before his term of office expires, he can no longer be removed if he is thereafter reelected for another term. 3. NO. As earlier decided by the Supreme Court, the candidate who obtains the second highest number of votes may not be proclaimed winner in case the winning candidate is disqualified. That would be disenfranchising the electorate without any fault on their part and to undermine the importance and meaning of democracy and the people’s right to elect officials of their choice. [G.R. No. 135716. September 23, 1999] FERDINAND TRINIDAD, petitioner, vs. COMMISSION ON ELECTIONS and MANUEL C. SUNGA, respondents. DECISION YNARES-SANTIAGO, J.: The instant Petition for Certiorari questions the June 22, 1998 Resolution[1] of the Commission on Elections (hereinafter referred to as COMELEC) in SPA No. 95-213, disqualifying petitioner as a candidate for Mayor of Iguig, Cagayan, in the May 8, 1995 elections. It also questions the October 13, 1998 COMELEC Resolution [2] which not only denied petitioners Motion for Reconsideration, but also annulled his proclamation as elected Mayor in the May 11, 1998 elections. This case has been filed before this Court when the Petition for Disqualification of private respondent (SPA No. 95-213) was dismissed by the COMELEC. Acting on the Petition for Certiorari of private respondent, this court, in Sunga v. Commission on Elections, [3] ordered the COMELEC to reinstate SPA No. 95-213 and act thereon. The facts of the case, as found in Sunga v. Commission on Elections, supra, are as follows: