disqualified is now settled (Frivaldo v. COMELEC, 174 SCRA 245
[1989]; Labo, Jr. v. COMELEC, 176 SCRA 1 [1989]; Abella v.
COMELEC, 201 SCRA 253 [1991]; Labo, Jr. v. COMELEC, 211 SCRA
297 [1992]; Benito v. COMELEC, 235 SCRA 436 [1994]). The
doctrinal instability caused by see-sawing rulings (Compare Topacio v.
Paredes, 23 Phil. 238 [1912] with Ticson v. COMELEC, 103 SCRA
687 [1981]; Geronimo v. Ramos, 136 SCRA 435 [1985] with Santos v.
COMELEC, 137 SCRA 740 [1985]) has since been removed. In the
latest ruling (Aquino v. COMELEC, G.R. No. 120265, September 18,
1995) on the question, this Court said:
To simplistically assume that the second placer would have received
the other votes would be to substitute our judgment for the mind of the
voter. The second placer is just that, a second placer. He lost the
elections. He was repudiated by either a majority or plurality of
voters. He could not be considered the first among qualified
candidates because in a field which excludes the disqualified
candidate, the conditions would have substantially changed. We are
not prepared to extrapolate the results under the circumstances.
Private respondent claims that there are compelling reasons to
depart from this doctrine. He argues that since the disqualification
case filed against the petitioner for the 1995 elections has been
rendered moot and academic, it is with the 1998 elections that its
impact must be felt. He also claims that justice should be given him as
victim of petitioners dilatory tactics.
We are not persuaded. On the other hand, the fact that despite the
disqualification case filed against petitioner relating to the 1995
elections, he still won the mandate of the people for the 1998
elections, leads us to believe that the electorate truly chose petitioner
and repudiated private respondent. To allow private respondent, a
defeated and repudiated candidate, to take over the mayoralty despite
his rejection by the electorate is to disenfranchise the electorate
without any fault on their part and to undermine the importance and
meaning of democracy and the peoples right to elect officials of their
choice.[29]