G.R. No. 112283 – 236 SCRA 60 – Political Law – Law on Public Officers – Public Office is Personal to the Incumbent
Election Law – Claim for damages in an election case does not survive the death of the party claiming damages
In 1992, Rosauro Radovan was declared the winner of the mayoralty elections in Pagbilao, Quezon. His rival, Evelyn Abeja, filed an election protest where she questioned the results in 22 precincts. Radovan filed a counter protest where he questioned the results in 36 precincts with counterclaim for damages. Abeja then caused the revision of the ballots covering the 22 precincts and paid the expenses therefor. Abeja then urged Radovan to cause the revision of the 36 precincts he is questioning. Radovan however refused and so Abeja filed a motion that a judgment be rendered based on the results from the 22 precincts. The original judge did not rule on the motion before he was transferred. Before the judge could be replaced, Radovan died. Radovan was then substituted by the vice mayor (Conrado de Rama) and Radovan’s wife, Ediltrudes. Ediltrudes substituted his deceased husband insofar as the latter’s counterclaim for damages is concerned.
In 1993, the new judge, Federico Tañada ruled that Abeja’s motion is premature because the 36 precincts are not yet revised. Tañada agreed with Radovan that the 36 precincts may only be revised if Abeja can show that she (Abeja) leads by at least one point vote over Radovan.
ISSUE: Whether or not the judge is correct.
HELD: No. There is no rule in election protests cases which states that a protestant (Abeja) must first show that she won in the precincts she is contesting before evidence on the protestee’s (Radovan) counter-protest can be had. This will render the protestant’s case to be at the mercy of the protestee who can just prolong the case until his term is over.
Also, the Supreme Court ruled that the substitution of Ediltrudes for her deceased husband is erroneous. This is notwithstanding the counter-claim for damages in the counter protest. Public office is personal to the incumbent and is not a property which passes to his heirs. The heirs may no longer prosecute the deceased protestee’s counter-claim for damages against the protestant for that was extinguished when death terminated his right to occupy the contested office.
