mandate. This, despite the disqualification case filed against him by
private respondent.
This further lends support to our decision to bar his disqualification
insofar as the May 11, 1998 elections is concerned. Indeed, in election
cases, it is fundamental that the peoples will be at all times upheld. As
eloquently stressed in Frivaldo v. Commission on Elections[25]-This Court has time and again liberally and equitably construed the
electoral laws of our country to give fullest effect to the manifest will of
our people, for in case of doubt, political laws must be interpreted to
give life and spirit to the popular mandate freely expressed through
the ballot. Otherwise stated, legal niceties and technicalities cannot
stand in the way of the sovereign will. Consistently, we have held:
x x x (L)aws governing election contests must be liberally construed to
the end that the will of the people in the choice of public officials may
not be defeated by mere technical objections (Benito v. Commission
on Elections, 235 SCRA 436, 442 [August 17, 1994]).
Finally, we see no error in the COMELECs rejection of private
respondents move to be declared as Mayor on account of petitioners
disqualification. To begin with, the issue had been rendered moot and
academic by the expiration of petitioners challenged term of
office. Second, even in law and jurisprudence, private respondent
cannot claim any right to the office. As held by the COMELEC, the
succession to the office of the mayor shall be in accordance with the
provisions of the Local Government Code which, in turn, provides that
the vice mayor concerned shall become the mayor.[26] Also, in Nolasco
v. Commission on Elections,[27] citing Reyes v. Commission on
Elections,[28] we already rejected, once and for all, the position that the
candidate who obtains the second highest number of votes may be
proclaimed the winner in the event of disqualification or failure of the
candidate with the highest number of votes to hold office. This court
ratiocinated thus
That the candidate who obtains the second highest number of votes
may not be proclaimed winner in case the winning candidate is