(Local Government, Succession, Ranking in the Sanggunian)
Facts: Under the LGC, the position of vice-governor should be occupied by the highest ranking Sanggunian member, and for purposes of succession, ranking in the Sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district.
In the Elections, petitioner candidate Victoria from the 2nd district garnered 32, 918 votes and respondent candidate Calisin from the 1st district garnered 28, 335 votes.
The COMELEC issued a resolution certifying respondent as 1st in the order of ranking with petitioner as 2nd ranking member pursuant to the provisions above.
Petitioner claims that the ranking should not only be based on the number of votes obtained in relation to the total number of registered voters, but also on the number of voters in the district who actually voted therein.
Issue: Whether or not the proportion of the the votes obtained to the number of registered voters of each district shall be factored to the number of voters who actually voted in determining the ranking in the Sanggunian.
Held: No. The law is clear that the ranking in the Sangguninan shall be determined on the basis of the proportion of the votes obtained by each winning candidate to the total number of registered voters of each district.
COMELEC came up with the following ranking of the top 3:
District Registered Voters Votes Obtained Percent Rank
Calisin 1st 130,085 28,335 21.78 1st
Victoria 2nd 155.318 32,918 21.19 2nd
Marcellana 2nd 155.318 26,030 16.76 3rd