FACTS:

Petitioner Joseph C. Dimapilis was elected as Punong Barangay of Barangay Pulung Maragul in the October 2010 Barangay Elections. He ran for re-election in the 2013 Barangay Elections and filed his Certificate of Candidacy (CoC) on October 11, 2013. However, the Commission on Elections (COMELEC) Law Department filed a Petition for Disqualification against him, claiming that he was disqualified for running due to the accessory penalty of perpetual disqualification to hold public office. The penalty was imposed as a consequence of his dismissal from service as then Kagawad of Barangay Pulung Maragul, after being found guilty of the administrative offense of Grave Misconduct. Petitioner argued that the petition should be dismissed because it combined two separate actions - disqualification and the cancellation of CoC. He also cited a Regional Trial Court (RTC) resolution which had permanently enjoined the implementation of the dismissal decision, based on the condonation doctrine. The COMELEC Second Division canceled petitioner's CoC, annulled his proclamation, and directed the Barangay Board of Canvassers to proclaim the qualified candidate with the highest number of votes. Petitioner's motion for reconsideration was denied by the COMELEC En Banc.

ISSUES:

1. Whether or not the Commission on Elections (COMELEC) gravely abused its discretion in canceling petitioner's Certificate of Candidacy (CoC).

2. Whether petitioner's perpetual disqualification to hold public office is a material fact involving eligibility.

3. Whether the COMELEC has the duty to motu proprio bar from running for public office those suffering from perpetual disqualification to hold public office.

4. Whether or not the petitioner was denied due process.

5. Whether or not the petitioner's re-election as Punong Barangay can operate as a condonation of his alleged misconduct.

6. Whether the cancellation of the certificate of candidacy (CoC) of petitioner renders him a non-candidate in the 2013 Barangay Elections.

7. Whether the votes cast for petitioner should be considered stray votes.

8. Whether the eligible candidate who received the highest number of valid votes should be proclaimed as the winner.

9. Whether the ineligible candidate who was already proclaimed and assumed office is a de facto officer.

RULING:

1. The petitioner's perpetual disqualification to hold public office is a material fact involving eligibility. As such, the petitioner's certificate of candidacy (CoC) is void from the start since he was not eligible to run for any public office at the time he filed it.

2. The COMELEC has the duty to motu proprio bar from running for public office those suffering from perpetual disqualification to hold public office. The COMELEC's duty to enforce and administer all laws and regulations relative to the conduct of an election includes the cancellation of the CoC of anyone suffering from perpetual disqualification to hold public office, as affirmed by a final judgment of conviction.

3. The Court finds that the petitioner was not denied due process as he was given the opportunity to submit his answer and memorandum to explain his side and file a motion for reconsideration.

4. The Court abandoned the condonation doctrine in Carpio Morales case, ruling that re-election does not operate as a condonation of administrative offenses committed during a prior term. The Court clarified that the condonation doctrine was applicable only before the enactment of the Local Government Code and that the disqualification from running for any elective local position due to removal from office as a result of an administrative case was not provided for. Therefore, the petitioner's re-election cannot operate as a condonation of his alleged misconduct.

5. Yes, the cancellation of petitioner's CoC renders him a non-candidate because his CoC is considered void ab initio, and therefore, cannot give rise to a valid candidacy.

6. Yes, the votes cast for petitioner are considered stray votes. The cancellation of the CoC essentially invalidates his proclamation and entitles the qualified candidate who received the highest number of valid votes to the position.

7. Yes, the qualified candidate who received the highest number of valid votes should be proclaimed as the winner.

8. Yes, the ineligible candidate who was already proclaimed and assumed office is a de facto officer by virtue of his ineligibility. The de jure officer, the rightful winner in the elections, has the legal right to assume the position.

PRINCIPLES:

• Eligibility for public office requires not only possessing the required qualifications but also not having any grounds for disqualification.

• The COMELEC has the duty to cancel the CoC of anyone suffering from perpetual disqualification to hold public office, even without a petition, as the final judgment of conviction is notice to the COMELEC of the disqualification of the convict from running for public office.

• The denial of due course to and/or cancellation of a CoC on the grounds of false material representation may be commenced through a petition under Section 12 or 78 of the Omnibus Election Code, or Section 40 of the Local Government Code. The choice of remedy belongs to the petitioner.

• Denial of due process requires lack of opportunity to be heard and present evidence.

• Re-election does not operate as a condonation of administrative offenses committed during a prior term.

• The condonation doctrine was abandoned and is not applicable anymore after the enactment of the Local Government Code, which provides for disqualification from running for elective local positions due to removal from office as a result of an administrative case.

• When a disqualified candidate is declared the winner but subsequently disqualified based on a substantive ground that existed prior to the filing of the CoC, the victory is voided and the next qualified candidate is awarded the position.

• An ineligible candidate who was already proclaimed and assumed office is a de facto officer, but the rightful winner in the elections, who does not possess any disqualifications, has the legal right to assume the position.