Victoria vs. COMELEC

The ranking of Sanggunian members for purposes of succession under Section 44 of the Local Government Code is determined by the proportion of votes obtained by each winning candidate to the total number of registered voters in each district, not to the number of voters who actually voted. Where the statute's language is clear and unambiguous, courts must apply it literally without attempted interpretation.

The Sangguniang Panlalawigan of the Province of Albay consists of elected members from its first, second, and third districts. Under Section 44 of the Local Government Code, when a permanent vacancy occurs in the office of the vice-governor, the highest-ranking Sanggunian member succeeds to that office, with ranking determined by a statutory formula based on electoral performance relative to district voter registration. The COMELEC is tasked with certifying the ranking of Sanggunian members to implement this succession rule.

In the May 11, 1992 elections, members of the Sangguniang Panlalawigan of the Province of Albay were elected from the first, second, and third districts. In the first district, Jesus James Calisin topped the poll with 28,335 votes, followed by Vicente Go, Sr. with 17,937 votes and Clenio Cabredo with 16,705 votes. In the second district, petitioner Juan D. Victoria received the highest number of votes at 32,918, with Jesus Marcellana at 26,030 and Lorenzo Reyeg at 23,887. In the third district, Ramon Fernandez, Jr. led with 19,315 votes, followed by Masikap Fontanilla with 19,241, Arturo Osia with 17,778, and Nemesio Baclao with 17,545.

Governor Romeo Salalima of Albay was subsequently suspended, causing Vice-Governor Danilo Azana to automatically assume the powers and functions of the governor. This left the vice-governorship vacant, and under the Local Government Code the position was to be filled by the highest-ranking Sanggunian member. Both petitioner Victoria and private respondent Calisin claimed to be the highest-ranking member, precipitating a dispute over the proper method of ranking.

Private respondent Calisin filed a petition before the COMELEC seeking a declaration that he was the senior Sanggunian member. The COMELEC, by resolution dated January 22, 1993, certified Calisin as first in the order of ranking and Victoria as second, computing the ranking on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district. Under this formula, Calisin obtained 21.78% of registered voters in the first district (28,335 votes out of 130,085 registered voters), while Victoria obtained 21.19% in the second district (32,918 votes out of 155,318 registered voters). Pursuant to the COMELEC certification, the DILG Secretary designated Calisin as acting Vice-Governor on February 15, 1993. Victoria's motion for reconsideration was denied by the COMELEC on February 22, 1993, giving rise to the present petition.

• Proper Ranking Formula: Petitioner argued that the ranking of Sanggunian members should be based not only 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. He contended that a district with a large number of registered voters but low turnout would disadvantage its winning candidate under the COMELEC formula, while a district with fewer registered voters but higher turnout would produce a candidate with a higher percentage. Under his proposed formula — dividing votes obtained by the number of voters who actually voted — petitioner would obtain 25.84% (32,918 out of 121,423 actual voters), surpassing private respondent's 23.40% (28,335 out of 107,216 actual voters), making him the highest-ranking Sanggunian member.

• Statutory Interpretation of Ranking Formula: Whether the COMELEC committed grave abuse of discretion in ranking Sanggunian members based on the proportion of votes obtained to the total number of registered voters in each district, as opposed to the proportion of votes obtained to the number of voters who actually voted.

• Statutory Interpretation of Ranking Formula: No. The COMELEC correctly applied Section 44 of the Local Government Code, which expressly provides that ranking 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." The statute's plain language admits no other interpretation.

• Statutory Interpretation of Ranking Formula: Section 44 of the Local Government Code explicitly defines the ranking formula: the proportion of votes obtained by each winning candidate to the total number of registered voters in each district. The statutory text is clear, plain, and free from ambiguity. Under the principle of verba legis, when a statute is clear it must be given its literal meaning and applied without attempted interpretation. The legislature is presumed to know the meaning of the words it employs and to have used them advisedly; courts may not speculate as to probable legislative intent apart from the words actually used. Petitioner's proposed formula — substituting actual voter turnout for total registered voters — departs from the statute's express language and constitutes an attempt to reformulate what the legislature has plainly decreed. Any correction or adjustment to the statutory formula is properly addressed to the legislative branch, not to the judiciary, which has no power to change the law. Accordingly, the COMELEC's application of the statutory formula did not constitute grave abuse of discretion.

• Verba Legis — When the language of a statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This plain-meaning rule, derived from the maxim index animi sermo est (speech is the index of intention), rests on the presumption that the words employed by the legislature correctly express its intent and preclude courts from construing it differently. The principle verba legis non est recedendum — from the words of a statute there should be no departure — was applied to reject petitioner's alternative ranking formula, the Court holding that the statute's express reference to "total number of registered voters" left no room for substitution with actual voter turnout.

• "The law is clear that the ranking in the Sanggunian shall be determined on the basis of the proportion of the votes obtained by each winning candidate of the total number of registered voters who actually voted. In such a case, the Court has no recourse but to merely apply the law." — This passage states the ratio decidendi: the statute's clarity forecloses judicial reinterpretation, requiring straightforward application of the statutory text.

• "Under the principles of statutory construction, if a statue is clear, plain and free from ambiguity, it must be given it literal meaning and applied without attempted interpretation." — This formulation of the verba legis doctrine, quoted from Globe-Mackay Cable and Radio Corporation vs. National Labor Relations Commission, articulates the canonical rule that governed the Court's refusal to adopt petitioner's alternative formula.

• "Petitioner's contention is therefore untenable considering the clear mandate of the law, which leaves no room for other interpretation but it must very well be addressed to the legislative branch and not to this Court which has no power to change the law." — This passage delineates the boundary between judicial application and legislative reform, emphasizing that policy objections to a clear statute must be directed to Congress.

• Pascual vs. Pascual-Bautista, 207 SCRA 561 (1992) — Cited for the proposition that courts may not speculate as to the probable intent of the legislature apart from the words of the statute, reinforcing the verba legis principle applied in this case.
• Globe-Mackay Cable and Radio Corporation vs. National Labor Relations Commission, 206 SCRA 710 (1992) — Cited as the source of the quoted formulation of the plain-meaning rule: if a statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.

• Section 44, Local Government Code (Republic Act No. 7160) — Governs permanent vacancies in the offices of governor, vice-governor, mayor, and vice-mayor, providing that the highest-ranking Sanggunian member shall succeed to the vice-governorship. It expressly defines ranking as 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 immediately preceding local election." The Court applied this provision literally to uphold the COMELEC's certification of private respondent as the highest-ranking Sanggunian member.

Narvasa, C.J., Cruz, Feliciano, Padilla, Bidin, Regalado, Davide, Jr., Romero, Nocon, Bellosillo, Melo, Puno, and Vitug, JJ., concurred.