Where certificate of candidacy is void ab unitio

Part 2.

WHERE CERTIFICATE OF CANDIDACY IS VOID AB INITIO AND WITHOUT LEGAL EFFECT, THE ELIGIBILE CANDIDATE WHO GARNERED THE HIGHEST NUMBER OF VOTES SHALL BE PROCLAIMED THE WINNER -

In the case of CASAN MACODE MAQUILING VS. COMMISSION ON ELECTIONS, ET. AL., G.R. No. 195649, April 16, 2013, it was held that with Arnado (winning candidate for mayor) being BARRED from even becoming a candidate, his CERTIFICATE OF CANDIDACY was thus rendered VOID FROM THE BEGINNING. It could NOT have produced any other LEGAL EFFECT. His proclamation was VOID ab initio.

To hold that such proclamation was valid would negate the prohibitory character of the DISQUALIFICATION which Arnado possessed EVEN PRIOR TO THE FILING OF THE CERTIFICATE OF CANDIDACY. The affirmation of Arnado's DISQUALIFICATION, although made long AFTER THE ELECTION, REACHED BACK TO THE FILING OF HIS CERTIFICATE OF CANDIDACY. Arnado was declared to be NOT A CANDIDATE AT ALL in the May 2010 elections.

Arnado being a NON-CANDIDATE, the VOTES cast in his favor SHOULD NOT HAVE BEEN COUNTED. This left MAQUILING as the QUALIFIED CANDIDATE WHO OBTAINED THE HIGHEST NUMBER OF VOTES.

Therefore, the RULE ON SUCCESSION under the LOCAL GOVERNMENT CODE WILL NOT APPLY.

Source:

https://lawphil.net/judjuris/juri2013/apr2013/gr_195649_2013.html#rnt45