GR L 2452; (August, 1949) (2) (Digest)
G.R. No. L-2452; August 30, 1949
LORENZO LLAMOSO, petitioner, vs. VICENTE FERRER and THE COURT OF APPEALS, respondents.
G.R. No. L-2470; August 30, 1949
VICENTE FERRER, petitioner-appellant, vs. LORENZO LLAMOSO and THE COURT OF APPEALS, respondents-appellees.
FACTS
Vicente Ferrer was proclaimed mayor-elect of Lumban, Laguna, after the 1947 elections, with a plurality of 363 votes over Lorenzo Llamoso. Llamoso filed a quo warranto proceeding, alleging Ferrer was disqualified due to lack of the required six months’ legal residence. The Court of First Instance of Laguna declared the position vacant, finding Ferrer ineligible. Both parties appealed to the Court of Appeals, which affirmed Ferrer’s ineligibility but did not declare Llamoso elected. Ferrer and Llamoso each filed petitions for certiorari to the Supreme Court: Ferrer contesting his disqualification, and Llamoso arguing he should be declared elected as the candidate with the next highest votes.
ISSUE
1. Whether Vicente Ferrer was disqualified from holding the office of mayor due to lack of legal residence.
2. Whether Lorenzo Llamoso, the candidate receiving the next highest number of votes, is entitled to be declared elected upon the disqualification of the winning candidate.
RULING
1. Yes, Ferrer was disqualified. The Supreme Court affirmed the findings of the lower courts that Ferrer lacked the six months’ residence requirement under the Revised Election Code, making him ineligible for the office.
2. No, Llamoso is not entitled to be declared elected. The Court held that when the winning candidate is disqualified, the candidate with the next highest number of votes does not automatically succeed to the office. The plurality of votes cast for an ineligible candidate is ineffective to elect anyone. The election is considered a nullity, resulting in a vacancy. The law on quo warranto (Section 173, Republic Act No. 180 ) does not provide for the proclamation of the contestant as winner. Thus, the position remains vacant. The decision of the Court of Appeals was affirmed.
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