Monroy v. CA G.R. No. L-23258 July 1, 1967 Bengzon, J.P., J.
FACTS: Roberto Monroy was the incumbent Mayor of Navotas, Rizal, when on September 15, 1961, 1961, his certif certifica icate te of candid candidacy acy as repres represent entati ative ve of the first first dis distri trict ct of Rizal Rizal in the forthcoming elections was filed with the Comelec. Three days later, or on September 18, 1961, Monroy filed a letter withdrawing said certificate of candidacy. The Comelec approved the withdrawal. But on September 21, 1961, Felipe del Rosario, then the vice-mayor of Navot Navotas as,, took took his oath of office office as munici municipa pall mayor mayor on the theory theory that that petiti petitione onerr had had forfeited the said office upon his filing of the certificate of candidacy in question. Did Monroy ceas cease e to be mayo mayorr of Navo Navota tas, s, Riza Rizal, l, afte afterr his his cert certif ific icat ate e of cand candid idac acy y was was file filed d on September 15, 1961? HELD: Yes. The withdrawal of his certificate of candidacy did not restore petitioner to his former position. Sec. 27 of the Rev. Election Code (which reads “Any elective provincial, munici municipa pall or city city offici official al runnin running g for an office office,, other other then then the one which which he is actual actually ly holding, shall be considered resigned from his office from the moment of the filing of his certificate of candidacy”) makes the forfeiture automatic and permanently effective upon the filing of the certificate of for another office. Only the moment and act of filing are considered. Once the certificate is filed, the seat is forfeited forever and nothing save a new election or appointment can restore the ousted official.
