 September 29, 2000 - PHILIPPINE COCONUT AUTHORITY v. CORONA INTERNATIONAL

  • G.R. No. 141060 September 29, 2000 - PILIPINAS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 141959 September 29, 2000 - JUANITA NARZOLES, ET AL. v. NLRC, ET AL.

  •  





     
     

    G.R. No. 141787   September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 141787. September 18, 2000.]

    MANUEL H. AFIADO, JASMINIO B. QUEMADO, JR. and GLESIE L. TANGONAN, Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), Respondent.

    D E C I S I O N


    DE LEON, JR., J.:


    Before us is a Petition for Mandamus with Prayer for Preliminary Mandatory Injunction praying for the early resolution of the petition for the "recall" of former Vice-Mayor Amelita S. Navarro (currently the Mayor) of Santiago City, which was filed with respondent Commission on Elections (COMELEC).chanrob1es virtua1 1aw 1ibrary

    The facts are as follows:chanrob1es virtual 1aw library

    During the May 11, 1998 elections in Santiago City, Joel Miranda became the substitute candidate for his father, Jose "Pempe" Miranda, for the position of Mayor. When the ballots were counted, Joel emerged as the winner over his opponent Antonio Abaya and he was later proclaimed Amelita S. Navarro also won and was proclaimed as the Vice-Mayor of Santiago City.

    On May 13, 1998, the defeated candidate, Antonio Abaya, filed before the COMELEC against Joel Miranda a Petition to Declare Null and Void Substitution with Prayer for Issuance of Writ of Preliminary Injunction and/or Temporary Restraining Order, docketed as SPA No. 98-288, which was later amended. The amended petition sought the declaration of the certificate of candidacy of Jose Miranda, the father of Joel, as null and void.

    The petition, as amended, was granted by the COMELEC en banc, and consequently the election and proclamation of Joel Miranda as Mayor of Santiago City was annulled. This ruling was affirmed by the Supreme Court in a Decision promulgated on July 28, 1999 in G.R. No. 136531, entitled "Joel Miranda v. Antonio Abaya and COMELEC." In that decision, we ruled that since the certificate of candidacy of Jose Miranda was not valid, he could not be validly substituted by his son, Joel Miranda, as a mayoralty candidate in Santiago City. Hence, Joel Miranda could not be validly proclaimed as the winner in the mayoralty elections. Vice-Mayor Amelita S. Navarro thus became the new Mayor of Santiago City by virtue of the law on succession. 1 Joel Miranda filed a motion for reconsideration but this was denied with finality by the Supreme Court in a Resolution dated September 28, 1999.

    Navarro took her oath of office and assumed her position as Mayor of Santiago City on October 11, 1999.

    Meanwhile, on July 12, 1999, while the said G.R. No. 136531 was still pending in the Supreme Court, petitioners Manuel H. Afiado, Jasminio B. Quemado and Glesie L. Tangonan convened the barangay officials of Santiago City who compose the Preparatory Recall Assembly (PRA) at the Santiago City People’s Coliseum after giving them due notice. On the same date, July 12, 1999, the PRA passed and adopted Preparatory Recall Assembly Resolution No. 1 for the recall of Vice-Mayor Amelita S Navarro. The pertinent portions of the said Resolution No. 1 read as follows:chanrob1es virtua1 1aw 1ibrary

    ASSEMBLY RESOLUTION NO. 1

    RESOLUTION OF THE PREPARATORY RECALL ASSEMBLY OF THE BARANGAY OFFICIALS OF SANTIAGO CITY FOR THE RECALL OF THE INCUMBENT VICE-MAYOR OF SANTIAGO CITY

    x       x       x


    WHEREAS, during the Preparatory Recall Assembly the official acts of City Vice-Mayor Navarro that brought forth the loss of confidence in her capacity and fitness, to discharge the duties and to perform the functions of his public office were recounted for the contemplation and evaluation of the members present, to wit:chanrob1es virtual 1aw library

    1. Her lack of respect and due regard for superior authority. . .

    2. Her greed for political power which worked against public interest and the general welfare . . .

    3. Her lack of regard for public officials, subordinates and lowly employees, which is conduct unbecoming of a public official and speaks of her unprofessionalism . . .

    4. Her constant insistence to usurp the powers or authority vested upon other public officials . . .

    5. Her application of delaying tactics in the SP actions on the City Government’s annual budget . . .

    6. Her disregard of parliamentary rules by imposing her unsolicited and unnecessary opinion unto the city councilors . . .

    7. Because of her preoccupation towards matters other than those of public concerns, substantial part of the legislative tasks of the Sangguniang Panlungsod brought to it for action have remained unacted unfinished (sic);chanrob1es virtua1 1aw 1ibrary

    8. Her alleged malfeasance of corruption while she was still the City Mayor in acting capacity, specifically her direct hand in the anomalous acquisition of six dump trucks, a request for investigation for (sic) which is pending at the Office of the Ombudsman;

    9. Her antagonistic attitude towards development concerns. . .

    WHEREAS, on accounts of the documented facts and stated hereinabove the members of the Preparatory Recall Assembly present have lost, after due thought their confidence upon the incumbent City Vice Mayor Amelita S. Navarro.

    NOW WHEREFORE, upon a motion duly seconded, be it —

    RESOLVED, as it is hereby RESOLVED to INVOKE THE RESCISSION OF THE ELECTORAL MANDATE OF THE INCUMBENT CITY VICE-MAYOR AMELITA S. NAVARRO for LOSS OF CONFIDENCE through a recall election to be set by the COMMISSION ON ELECTION as provided for under Section 71 of the Local Government Code of 1991;

    x       x       x


    APPROVED by the majority of the members of the Preparatory Recall Assembly held on July 12, 1999 at the People’s Coliseum, Santiago City, Isabela. 2

    According to the petitioners, PRA Resolution No. 1 together with all the reglementary requirements, has been forwarded and submitted to the office of respondent COMELEC at Santiago City and later to its Head Office in Manila through the Provincial Elections Office and Regional Elections Office.

    On September 9, 1999, while the subject Preparatory Recall Resolution No. 1 was under evaluation in the COMELEC’s Head Office, then Vice-Mayor Amelita S. Navarro filed a petition, docketed as EM No. 99-006, with the COMELEC which sought the nullification of the said PRA Resolution No. 1. In Navarro’s petition, the herein petitioners Afiado, Quemado and Tangonan (as officers of the Preparatory Recall Assembly of Santiago City) were impleaded as the respondents therein.chanrob1es virtua1 1aw 1ibrary

    Hearings in EM No. 99-006 were then conducted at the COMELEC’s head office. After the deadline for the submission of memoranda on December 1, 1999, herein petitioners as the respondents in that case, alleged that they were not informed nor were they aware of further developments. This prompted them to file on December 27, 1999 an Urgent Motion for the Early Resolution of the Petition (EM No. 99-006) According to the herein petitioners, the act of herein respondent COMELEC in not deciding the said petition violates Rule 18, Section 7 of the 1993 COMELEC Rules of Procedure which provides that:chanrob1es virtual 1aw library

    Sec. 7. Period to Decide by the Commission En Banc. — Any case or matter submitted to or heard by the Commission en banc shall be decided within thirty (30) days from the date it is deemed submitted for decision or resolution, except a motion for reconsideration of a decision or resolution of a Division in Special Actions and Special cases which shall be decided within fifteen (15) days from the date the case or matter is deemed submitted for decision, unless otherwise provided by law.chanrob1es virtua1 1aw 1ibrary

    The herein petitioners allege that the act of respondent COMELEC in not resolving the petition, EM No. 99-006, within the reglementary period constitutes neglect in the performance of its duties and responsibilities; and that the alleged inaction of respondent COMELEC will render the said case and/or PRA Resolution No. 1 moot and academic inasmuch as recall elections cannot be undertaken anymore come June 30, 2000 pursuant to Section 74 of the 1991 Local Government Code, which provides that:chanrob1es virtual 1aw library

    Sec. 74. Limitation on Recall. —

    (a) any elective local official may be the subject of a recall election only once during his term of office for loss of confidence.

    (b) No recall shall take place within one (1) year from the date of the official’s assumption to office or one (1) year immediately preceding a regular local election. 3

    Finally, on February 18, 2000, sensing the urgency of the situation since PRA Resolution No. 1 was not yet acted upon by the COMELEC, the herein petitioners filed the present petition for mandamus to compel respondent COMELEC to resolve and deny immediately Navarro’s petition, docketed therein as EM No. 99-006, and in effect to give due course to and implement the said PRA Resolution.

    The corollary issue in the case at bench is whether or not an elective official who became City Mayor by legal succession can be the subject of a recall election by virtue of a Preparatory Recall Assembly Resolution which was passed or adopted when the said elective official was still the Vice-Mayor.

    We deny the petition.

    On March 31, 2000 respondent COMELEC issued and promulgated in EM No. 99-006 a Resolution 4 which denied due course to the subject PRA Resolution No. 1. This development therefore rendered the present petition for mandamus moot and academic. The record shows that herein petitioners’ counsel of record was furnished copies of the COMELEC’s Resolution dated March 31, 2000 by registered mail on April 1, 2000.

    Anent the corollary issue as to whether or not Mayor Navarro can be the subject of recall election by virtue of Resolution No. 1 of the Preparatory Recall Assembly which was passed when she was still the elected City Vice-Mayor, the same has become moot and academic. We quote below the pertinent portion of the COMELEC’s Resolution dated March 31, 2000 in EM No. 99- 006 and to which we agree, to wit:chanrob1es virtual 1aw library

    The assumption by legal succession of the petitioner as the new Mayor of Santiago City is a supervening event which rendered the recall proceeding against her moot and academic. A perusal of the said Resolution reveals that the person subject of the recall process is a specific elective official in relation to her specific office. The said resolution is replete with statements, which leave no doubt that the purpose of the assembly was to recall petitioner as Vice Mayor for her official acts as Vice Mayor. The title itself suggests that the recall is intended for the incumbent Vice Mayor of Santiago City. The third paragraph of the resolution recounted "the official acts of City Vice Mayor Navarro that brought forth the loss of confidence in her capacity and fitness to discharge the duties and to perform the functions of her public office." And because of such acts, the assembly "RESOLVED to invoke the rescission of the electoral mandate of the incumbent City Vice Mayor." Clearly, the intent of the PRA as expressed in the said Resolution is to remove the petitioner as Vice Mayor for they already lost their confidence in her by reason of her official. acts as such. To recall, then, the petitioner when she is already the incumbent City Mayor is to deviate from the expressed will of the PRA. Having, thus, succeeded to the position of City Mayor, the petitioner was placed beyond the reach of the effects of the PRA Resolution. 5chanrob1es virtua1 1aw 1ibrary

    The specific purpose of the Preparatory Recall Assembly was to remove Amelita S. Navarro as the elected Vice-Mayor of Santiago City since PRA Resolution No. 1 dated July 12, 1999 expressly states that." . . it is hereby resolved to invoke the rescission of the electoral mandate of the incumbent City Vice-Mayor Amelita S. Navarro for loss of confidence through a recall election to be set by the Commission on Election as provided for under Section 71 of the Local Government Code of 1991." 6 However, the said PRA Resolution No. 1 is no longer applicable to her inasmuch as she has already vacated the office of Vice-Mayor on October 11, 1999 when she assumed the position of City Mayor of Santiago City.

    Even if the Preparatory Recall Assembly were to reconvene to adopt another resolution for the recall of Amelita Navarro, this time as Mayor of Santiago City, the same would still not prosper in view of Section 74 (b) of the Local Government Code of 1991 which provides that "No recall shall take place within one (1) year from the date of the official’s assumption of office or one (1) year immediately preceding a regular election." There is no more allowable time in the light of that law within which to hold recall elections for that purpose. The then Vice-Mayor Amelita S. Navarro assumed office as Mayor of Santiago City on October 11, 1999. One year after her assumption of office as Mayor will be October 11, 2000 which is already within the one (1) year prohibited period immediately preceding the next regular election in May 2001.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the petition for mandamus is hereby DISMISSED.

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Buena and Gonzaga-Reyes, JJ., concur.

    Pardo, J., took no part.

    Ynares-Santiago, J., is on leave.

    Endnotes:



    1. Miranda v. Abaya, 311 SCRA 617(1999).

    2. Rollo, pp. 11-14.

    3. Emphasis ours.

    4. Rollo, pp. 64-69.

    5. Rollo, pp. 67-68.

    6. Emphasis ours.

    G.R. No. 141787   September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC


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