LINGATING V COMELEC Feb 1992 (before LGC): Sulong, during his first term of mayor, was administratively charged

for dishonesty, falsification and malversation. The complainant was Lingating. The Sangguniang Panlalawigan found him guilty and ordered his removal. Sulong recieved a copy of the decision in Feb 17 and filed an mfR the next day. The SP required Lingating, the complainant, to comment on the MfR. Lingating failed to comment. From Feb 1992 to election day, then-vice mayor Imbing succeeded Sulong as mayor. However, Sulong was reelected in 1992 and again in 1998. 2001: Lingating, another mayoralty candidate for the 2001 elections, filed a disqualification case against Sulong pursuang to Section 40 LGC disqualifying those removed from office as result of an administrative case. - Sulong himself admitted the fact of his removal when Sulong brought charges against Imbing who allegedly usurped his power as mayor in 1992. - Lingating prayed that he be installed as mayor Sulong defense: SP decision disqualifying him never became final and executory because he filed an MfR. Submitted a certification from the Provincial Secretary stating that the decision never attained finality. Comelec 1st div: disqualified Comelec en banc: reversed. Not disqualified. The reelection of Sulong in 1992 and 1995 is tantamount to a condonation (Aguinaldo v Santos). Hence this petition Lingating contentions: - cites Reyes v COMELEC: an officer who is removed before expiration of term is disqualified. WON Sulong is disqualified from running. NO. Reyes v COMELEC n/a The 1992 decision of the SP in this case never become final and executory. Sulong timely filed an MfR. the SP required complainant Lingating to comment however he failed to comment, neither has the SP resolved the MfR filed by Sulong. This filing of and MfR prevented the decision of the SP from becoming final. Hence, Sulong was never found guilty of the charges against him. Succession of then vice-mayor not proof of finality of decision - the succession was made pursuant to sec68 LGC which makes decicions in admin cases immediately executory. DISMISSED