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Under section 77 of the Election Code, ["Sec. 77. Candidates in case of death, disqualification or withdrawal. - If after the last day for the filing of certificate of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is DISQUALIFIED for any cause, only a person belonging to, and certified by, the same political party may file his certificate of candidacy to replace the candidate who died, withdrew or was DISQUALIFIED. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of election. If the death, withdrawal, or disqualification should occur between the day before election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission."] there are only three instances in which a candidate may be "substituted" and these are: "death, withdrawal or disqualification" of such candidate. Inasmuch as the Certificate of Candidacy of petitioner's father, Jose "Pempe" Miranda, was merely "cancelled," he could not legally be substituted by reason of the rule on statutory construction, expressio unius est exlusio alterius. " A person without a valid certificate of candidacy cannot be considered a candidate in much the same was any person who has not filed any certificate of candidacy at all cannot, by any stretch of imagination, be a candidate at all," the Court intoned. The invalidation of petitioner's victory did not result in the victory of private respondent. Citing Nolasco v. COMELEC, 275 [SCRA 763, July 21, 1997] the Court said that Abaya could not be proclaimed winner because he lost the election; he obtained only the second highest number of votes. Applying section 44 of the Local Government Code (RA 7160), [Sec. 44. Permanent Vacancies in the Offices of the Governor, Vice Governor, Mayor and Vice Mayor. - (a) If a permanent vacancy occurs in the office of the governor, or mayor, the vice governor and vice mayor concerned shall become the governor or mayor. If a permanent vacancy occurs in the offices of the governor, vice governor, mayor, or vice mayor, the highest ranking sanggunian member or, in case of his permanent disability, the second highest ranking sanggunian member, shall become governor, vice governor, mayor, or vice mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.] the Court concluded that the vice should be installed as mayor, because of a permanent vacancy in the office of the mayor. Justice Jose A.R.
Melo, G.R. No. 136351, July 28, 1999
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CCHOPE ELECTION
2001 
