Election Law Cases Candidacy

8/9/2019 Election Law Cases Candidacy

http://slidepdf.com/reader/full/election-law-cases-candidacy 1/29

Republic of the Philippines

SUPREME COURTManila

SECOND DIVISION

G.R. No. 100947 May 31, 1993

PNOC ENERGY DEVELOPMENT CORPORATION and MARCELINO TONGCO, petitioners,

vs.

NATIONAL LAOR RELATIONS COMMISSION and MANUEL S. PINEDA, respondents.

Alikpala, Gomez & Associates Law Office for petitioners.

Filomeno A. Zieta for private respondent.

NARVASA, C.J.:

he applicabilit! to private respondent Manuel S. Pineda of Section "" of the Election Code is #hat is

chiefl! involved in the case at bar. Said section reads as follo#s$

Sec. "". Candidates holding appointive office or position.% &n! person holdin' a public appointive office

or position, includin' active (e(bers of the &r(ed )orces of the Philippines, and officers and e(plo!ees

in 'overn(ent*o#ned or controlled corporations, shall be considered ipso facto resi'ned fro( his office

upon the filin' of his certificate of candidac!.

Manuel S. Pineda #as e(plo!ed #ith the Philippine National Oil Co.*Ener'! Develop(ent Corp. +PNOC*

EDC, as subsidiar! of the Philippine National Oil Co., fro( Septe(ber -, -/0-, #hen he #as hired as

cler1, to 2anuar! 3", -/0/, #hen his e(plo!(ent #as ter(inated. he events leadin' to his dis(issal

fro( his 4ob are not disputed.

In Nove(ber, -/0, #hile holdin' the position of 5eother(al Construction Secretar!, En'ineerin' and

Construction Depart(ent, at on'onan 5eother(al Pro4ect, Or(oc Cit!, Pineda decided to run fo r

councilor of the Municipalit! of 6anan'a, 7e!te, in the local elections scheduled in 2anuar!, -/00, and

filed the correspondin' certificate of candidac! for the position. Ob4ection to Pineda8s bein' a candidate

#hile retainin' his 4ob in the PNOC*EDC #as shortl! thereafter re'istered b! Ma!or &rturo Corne4os of

6anan'a, 7e!te. he (a!or co((unicated #ith the PNOC*EDC % thru En'r. Ernesto Patanao, Resident

Mana'er, on'onan 5eother(al Pro4ect % to e9press the vie# that Pineda could not activel! participate

in politics unless he officiall! resi'ned fro( PNOC*EDC. 1 Nothin' see(s to have resulted fro( this

protest.

he local elections in 7e!te, scheduled for 2anuar!, -/00, #ere reset to and held on )ebruar! -, -/

Pineda #as a(on' the official candidates voted for, and eventuall! proclai(ed elected to, the office

councilor. So(e vacillation appears to have been evinced b! Pineda at about this ti(e. On )ebruar

-/00, he #rote to the COME7EC Chair(an, e9pressin' his desire to #ithdra# fro( the political con

account of #hat he considered to be election irre'ularities: ! and on March -/, -/00, he #rote to th

Secretar! of 2ustice see1in' le'al opinion on the ;uestion, a(on' others, of #hether or not he #as

<considered auto(aticall! resi'ned upon . . . filin' of . . . +his certificate of candidac!,< and #hetherin case he #as elected, he could <re(ain appointed to an! corporate offsprin' of a 'overn(ent*o#n

controlled corporation.< 3 Nevertheless, Pineda too1 his oath of office in 2une, -/00 as councilor*ele

the Municipalit! of 6anan'a, 7e!te. 4 &nd despite so ;ualif!in' as councilor, and assu(in' his dutie

such, he continued #or1in' for PNOC*EDC as the latter8s 5eother(al Construction Secretar!,

En'ineerin' and Construction Depart(ent, at on'onan 5eother(al Pro4ect, Or(oc Cit!.

On 2une , -/00, Marcelino M. on'co, Depart(ent Mana'er of the En'ineerin' and Construction

Depart(ent, PNOC*EDC, addressed an in;uir! to the latter8s 7e'al Depart(ent re'ardin' the statu

Manuel S. Pineda as e(plo!ee in vie# of his candidac! for the office of (unicipal councilor. " In res

the 7e'al Depart(ent rendered an opinion to the effect that Manuel S. Pineda should be considere

facto resi'ned upon the filin' of his Certificate of Candidac! in Nove(ber, -/0, in accordance #ith

Section "" of the O(nibus Election Code. #

Pineda appealed the PNOC*EDC 7e'al Depart(ent8s rulin' to N.C. Vas;ue=, the Vice*President of

PNOC*EDC, on 2ul! ->, -/00. In his letter of appea l, 7 he invo1ed a <court rulin' in the case of Caa

and onato vs. !"OC#$%ploration Corp. . . . +to the effect that #hile the 'overn(ent*o#ned or con

corporations are covered b! the Civil Service 7a# +as is ta1en to (ean in Sec. "" of the O(nibus E

Code of -/0? +sic , the subsidiaries or corporate offsprin's are not.< In the sa(e letter he declared

#ish to continue resi'n fro( his position as councilor@(e(ber of the San''unian' Aa!an.

Be also #rote a letter dated October -, -/00 to the Depart(ent of 7ocal 5overn(ent in;uirin' abou

status of his e(plo!(ent #ith PNOC*EDC in relation to his election as (e(ber of the San''unian'

Aa!an. Be #as advised b! D75 ndersecretar! 2acinto . Rubillo, 2r., b! letter dated March -, -/

that there #as no le'al i(pedi(ent to his continuin' in his e(plo!(ent #ith PNOC*EDC #hile hold

the sa(e ti(e the elective position of (unicipal councilor. Cited as basis b! ndersecretar! Rubillo

Section 3+- &rticle I*A of the -/0 Constitution and this Court8s rulin' in "A$CO vs. "L'C , -"0

-33. ndersecretar! Rubillo #ent on to sa! that Pineda could receive his per diems as (unicipal cas #ell as the correspondin' representation and transportation allo#ance FR&&G <provided the PN

EDC charter does not provide other#ise and public shall not be pre4udiced.< $

he PNOC*EDC did not, ho#ever, share the ndersecretar!8s vie#s. On 2anuar! 3", -/0/, the PN

EDC, throu'h Marcelino on'co +Mana'er, En'ineerin' and Construction Depart(ent, notified Ma

Pineda in #ritin' +- that after havin' 'iven hi( <a(ple ti(e< to (a1e so(e (a4or ad4ust(ents befo





had e9pressl! reco'ni=ed the applicabilit! of the 7abor Code to 'overn(ent*o#ned or controlled

corporations. !4

L*manta, et al . v . "L'C, et al ., !" decided on )ebruar! 0, -/0/, (ade the sa(e pronounce(ent$

that )*co had been superseded b! the -/0 Constitution for i(plicit in the lan'ua'e of Section 3 +-,

&rticle I thereof, is the proposition that 'overn(ent*o#ned or controlled corporations witho*t original

charter do not fall under the Civil Service 7a# but under the 7abor Code.

&nd in !"OC#$C v . Leogardo, etc ., et al ., !# pro(ul'ated on 2ul! ?, -/0/, this Court ruled that

confor(abl! #ith the apparent intend(ent of the "A$CO case, s*pra, since the PNOC*EDC, a

'overn(ent*o#ned or controlled co(pan! had been incorporated under the 'eneral Corporation 7a#, itse(plo!ees are sub4ect to the provisions of the 7abor Code.

It is thus clear that the )*co doctrine prevailin' at the ti(e of the effectivit! of the funda(ental charter in

-/0 % i.e., that 'overn(ent*o#ned or controlled corporations #ere part of the Civil Service and its

e(plo!ees sub4ect to Civil Service la#s and re'ulations, !7 re'ardless of the (anner of the (ode of their

or'ani=ation or incorporation % is no lon'er 'ood la#, bein' at <star1 variance,< to paraphrase "A$CO,

#ith the -/0 Constitution. In other #ords, and contrar! to the petitioner8s vie#, as of the effectivit! of the

-/0 Constitution, 'overn(ent*o#ned or controlled corporations #ithout ori'inal charters, or, as Mr.

2ustice Cru= insists in his concurrin' opinion in "A$CO v . "L'C

, !$ a le'islative charter +i.e., those

or'ani=ed under the Corporation Code, ceased to pertain to the Civil Service and its e(plo!ees could no

lon'er be considered as sub4ect to Civil Service 7a#s, rules or re'ulations.

he basic ;uestion is #hether an e(plo!ee in a 'overn(ent*o#ned or controlled corporations #ithout an

ori'inal charter +and therefore not covered b! Civil Service 7a# nevertheless falls #ithin the scope of

Section "" of the O(nibus Election Code, viz .$

Sec. "". Candidates holding appointive office or position.% &n! person holdin' a public appointive office

or position, includin' active (e(bers of the &r(ed )orces of the Philippines, and officers and e(plo!ees

in 'overn(ent*o#ned or controlled corporations, shall be considered ipso facto resi'ned fro( his office

upon the filin' of his certificate of candidac!.

hen the Con'ress of the Philippines revie#ed the O(nibus Election Code of -/0?, in connection #ith its

deliberations on and subse;uent enact(ent of related and repealin' le'islation % i.e., Republic &cts

Nu(bered -""$ <&n &ct Providin' for S!nchroni=ed National and 7ocal Elections and for Electoral

Refor(s, &uthori=in' &ppropriations herefor, and for Other Purposes< +effective Nove(ber 3", -//-,

"">"$ <&n &ct Introducin' &dditional Refor(s in the Electoral S!ste( and for Other Purposes< +effective

2anuar! ?, -/00 and """$ <&n &ct Resettin' the 7ocal Elections, etc., +effective Nove(ber ", -/0, it#as no doubt a#are that in li'ht of Section 3 +-, &rticle I of the -/0 Constitution$ +a 'overn(ent*

o#ned or controlled corporations #ere of t#o +3 cate'ories % those #ith ori'inal charters, and those

or'ani=ed under the 'eneral la# % and +b e(plo!ees of these corporations #ere of t#o +3 1inds %

those covered b! the Civil Service 7a#, rules and re'ulations because e(plo!ed in corporations havin'

ori'inal charters, and those not sub4ect to Civil Service 7a# but to the 7abor Code because e(plo!ed in

said corporations or'ani=ed under the 'eneral la#, or the Corporation Code. Jet Con'ress (ade no effort

to distin'uish bet#een these t#o classes of 'overn(ent*o#ned or controlled corporations or their

e(plo!ees in the O(nibus Election Code or subse;uent related statutes, particularl! as re'ards the

that an! e(plo!ee <in government#owned or controlled corporations, shall be considered ipso

facto resi'ned fro( his office upon the filin' of his certificate of candidac!.< !9

Ae this as it (a!, it see(s obvious to the Court that a 'overn(ent*o#ned or controlled corporation

not lose its character as such because not possessed of an ori'inal charter but or'ani=ed under th

'eneral la#. If a corporation8s capital stoc1 is o#ned b! the 5overn(ent, or it is operated and (ana

officers char'ed #ith the (ission of fulfillin' the public ob4ectives for #hich it has been or'ani=ed, it

'overn(ent*o#ned or controlled corporation even if or'ani=ed under the Corporation Code and not

a special statute: and e(plo!ees thereof, even if not covered b! the Civil Service but b! the 7abor Care nonetheless <emplo+ees in government#owned or controlled corporations,< and co(e #ithin the

of Section "" of the O(nibus Election Code, declarin' the( <ipso facto resi'ned fro( . . . office up

filin' of . . . +their certificate of candidac!.<

hat all this i(ports is that Section "" of the O(nibus Election Code applies to officers and e(plo!

'overn(ent*o#ned or controlled corporations, even those or'ani=ed under the 'eneral la#s on

incorporation and therefore not havin' an ori'inal or le'islative charter, and even if the! do not fall u

the Civil Service 7a# but under the 7abor Code. In other #ords, Section "" constitutes 4ust cause fo

ter(ination of e(plo!(ent in addition to those set forth in the 7abor Code, as a(ended.

he conclusions here reached (a1e unnecessar! discussion and resolution of the other issues rais

this case.

BERE)ORE, the petition is 5R&NED: the decision of public respondent National 7abor Relatio

Co((ission dated &pril 3>, -//- and its Resolution dated 2une 3-, -//- are N77I)IED &ND SE

&SIDE: and the co(plaint of Manuel S. Pineda is DISMISSED. No costs.

SO ORDERED.

Republic of the PhilippinesSUPREME COURT

Manila

EN A&NC



G.R. No. 147741 May 10, !001

REP. MA. CATALINA L. GO, petitioner,

vs.

COMMISSION ON ELECTIONS, %ELIPE V. MONTE&O and ARVIN V. ANTONI, respondents.

PARDO, J .'

he Case

In her petition for certiorari,- petitioner see1s to nullif! the resolution of the Co((ission on Elections

+COME7ECen /anc declarin' her dis;ualified to run for the office of 'overnor of 7e!te and (a!or of

Aa!ba!, 7e!te, because she filed certificates of candidac! for both positions and the #ithdra#al of her

certificate of candidac! for (a!or #as filed late b! ()*n(y *+-( (inutes fro( the deadline.

)orth#ith, #e issued an order 3 to (aintain the stat*s 0*o ante, in effect allo#in' petitioner8s certificate of

candidac! for 'overnor in the (eanti(e.

In its Co((ent, the COME7EC 4ustified its resolution on the 'round that petitioner8s affidavit of

#ithdra#al of her certificate of candidac! for (a!or of Aa!ba!, 7e!te #as ineffectual because it #as

sub(itted t#ent! ei'ht +30 (inutes late at the office of the (unicipal election officer at Aa!ba!. he

facsi(ile cop! thereof #as filed #ith said office at -3$30 a.(., - March 3HH-, and the ori'inal cop! thereof

#as actuall! received b! the office of the (unicipal election officer of Aa!ba! at -$-? p.(., the sa(e da!.

he provincial election supervisor of 7e!te, #ith office at acloban Cit!, to #ho( petitioner filed hercertificate of candidac! for 'overnor at --$> p.(., 30 )ebruar! 3HH-, refused to accept the affidavit of

#ithdra#al tendered si(ultaneousl! there#ith because, as he clai(ed, the affidavit (ust be filed #ith the

office of the (unicipal election officer of Aa!ba!, 7e!te #here petitioner filed certificate of candidac! for

(a!or.34wphi3.n5t

he )acts

Petitioner is the incu(bent representative of the )ifth District, province of 7e!te, #hose ter( of office #ill

e9pire at noon on H 2une 3HH-.

On 3 )ebruar! 3HH-, petitioner filed #ith the (unicipal election officer of the (unicipalit! of Aa!ba!,

7e!te, a certificate of candidac! for (a!or of Aa!ba!, 7e!te.

On 30 )ebruar! 3HH-, at --$> p.(., petitioner filed #ith the provincial election supervisor of 7e!te, #ith

office at acloban Cit!, another certificate of candidac! for 'overnor of the province of 7e!te.

Si(ultaneousl! there#ith, she atte(pted to file #ith the provincial election supervisor an affidavit of

#ithdra#al of her candidac! for (a!or of the (unicipalit! of Aa!ba!, 7e!te. Bio#ever, the provincial

election supervisor of 7e!te refused to accept the affidavit of #ithdra#al and su''ested that, pursuant to a

COME7EC resolution, she should file it #ith the (unicipal election officer of Aa!ba!, 7e!te #here s

her certificate of candidac! for (a!or.

&t that later hour, #ith onl! (inutes left to (idni'ht, the deadline for filin' certificates of candidac! o

#ithdra#al thereof, and considerin' that the travel ti(e fro( acloban to Aa!ba! #as t#o +3 hours

petitioner decided to send her affidavit of #ithdra#al b! fa9 > to her father at Aa!ba!, 7e!te and the l

sub(itted the sa(e to the office of the election officer of Aa!ba!, 7e!te at -3$30 a.(., H- March 3HH

the sa(e da!, at -$-? p.(., the election officer of Aa!ba! 7e!te, received the ori'inal of the affidavit

#ithdra#al."

On H? March 3HH- respondent Monte4o filed #ith the provincial election supervisor of 7e!te, at aclCit! a petition to den! due course and@or to cancel the certificates of candidac! of petitioner. Resp

&ntoni filed a si(ilar petitions, na(el!, that for (a!or of Aa!ba!, 7e!te, and that for 'overnor of 7e

thus, (a1in' her ineli'ible for both.34wphi3.n5t

On H" March 3HH-, &tt!. Manuel 7. Ville'as, the provincial election supervisor of 7e!te, b!

-st indorse(ent, referred the cases to the Co((ission on Election, Manila, 7a# Depart(ent, on the

'round that he #as inhibitin' hi(self due to his prior action of refusin' to receive the petitioner8s aff

of #ithdra#al tendered si(ultaneousl! #ith the filin' of the certificate of candidac! for 'overnor on 3

)ebruar! 3HH-./

In the (eanti(e, the 7a# Depart(ent, COME7EC, under Director 2ose P. Aalbuena, (ade a stud!

cases #ithout affordin' petitioner an opportunit! to be heard or to sub(it responsive pleadin's. On

&pril 3HH-, the! sub(itted a report and reco((endation to the COME7EC en /anc -H

he report and reco((endation reads$

<Sub(itted for due consideration is the petition filed b! &tt!. )elipe V. Monte4o and &tt!. &rvin V. &nt

March ?, 3HH-, before the Office of the Provincial Election Supervisor of 7e!te, see1in' to den! due

course and@or to cancel the certificate of candidac! of Catalina 7. 5o for 5overnor of 7e!te.

<Aoth petitions #hich are e9actl! #orded in the sa(e lan'ua'e alle'e, as follo#s$

<his petition is heretofore filed pursuant to the provisions of Rule 3 of the COME7EC R7ES O)

PROCEDRE and Section -?, as #ell, of RESO7ION NO. 3?*& of the COME7EC EN A&NC

pro(ul'ated on Nove(ber 3H, 3HHH. Ditto, this petition is filed #ithin the re'le(entar! period follo#

last da! for the filin' of certificates of candidac! on )ebruar! 30, 3HH-.

8Petitioner &tt!. )elipe V. Monte4o is of votin' a'e, )ilipino, la#!er b! profession, (arried, and a res

K?H 2uan 7una Street, acloban Cit!, of #hich localit! he is a re'istered voter.



8Respondent re. Catalina 7. 5o, on the other hand, is li1e#ise of le'al a'e, (arried, resident of Aa!ba!,

7e!te, of #hich localit! she is a re'istered voter, and the incu(bent Me(ber of the Bouse of

Representatives representin' the ?th Con'ressional District of 7e!te.

8Respondent C&&7IN& 7. 5O filed a certificate of candidac! for the office of Ma!or of the Municipalit! of

Aa!ba!, 7e!te on )ebruar! 3, 3HH-. ithout cancelin' or #ithdra#in' the said certificate of candidac!

this ti(e for the office of Provincial 5overnor of 7e!te on )ebruar! 30, 3HH-. Bo#ever, before the

e9piration of the period for the filin' of certificates of candidac!, respondent indubitabl! failed to declare

under oath the office for #hich she desires to be eli'ible and cancel the certificate of candidac! for the

other office.

8Veril!, at the ti(e respondent filed her certificate of candidac! for Provincial 5overnor, she 1ne# full! #ell

that she #as ineli'ible for the said office, havin' filed, a da! earlier, a certificate of candidac! for Ma!or of

Aa!ba!, 7e!te. Bence, respondent falsel! represented in her certificate of candidac! for provincial

5overnor, and under oath, that she is E7I5IA7E for the said office: a (aterial fact re;uired b! la# to be

s#orn to and contained in certificates of candidac!. In fine, respondent li1e#ise falsel! represented in her

certificates of candidac!, under oath, the she #ill OAEJ BE 7&S, ORDERS, DECRESS,

RESO7IONS &ND RE57&IONS PROM75&ED &ND ISSED AJ BE D7J CONSIED

&BORIIES: a (aterial fact re;uired b! la# to be s#orn to and contained in certificates of candidac!.8

<Petitioners8 'round to den! due course and@or to cancel the said certificate of candidac! is anchored on

Section of the O(nibus Election Code, ;uoted hereunder.

8No person shall be eli'ible for (ore than one office to be filed in the sa(e election, and if he files his

certificate of candidac! #ithin the period fi9ed herein.

8No person shall be eli'ible for (ore than one office to be filled in the sa(e election, and if he files his

certificate of candidac! for (ore than one office, he shall not be eli'ible for an! of the(. Bo#ever, before

the e9piration of the period for the filin' of certificates of candidac!, the person #ho has filed (ore than

one certificate of candidac! (a! declare under oath the office for #hich he desires to be eli'ible and

cancel the certificate of candidac! for the other office or offices.8

<In relation to Section +- +b of the Co(elec Resolution No. 3?*&, to #it$

8SECION -. Certificate of Candidac!. 999999 +b No person shall be eli'ible for (ore than one office to be

filed in the sa(e election. If he files a certificate of candidac! for (ore than one office he shall not be

eli'ible for either. Bo#ever, before the e9piration of the period for the filin' of certificate of candidac!, he

(a! declare under oath the office for #hich he desire to be eli'ible and cancel the certificate of candidac!for the office or offices.8

<Moreover, petitioners contended that C&&7IN& 7OPEL 7OREO*5o is ineli'ible to run either Ma!or of

Aa!ba!, 7e!te or 5overnor of 7e!te Province.

<Aased on the certified list of candidate for the provincial candidates of 7e!te on March , 3HH-, the

certificate of candidac! of Catalina 7ope= 7oreto*5o for the position of 5overnor of 7e!te #as filed

the Office of the Provincial Election Supervisor on )ebruar! 30, 3HH- at --$> p.(., the last da! for

certificates of candidac!.

<In support of the petitions of &tt!. Monte4o and &tt!. &ntoni, is a certified (achine cop! of the affida

#ithdra#al of Catalina 7. 7oreto*5o, #hich #as filed on (arch H-, 3HH- at the Office of the Election

Officer of Aa!ba!, 7e!te, #hich she filed on )ebruar! 30, 3HH-.

<he affidavit of #ithdra#al of Catalina 7oreto*5o, a portion of #hich reads$

<-. hat last )ebruar! 3, 3HH- I filed (! certificate of candidac! for (a!or for the MNICIP&7IJ

A&JA&J, 7EJE:

<3. hat due to political e9i'enc! and influence for( (! political leaders ur'in' (e to run for (a!or

Municipalit! of ba!ba!, le!te, I have no other recourse but to follo# desire of (! political constituen

<. hat therefore, I a( for(all! #ithdra#in' (! certificate of candidac! for Ma!or of the Municipali

Aa!ba!, le!te and in it stead I a( for(all! filin' (! certificate for 5overnor of 7e!te.

<& careful scrutin! and e9a(ination of Catalina 7oreto*5o certificate of candidac! for 5overnor of 7

Province althou'h filed on the last da! of )ebruar! 30, 3HH-, her affidavit of #ithdra#al for Ma!or of

Aa!ba!, 7e!te, #as filed onl! on March -, 3HH- or one +- da! after the )ebruar! 30, 3HH- deadline

other #ord, there are t#o +3 certificates of candidac! filed b! Catalina 7oreto*5o, one for 'overnor7e!te and the other for Ma!or of Aa!ba!, 7e!te.

<Clearl!, on March -, 3HH- #hen she filed her affidavit of #ithdra#al for Ma!or of ba!ba!, 7e!te, bo

certificates of candidac! for Ma!or of Aa!ba!, le!te and 5overnor of 7e!te #ere still subsistin' and

effective (a1in' her liable for filin' t#o certificates of candidac! on different elective positions, thus

renderin' her ineli'ible for both positions, in accordance #ith Section +- +b of Co(elec Resolution

3?*&.

<PREMISES CONSIDERED, the 7a# Depart(ent RECOMMENDS as follo#s$

<-. o 'ive due course to the petition of &tt!. )elipe V. Monte4o and &tt!. &rvin V. &ntonio a'ainst th

certificates of candidac! of Catalina 7oreto*5o for 5overnor of 7e!te: and

<3. o direct the Provincial Election Suprevisor of 7e!te and the Election Officer to delete@cancel th

of C&&7IN& 7OPEL 7OREO*5O fro( the certified list of candidates for 5overnor of 7e!te and

Ma!oralt! candidates of Aa!ba!, 7e!te, and to accordin'l! notif! the parties and the above*na(ed

Co(elec Officials.<--



On 3 &pril 3HH-, the COME7EC en /anc approved the reco((endation of the Director, 7a# Depart(ent

and adopted the resolution in ;uestion as set out in the openin' para'raph of this decision.-3

Bence, this petition.-

he Issues

&t the oral ar'u(ent on H Ma! 3HH-, at $HH p.(., #e defined the follo#in' issues to be addressed b!

the parties$

I. Is petitioner dis;ualified to be candidate for 'overnor of 7e!te and (a!or of Aa!ba!, 7e!te because she

filed certificates of candidac! for both positions

II. as there a valid #ithdra#al of the certificate of candidac! for (unicipal (a!or of Aa!ba!, 7e!te

+a Must the affidavit of #ithdra#al be filed #ith the election officer of the place #here the certificate of

candidac! #as filed

+b Ma! the affidavit of #ithdra#al be validl! filed b! fa9

III. as there denial to petitioner of procedural due process of la#

he Court8s Rulin'

e 'rant the petition. e annul the COME7EC resolution declarin' petitioner dis;ualified for both

positions of 'overnor of 7e!te and (a!or of the (unicipalit! of Aa!ba!, 7e!te. he filin' of the affidavit of

#ithdra#al #ith the election officer of Aa!ba!, 7e!te, at -3$30 a.(., - March 3HH- #as a substantial

co(pliance #ith the re;uire(ent of the la#.-> e hold that petitioner8s #ithdra#al of her certificate of

candidac! for (a!or of Aa!ba!, 7e!te #as effective for all le'al purposes, and left in full force her

certificate of candidac! for 'overnor.-?

Section , Aatas Pa(bansa Al'. 00-, other#ise 1no#n as the O(nibus Election Code, provides that$

<SEC. . Certificate of candidac+. * No person shall be eli'ible for an! elective pub lic office unless he

files a s#orn certificate of candidac! #ithin the period fi9ed herein.

<& person #ho has filed a certificate of candidac! (a!, prior to the election, #ithdra# the sa(e b!sub(ittin' to the office concerned a #ritten declaration under oath.

<No person shall be eli'ible for (ore than one office to be filled in the sa(e election, and if he files his

certificate of candidac! for (ore than one office, he shall not be eli'ible for an! of the(. Bo#ever, before

the e9piration of the period for the filin' of certificates of candidac!, the person #ho has file (ore than one

certificate of candidac! (a! declare under oath the office for #hich he desires to be eli'ible and can

the certificate of candidac! for the other office or offices.<

here is nothin' in this Section #hich (andates that the affidavit of #ithdra#al (ust be filed #ith th

sa(e office #here the certificate of candidac! to be #ithdra#n #as filed. hus, it can be filed direct

the (ain office of the COME7EC, the office of the re'ional election director concerned, the office of

provincial election supervisor of the province to #hich the (unicipalit! involved belon's, or the offic

the (unicipal election officer of the said (unicipalit!.

hile it (a! be true that Section -3 of COME7EC Resolution No. 3?*&, adopted on 3H Nove(be

3HHH, re;uires that the #ithdra#al be filed before the election officer of the place #here the certificacandidac! #as filed,-"such re;uire(ent is (erel! director!, and is intended for convenience. It is no

(andator! or 4urisdictional. &n ad(inistrative resolution can not contradict, (uch less a(end or rep

la#, or suppl! a deficienc! in the la#.-Bence, the filin' of petitioner8s affidavit of #ithdra#al of cand

for (a!or of Aa!ba! #ith the provincial election supervisor of 7e!te sufficed to effectivel! #ithdra#

candidac!. the COME7EC thus acted #ith 'rave abuse of discretion #hen it declare petitioner ineli'

for both positions for #hich she filed certificates of candidac!.

here is another i(portant (oiet! that affects the validit! of the COME7EC resolution cancelin'

petitioner8s certificates of candidac!. It is that petitioner #as deprived of procedural due process of

la#.-0 he petition to cancel her certificate of candidac! or to den! due course to both #ere filed bef

provincial election supervisor of 7e!te #ho inhibited hi(self and referred the cases to the 7a#

Depart(ent, COME7EC, Manila. On -- &pril 3HH-, the COME7EC, )irst Division, actin' on the firs

indorse(ent of &tt!. Ville'as approved his inhibition and re;uired the provincial election supervisor

7e!te to i((ediatel! for#ard his cop! of the records of these cases to the Re'ional Election Directo

Re'ion H0, at acloban, 7e!te, for hearin'.-/ On -0 &pril 3HH-, Re'ional Election Director, Re'ion H

&dolfo &. Ibae= issued su((ons@subpoena to petitioner 5o to sub(it her consolidated ans#er to

petitions and counter*affidavits includin' position paper #ithin three + da!s for( notice. 3H On 3 &

3HH-, petitioner sub(itted her consolidated position paper.3- On 3? &pril 3HH-, at /$HH a.(., Directo

Ibae= set the cases for hearin' for reception of evidence of the parties.

In the (eanti(e, ho#ever, the 7a# Depart(ent, COME7CE conducted an e%#parte stud! of the ca

did not 'ive petitioner an opportunit! to be heard. Petitioner #as not re;uired to sub(it a co((ent o

opposition to the petitions for cancellation of her certificates of candidac! and@or for dis;ualification

not set the cases for hearin'. It #as not even a#are of the proceedin's before Director Ibae= in

acloban. &fter an e%#parte stud! of the cases, on H? &pril 3HH-, the 7a# Depart(ent sub(itted its

and reco((endation, approved b! Director Aalbuena, to the COME7EC en /anc .

Durin' the oral ar'u(ent on H Ma! 3HH-, Director Aalbuena candidl! ad(itted that the COME7EC

of Procedure re;uires that notice be 'iven to the respondent . Indeed, Section , Rule 3 of said Ru

petition to den! due course to or cancel certificates of candidac! e9plicitl! provides$

<Rule 3 * Petition to Den! Due Course to or Cancel Certificates of Candidac!



<9999

<Sec. . Su((ar! Proceedin'. * he petition shall be heard su((aril! after due notice. +e(phasis

supplied

Obviousl!, the COME7EC en /anc in approvin' the report and reco((endation of the 7a# Depart(ent,

deprived the petitioner of procedural due process of la#.33 he COME7EC, actin' as a ;uasi*4udicial

tribunal, cannot i'nore the re;uire(ents of procedural due process in resolvin' cases before it. 3

/ERE%ORE, the Court GRANTS the petition. he Court ANNULS COME7EC Resolution No. /03,

adopted on 3 &pril 3HH-, and DECLARES valid petitioner8s certificate of candidac! for 5overnor of7e!te. he Chair(an, Co((ission on Elections, Manila, and the provincial election supervisor of 7e!te

shall i((ediatel! order the inclusion of petitioner8s na(e in the certified list of candidates for 5overnor,

province of 7e!te, to be posted in each pollin' place,@votin' booth in ever! precinct throu'hout the

province of 7e!te, in the voters infor(ation sheet to be 'iven to each re'istered voter therein, in the

election returns, state(ent of votes b! percents, and certificate of canvass, and all other election papers.

he stat*s 0*o ante order heretofore issued is (ade per(anent.

his decision is i((ediatel! e9ecutor!. No (otion for reconsideration shall be entertained.

No costs.

SO ORDERED.


Manila

EN A&NC

G.R. No. L!47!1 No*2* 3, 19!"

TOMAS DE GU5MAN, petitioner,

vs.

PROVINCIAL OARD O% CANVASSERS O% LA UNION and &UAN T. LUCERO, respondents.

A. de G*zman for petitioner.

Gregorio 6alavera for respondents.

VILLAMOR, J.:

his proceedin's is for the purpose of havin' this court issue a mandam*s addressed to the provin

board of canvassers of the Province of 7a nion, orderin' it to (eet and re4ect and annul all the vot

ad4udicated to the respondent 2uan . 7ucero, and after correctin' the election return, to proclai( a

certif! the petitioner elected for the office of provincial 'overnor of 7a nion in accordance #ith la#

&s 'round of the petition, it is alle'ed that the respondent provincial board of canvassers (et on 2u

-/3?, for the purpose of countin' the votes cast in the election for provincial officers and certif!in' t

result of the count, and after 'atherin' all the election returns, it found that the petitioner had obtain

,""3 votes and the respondent 2uan . 7ucero, 0,- votes: that the ori'inal of the certificate ofcandidac! of the respondent 2uan . 7ucero, a certified cop! of #hich is E9hibit &, #as not dul! s#o

as re;uired b! la#, #hile the certificate of candidac! of the petitioner o(as de 5u=(an, the ori'in

#hich is E9hibit A, #as prepared and filed in accordance #ith the re;uire(ents of the la#: that

not#ithstandin' that 2uan . 7ucero did not file a certificate of candidac! dul! s#orn to, as provided

section >H> of the Election 7a#, the respondent provincial board of canvassers #illfull! and ille'all!

ad4udicated the 0,- votes to the respondent, and after#ards ille'all! proclai(ed and certified hi(

'overnor*elect of the Province of 7a nion: that in vie# of these facts the respondent 2uan . 7ucer

not, and could not have, been a le'al candidate for the office in ;uestion, and could not have been

certified elected for the office of provincial 'overnor.

o this co(plaint the respondent filed a de(urrer on the 'round$ +a hat the court had no 4urisdictio

the sub4ect*(atter in liti'ation: +b that the court had no 4urisdiction over the persons of the defendan

(e(bers of the e9tin'uished provincial board of canvassers of 7a nion: and +c that the facts alle

the co(plaint did not constitute a cause of action.

he ;uestion to be decided in this proceedin' is #hether or not the respondent has filed a certificate

candidac! in accordance #ith the la#, and in case he has not, #hether the #rit applied for should b

issued.

Section >- of &ct No. HH, a(endin' section >- of the Election 7a#, provides that the provincial b

of canvassers or the 5overnor*5eneral, as the case (a! be, shall certif! elected for the offices of s

or (e(ber of the Bouse of Representatives and for provincial officers onl! those #ho shall have ob

the hi'hest nu(ber of votes, and filed their certificates of candidac! in accordance #ith the provisio

section >H> of this la#. &nd said section >H>, as a(ended b! section of the sa(e &ct No. HH,

provides that no person shall be eli'ible for the office of senator, representative or an! provincial off

unless #ithin the ti(e fi9ed b! the la#, he shall file a certificate of candidac! dul! verified. he (ea

the phrase <a certificate of candidac! dul! verified,< is e9plained b! this court in Viola vs. Court of )Instance of Ca(arines Sur and &dolfo, +> Phil., 0>/, to the effect that <. . . onl! #hen the correspo

receipt has been issued and the certificate filed can it be presu(ed that it has been dul! verified and

filed.<

In the instant case, accordin' to the alle'ations of the petitioner the respondent 2uan . 7ucero filed

certificate of candidac! in the office of the secretar! of the provincial board of 7a nion on &pril -?,



the provincial secretar! havin' issued the proper receipt for the filin' of said certificate, to'ether #ith a

state(ent of the e9penses attached thereto +E9hibit 3. It, therefore, see(s clear that the respondent filed

his certificate in accordance #ith the Spanish te9t of section >H> of the Election 7a#, as a(ended b!

section of act No. HH.

Aut the petitioner ar'ues that section >H> of the Election 7a#, as a(ended b! section of &ct No. HH, is

(andator! in its ter(s, and therefore (ust be co(plied #ith the provincial board, respondent herein.

5rantin' that the En'lish te9t of the la# in this case (a1es clear the Spanish te9t <Certificado de

candidatura debida(ente acreditado< +certificate of candidac! dul! verified, it #ill be seen that said

section of &ct No. HH re;uires the candidate to file a <certificate of candidac! dul! verified,< indicatin'

b! these t#o #ords that the certificate of candidac! (ust be s#orn to. In the case before us the certificateof the respondent 2uan . 7ucero #as defective, lac1in' the for(alit! of the oa th. his irre'ularit! (i'ht

have 4ustified the eli(ination of the na(e of 2uan . 7ucero as a le'al candidate for the office of provincial

'overnor, if an ob4ection on the part of the petitioner o(as de 5u=(an had been (ade in due ti(e. Jet

#e are of the opinion that this irre'ularit! does not invalidate the election for the funda(ental reason that

after it #as proven b! the count of the votes that 2uan . 7ucero had obtained the (a4orit! of the le'al

votes, the #ill of the people cannot be frustrated b! a technicalit! consistin' in that his certificate of

candidac! had not been properl! s#orn to.

his court in the case of 5ardiner vs. Ro(ulo +3" Phil., ?3-, follo#in' authoritative decisions of the

nited States, #hich establish rules of interpretation of election la#s, said$

he provisions of the Election 7a# declarin' that a certain irre'ularit! in an election procedure is fatal to

the validit! of the ballot or of the returns, or #hen the purpose and spirit of the la# #ould be plainl!

defeated b! a substantial departure fro( the prescribed (ethod, are (andator!.

hen the Election 7a# does not provide that a departure fro( a prescribed for( #ill be fatal and such

departure has been due to an honest (ista1e or (isinterpretation of the Election 7a# on the part of hi(

#ho #as obli'ated to observe it, and such departure has not been used as a (eans for fraudulent

practices or for the inti(idation of voters, and it is clear that there has been a free and honest e9pression

of the popular #ill, the la# #ill be held director! and such departure #ill be considered a har(less

irre'ularit!. lawph73.net

&nd in 7ino 7una vs. Rodri'ue=, +/ Phil., 3H0, this court laid do#n the follo#in' doctrine$

It has been announced in (an! decisions that the rules and re'ulations, for the conduct of elections, are

(andator! before the election, but #hen it is sou'ht to enforce the( after the election, the! are held to be

director! onl!, if that is possible, especiall! #here, if the! are held to be (andator!, innocent voters #ill bedeprived of their votes #ithout an! fault on their part. he various and nu(erous provisions of the Election

7a# #ere adopted to assist the voters in their participation in the affairs of the 'overn(ent and not to

defeat that ob4ect. hen the voters have honestl! cast their ballots, the sa(e should not be nullified si(pl!

because the officers appointed under the la# to direct the election and 'uard the purit! of the ballot have

not done their dut!. he la# provides a re(ed!, b! cri(inal action, a'ainst the(. he! should be

prosecuted cri(inall!, and the #ill of the honest voter, as e9pressed throu'h his ballot, should be

protected and upheld.

e hold that the le'al provision here in ;uestion is (andator! and non*co(pliance there#ith before

election #ould have been fatal to the reco'nition of the status of 2uan . 7ucero as candidate. Aut a

the people have e9pressed their #ill honestl!, the result of the election cannot be defeated b! the fa

the respondent #ho #as certified b! the provincial secretar! to be a le'al candidate for the office of

provincial 'overnor, has not sworn to his certificate of candidac!. he situation is so(e#hat li1e tha

voter placin' his ballot in the bo9. here are certain re;uire(ents of the la#, affectin' the vote, #hic

have been considered b! this court as of a (andator! character until the ballot is placed in the ball

but #e have held that the validit! of the count cannot be ;uestioned, nor the vote stric1en out after ballots had been placed in the ballot bo9es, si(pl! for non*co(pliance #ith such provisions. &fter th

ter(ination of the election, public interest (ust be (ade to prevail over that of the defeated candid

and #e cannot declare that the election of the respondent 2uan . 7ucero #as ille'al, and that he sh

;uit the office for #hich he #as elected, si(pl! b! reason of a defect in his certificate of candidac!,

defect could have been corrected before the election, but #hich cannot be cured after its ter(inatio

after the result of the election #as published b! the provincial board of canvassers, respondents he

Of course the conclusion #hich #e have arrived at tends to sustain the third 'round of the de(urrer

respondent. e #ill not enter upon the discussion of the t#o first 'rounds of said de(urrer, for it (a

seen that the! are clearl! untenable.

he de(urrer of the respondent is therefore sustained upon the third 'round, and considerin' that i

of our rulin' upon the onl! le'al ;uestion raised in this proceedin', the co(plaint cannot be a(end

case is definitel! ad4udicated, and the #rit of mandam*s applied for is denied #ith the costs a'ainspetitioner. So ordered.

Avance8a, C.)., treet, Ostrand, )ohns, 'om*aldez, and 9illa#'eal, ))., conc*r.

alcolm, )., conc*rs in the res*lt.


Manila

EN A&NC

G.R. No. 10"43# &6n* !, 1994



EUGENIO &URILLA, MARCIANO MEDALLA, ERNARDO NA5AL, REY, MEDINA, MELENCIOCASTELO and GODO%REDO LIAN, petitioners,

vs.

COMMISSION ON ELECTIONS and ANTONIO V. /ERNANDE5, respondents.

$*gene 9. )*rilla in his /ehalf and other petitioners.

Leonardo :. !alicte ;;; for private#respondent.

ELLOSILLO, J.:

E5ENIO 2RI77&, M&RCI&NO MED&77&, AERN&RDO N&L&7, REJ MEDIN&, ME7ENCIO

C&SE7O, 5ODO)REDO 7IA&N and &NONIO V. BERN&NDEL #ere a(on' the candidates in the --

Ma! -//3 s!nchroni=ed elections for the si9 +" positions of councilor for the Second District of ue=on

Cit!.

On 3 March -//3, respondent &ntonio V. Bernande= filed #ith the Co((ission on Elections his

certificate of candidac! for one of the contested seats. In Ite( No. " of his certificate he 'ave as his

address <A 3", 7 - Ne# Capitol Estates, ue=on Cit!.< Bo#ever, he did not indicate on the space

provided in Ite( No. -3 therein his Precinct Nu(ber and the particular Aaran'a! #here he #as a

re'istered voter. 1 Bis biodata sub(itted to'ether #ith his certificate of candidac! 'ave his address as

<&cacia Street, Mariana, ue=on Cit!,<

!

#hich is part of the )ourth District of ue=on Cit!.

3

In other#ords, his certificate of candidac! and his biodata filed #ith COME7EC did not e9pressl! state that he

#as a re'istered voter of ue=on Cit! or that he #as a resident of the Second District thereof #ithin the

purvie# of Sec. /, par. +a, of the 7ocal 5overn(ent Code of -//-, #hich provides$

Sec. /. *alifications % +a &n elective local official (ust be a citi=en of the Philippines: a re'istered

voter in the baran'a!, (unicipalit!, cit!, or province or, in the case of a (e(ber of the san''unian'

panlala#i'an, san''unian' pan'lunsod, or san''unian' ba!an, the district #here he intends to be

elected: a resident therein for at least one +- !ear i((ediatel! precedin' the da! of the election: and able

to read and #rite )ilipino or an! other local lan'ua'e or dialect.

In vie# of the see(in' deficienc! in the certificate of candidac! of private respondent, petitioners herein

challen'ed his ;ualification before public respondent COME7EC e9plainin' ho#ever that since the!

beca(e a#are of the 'rounds for private respondents ;ualification onl! after the elections, the! chose to

file their petition under Rule 3? of the COME7EC Rules of Procedure authori=in' the filin' of such petition

at an! da! after the last da! for filin' certificates of candidac! but not later than the date of p rocla(ation. 4

On 3 2une -//3, COME7EC pro(ul'ated its ;uestioned resolution den!in' the petition for dis;ualification

for bein' filed outside the re'le(entar! period under Sec. ? of R& "">", #hich pertains to nuisance

candidates. " Bence the instant petition for certiorari i(putin' 'rave abuse of discretion a(ountin'

of 4urisdiction on the part of COME7EC in issuin' the assailed resolution of 3 2une -//3.

It (a! be 'leaned fro( the provisions of Sec. /, par. +a, of the 7ocal 5overn(ent Code of -//-, e

;uoted, that the la# does not specificall! re;uire that the candidate (ust state in his certificate of

candidac! his Precinct Nu(ber and the Aaran'a! #here he is re'istered. &pparentl!, it is enou'h t

is actuall! re'istered as a voter in the precinct #here he intends to vote, #hich should be #ithin the

#here he is runnin' for office.

In the case at bench, his failure to so state in his certificate of candidac! his Precinct Nu(ber is

satisfactoril! e9plained b! hi( in that at the ti(e he filed his certificate he #as not !et assi'ned aparticular Precinct Nu(ber in the Second District of ue=on Cit!. Be #as for(erl! a re'istered vote

Manila, althou'h for the past t#o +3 !ears prior to the elections he #as alread! a resident of <A 3",

Ne# Capitol Estates,< ad(ittedl! #ithin the Second District of ue=on Cit!.

In his Petition for Inclusion in the Re'istr! of Re'istered Voters of Second District, ue=on Cit!, pri

respondent e9plained that %

. . . since -//H, he is a resident of Aloc1 3", 7ot -, Ne# Capitol Estates +for(erl! Capitol Aliss, Aar

Aatasan Bills, ue=on Cit!: that he failed to re'ister as a voter durin' the 'eneral re'istration held

ue=on Cit! on March -> and -?, -//3 because he #as sic1 of &cute 5astroenteritis as evidenced

Medical Certificate dul! issued b! Dr. &n'elito S. Re'ala, M.D., of the )a(il! Clinic, Inc.: that he #a

previous re'istered voter of Manila . . . that he #ould li1e to transfer and to re'ister as voter in ue=

Cit!, particularl! at Precinct 3*A, Ne# Capitol Estates, ue=on Cit! because he is no# a residen

ue=on Cit!. #

Confir(in' the e9planation of private respondent, Aaran'a! Captain Manuel 7a9ina testified that he

the Aaran'a! Captain of Ne# Capitol Estates +for(erl! Capitol Aliss, Aaran'a! Aatasan, ue=on

since 0 October -/0": that petitioner +private respondent herein #as a resident of Ne# Capitol Est

t#o +3 !ears as of the ti(e he testified.

&fter due notice and hearin', and #ithout an! #ritten opposition, the petition #as 'ranted b! the

Metropolitan rial Court of ue=on Cit! the dispositive portion of the order statin' that %

BERE)ORE . . . and it appearin' that petitioner &ntonio Viana Bernande= also 1no#n as &nthon

&lon=o possesses all the ;ualifications and none of the dis;ualifications of a voter plus the fact tha

#as no opposition at all, the court resolves to 'rant his petition. &ccordin'l!, the Chair(an of the Ao

Election Inspectors of Precinct No. 3*A, Ne# Capitol Estates +for(erl! Capitol Aliss, ue=on Cithereb! ordered to include in the official list of voters the na(e of &ntonio Viana Bernande= also 1no

&nthon! &lon=o and to allo# hi( to cast his vote in the co(in' Ma! -//3 election. 7et cop! of the

be furnished the Chair(an of the Aoard of Election Inspectors of Precinct 3*A, Ne# Capitol Estat

for(erl! Capitol Aliss, ue=on Cit!, Election Re'istrar, Co((ission on Elections, ue=on Cit!, Ch

of the Co((ission on Elections, Intra(uros, Manila, for their infor(ation and 'uidance. 7



Conse;uentl!, as a re'istered voter of Precinct Nu(ber 3*A, Ne# Capitol Estates, ue=on Cit!, as

4udiciall! confir(ed, the COME7EC had no other recourse but to declare that he #as eli'ible, hence

;ualified, to run for the position in ;uestion.

COME7EC referred to the action ta1en b! petitioners herein as one to declare private respondent a

<nuisance candidate< and inti(atin' that the! should have instead petitioned COME7EC to ref*se to give

d*e co*rse to or cancel the certificate of candidac+ of private respondent , citin' Sec. "/ of AP Al'. 00-,

#hich provides$

Sec. "/. "*isance candidates. % he Co((ission (a!, mot* proprio or upon a verified petition of an

interested part!, refuse to 'ive due course to or cancel a certificate of candidac! if it is sho#n that saidcertificate has been filed to put the election process in (oc1er! or disrepute or to cause confusion a(on'

the voters b! the si(ilarit! of the na(es of the re'istered candidates or b! other circu(stances or acts

#hich clearl! de(onstrate that the candidate has no bona fide intention to run for the office for #hich the

certificate of candidac! has been filed and thus prevent a faithful deter(ination of the true #ill of the

electorate.

Certainl!, the holdin' of COME7EC that private respondent Bernande= #as a <nuisance candidate< is

erroneous because, tested a'ainst the provisions of Sec. "/, there is no #a! b! #hich #e can cate'ori=e

hi( as a <nuisance candidate,< hence, the procedure therein provided could not have been properl!

invo1ed b! petitioners herein. Neither could the! appl! Rule 3? of the COME7EC Rules of Procedure

#hich #ould re;uire such petition to be filedat an+ da+ after the last da+ for filing certificates of candidac+

/*t not later than the date of proclamation.

hile COME7EC therefore proceeded on the erroneous pre(ise that private respondent Bernande=

should be treated as a <nuisance candidate< as alread! sho#n, nevertheless its conclusion to dis(iss the

petition and 'ive due course to the candidac! of private respondent he bein' a ;ualified voter of Precinct

No. 3*A, Ne# Capitol Estates, Aaran'a! Aatasan Bills, (ust be sustained.

BERE)ORE, there bein' no 'rave abuse of discretion co((itted b! respondent Co((ission on

Elections in issuin' its ;uestioned resolution of 3 2une -//3, the instant petition is d is(issed.

SO ORDERED.

Republic of the Philippines

SUPREME COURTManila

EN A&NC

G.R. No. L13001 Ma- 1$, 19"$

AL%REDO ACEDE, petitioner,

vs.

/ON. DOMINGO IMPERIAL, GAUDENCIO GARCIA, and SI8TO RILLANTES, Co22++on*E:*(+on,respondents.

Felipe L. A/el for petitioner.

ominador . a+ot for respondents.

CONCEPCION, J.'

Prior to Septe(ber , -/?, petitioner &lfredo &bcede filed, #ith the Co((ission on Elections, hiscertificate of candidac! for the Office of the President of the Philippines, in connection #ith the elect

be held on Nove(ber -3 of the sa(e !ear. On or about said date, &bcede and other candidates #e

su((oned b! the Co((ission on Elections to appear before the sa(e on Septe(ber 3, -/?, <to

cause #h! their certificates of candidac! should be considered as filed in 'ood faith and to be 'iven

course,< #ith the ad(onition that their failure to so appear #ould be sufficient 'round for the Co((

to consider said certificates of candidac! as not filed in 'ood faith and not to 'ive due course thereto

due hearin', at #hich &bcede appeared and introduced evidence, the Co((ission issued a resolut

dated October >, -/?, orderin' that the certificates of candidac! of the persons therein na(ed, inc

that of said petitioner, <shall not be 'iven due course.< & reconsideration of such resolution havin' b

denied, &bcede filed #ith this Court a petition for certiorari and mandam*s, pra!in' that the resolut

annulled and that his afore(entioned certificate of candidac! be 'iven due course. pon (otion of

petitioner herein, this Court issued a #rit of preli(inar! in4unction orderin' the respondent to refrain

desist fro( carr!in' out the resolution above referred to, pendin' the final disposition of the case a

Insofar as petitioner herein is concerned, the action ta1en b! the Co((issision on Elections is base

upon the follo#in' facts, set forth in its said resolution, fro( #hich #e ;uote$

&lfredo &bcede #as a candidate for senator in -/?, a'ain in -/??, in both of #hich his votes #ere

this election he presents his candidac! for President of the Philippines, #ith the rede(ption of the

2apanese #ar notes as his (ain pro'ra( of 'overn(ent. It is of record that the Aureau of Posts, b!

Order No. 3, dated Nove(ber 3, -/??, banned fro( the use of the Philippine (ail (atter of #hateve

class (ailed b!, or addressed to, the2apanese ar Notes Clai(s &ssociation of the Philippines, In

its a'entand representatives, includin' &lfredo &bcede and Marciana Mesina*&bcede, #hich order

based on the findin's of the Securities and E9chan'e Co((ission, confir(ed b! the Secretar! of 2

that said entit! aid its a'ents and representatives, includin' &lfredo &bcede, are en'a'ed in a sche

obtain (one! fro( the public b! (eans of false or fraudulent pretenses. he Co((ission is convin

that the certificate of candidac! of &lfredo &bcede #as filed for (otives other than a /ona fide desirobtain a substantial nu(ber of votes of the electorate.

In holdin' that it has, under these facts the po#er not to 'ive due course to petitioner8s certficate of

candidac!, the Co((ission on Elections 'ave the follo#in' reasons$



he Co((ission believes that #hile Section of the Revised Election Code i(poses upon the

co((ission the (inisterial dut! to receive and ac1no#led'e certificates of candidac!, the la# leaves to

the Co((ission a (easure$of discretion on #hether to 'ive due course to a particular certificate of

candidac! should it find said certificate of candidac! to have been filed not /ona fide. e also believe that

a certificate of candidac! is not/ona fide #hen it is filed, as a (atter of caprice or fanc!, b! a person #ho

is incapable of understandin' the full (eanin' of his acts and the true si'nificance of election and #ithout

an! political or'ani=ation or visible supporters behind hi( so that he, has not even the tiniest chance to

obtain the favorable indorse(ent of a substantial portion of the electorate, or #hen the one #ho files the

sa(e e9erts no tan'ible effort, sho#n b! overt acts, to pursue to a se(blance of success his candidac!.

he la# re;uires the certificate of candidac! to be under oath in ac1no#led'(ent of its serious character

as an indispensable se'(ent in the process of election, the first step that a citi=en has to ta1e in see1in'

public trust and in avoidin' service to the co((on #eal. It is a sole(n (atter, not to be ta1en li'htl!.

he 'ivin' due course to a certificate of candidac! is a process of no (ean proportion, particularl! for the

offices of President and Vice President of the Philippines and Senator #hich involve the printin' at public

e9pense of around -",HHH copies of each certificate of candidac!: the printin' of the na(es of the

candidates in several election for(s: the (ailin', sortin', and distribution of the copies of said certificates

of candidac! and for(s a(on' the >,HHH pollin' places throu'hout the countr!: the enterin' of the

na(es of the candidates b! the board of inspectors in still other for(s: etc. Conisiderin' all these, the

Co((ission is satisfied #ith the vie# that Con'ress could not have (eant to (a1e as a (inisterial dut! of

the Co((ission to 'ive due course to ever! certificate of candidac!, no (atter ho# senseless said

certificate of candidac! (a! be, thus in effect authori=in' a (eanin'less e9penditure of a considerable

a(ount of public funds, and in the process put added routinar! burden on the alread! heavil! burdened

election (achiner!, as #ell as shear off the election (uch of its di'nit! as a sole(n process of de(ocrac!.

Aased on e9istin' records of the Co((ission and on evidence adduced durin' the hearin' on the

certificates of candidac! (entioned above, the Co((ission finds, and so declares, that the said

certificates of candidac! have not been filed in 'ood faith on 'rounds hereunder stated.

Section " of the Revised Election Code provides that /" certificates of candidac! of candiddtes for

President . . . shall be filed #ith the Co((ission on Elections which shall order the preparation and

distri/*tion of copies for the same to all the election precincts of the !hilippines . . . .

It further provides that said certificates shall be distributed as follo#s$

. . . the Co((ission on Elections . . . shall immediatel+ send copies thereof to the secretar! of the

Provincial Aoard of each province #here the elections #ill be held, and the latter shall in t*rn immediatel+forward copies to all the pollin' places. he Co((ission on Elections shall comm*nicate the na(es of

said candidates to the secretar! of the provincial board b! tele'raph. If the certificate of candidac! is sent

b! (ail,it shall be b! re'istered (ail, and the date on #hich the pac1a'e #as deposited in the post*office

(a! be considered as the filin' date thereof if confir(ed b! a tele'ra( or radio'ra( addressed to the

Co((ission on Elections on the sa(e date.

Moreover, pursuant to section of said Code$

he Co((ission on Election, the secretar! of the provincial board, and the (unicipal secretar!, in t

respective cases, shall have the (inisterial dut! to receive the certificates of candidac! referred to i

precedin' section and to i((ediatel! ac1no#led'e receipt thereof.

he fore'oin' provisions 'ive the Co((ission no discretion to 'ive or not to 'ive due course to

petitioner8s certificate of candidac!. On the contrar!, the Conunission has, ad(ittedl!, the <(inisteri

to receive said certificate of candidac!. Of #hat use #ould it be to receive it if the certificate #ere no

'iven due course e (ust not assu(e that Con'ress intended to re;uire a useless act % that it #

have i(posed a (andator! dut! to do so(ethin' vain, futile and e(pt!.

Moreover, in the #ords of section , the Co((ission <shall i((ediatel! send copies< of said certif

to the secretaries of the provincial boards. he co(pulsor! nature of this re;uire(ent, evinced b! th

i(perative character 'enerall! attached to the ter( <shall<, is stressed b! the pere(ptor! connotat

the adverb <i((ediatel!.<

&'ain, the Constitution fi9es the ;ualifications for the office of the hi'hest (a'istrate of the land. &l

possessors of such ;ualifications are, therefore, dee(ed le'all! fit, at least, to aspire to such office

run therefor, provided that the! file their respective certificates of candidac! #ithin the ti(e, at the p

and in the (anner provided b! la#, and petitioner herein has done so.

7astl!, as the branch of the e%ec*tive depart(ent % althou'h independent of the President % to #

the Constitution has 'iven the <e9clusive char'e< of the < enforcement and ad(inistration of all la#s

relative to the conduct of elections,< the po#er of decision of the Co((ission is li(ited to purel!

<administrative ;uestions.< +&rticle , sec. 3, Constitution of the Philippines. It has no authorit! to d

(atters <involvin' the ri'ht to vote<. It (a! not even pass upon the le'alit! of a 'iven vote +Naciona

Part! vs. Co((ission on Elections, Q > Off.: 5a=., F"G, 30?-. e do not see, therefore, ho# it coul

#hether, if so 'ranted % in the va'ue, abstract, indeter*assert thegreater and more far#reaching

a*thorit+ to deter(ine #ho % a(on' those possessin' the ;ualifications prescribed b! the Constitu

#ho have co(plied #ith the procedural re;uire(ents relative to the filin' of certificates of candidac!

should be allo#ed to en4o! the full benefits intended b! la# therefor. he ;uestion #hether in order

en4o! those benefits % a candidate (ust be capable of <understandin' the full (eanin' of his acts

the true si'nificance of election,< and (ust have % over a month prior, to the elections +#hen the

resolution co(plained of #as issued <the tiniest chance to obtain the favorable indorse(ent of a

substantial portion of the electorate,< is a (atter of polic+ , not of administration and enforcement of

la#, #hich polic! (ust be deter(ined b! Congress in the e9ercise of its legislative f*nctions. &part

the absence of specific statutor! 'rant of such 'eneral, broad po#er as the Co((ission clai(s to his dubious (inate and undefined (anner necessar! in order that it could pass upon the factors relie

upon in said resolution +and such 'rant (ust not he dee(ed (ade, in the absence of clear and pos

provision to such effect, #hich is absent in the case at bar % the le'islative enact(ent #ould not a

to undue dele'ation of le'islative po#er. +Schechter vs. .S., 3/? .S. >/?, / 7. ed. -?H..



he case of Ciriaco . Garcia vs. ;mperial , 7*-3/H +October 33, -/? cited in respondent8s ans#er is not

in point. hat case referred to the certificates of candidac! of Ciriaco S. 5arcia of San Si(on, Pa(pan'a,

Carlos C. 5arcia of Iloilo Cit! and Eulo'io Pal(a 5arcia of Autuan Cit!, all for the Office of the President

of the Philippines, filed in Septe(ber, -/?. he facts therein are set forth in the pertinent resolution of the

Co((ission on Elections fro( #hich #e ;uote$

Ciriaco S. 5arcia, . . . ad(itted, . . . that he had not up to the date of the hearin' held an! public (eetin'

relative to his candidac!: had not posted an! handbills or posters or banners announcin' candidac!: had

not established an! national head;uarters: and had no line up for vice*president, senators, or (e(bers of

Con'ress. In connection #ith the case of Ciriaco S. 5arcia, counsel for the intervenor presented

docu(ents as e9hibits. . . . all sho#in' that Ciriaco S. 5arcia had not sho#n an! active interest in his

candidac!. Relative to the case of Carlos C. 5arcia, counsel for intervenor presented a #itness, Salvador

del Rosario #ho testifed to the effect that he 1no#s personall! said Carlos C. 5arcia as a for(er dress

(a1er and no# (aintains a bar in a cit! of Iloilo: that he has not done an!thin' to pro(ote his candidac!:

and that he is a brother*in*la# of &tt!. o(as Var'as a pro(inent Li/eral !art+ leader in the province of

iloilo. Be also sub(itted as evidence the tele'ra( of the provincial co((anderr of Iloilo reportin' that said

Carlos C. 5arcia is not a #ell 1no#n person in Iloilo. &nd as re'ard Eulo'io Pal(a 5arcia, counsel for

intervenor li1e#ise sub(itted a tele'ra( of the provincial co((ander of &'usan to the effect that said

Eulo'io Pal(a 5arcia is an un1no#n person in &'usan. Be farther pointed out that the address of said

Eulo'io Pal(a 5arcia, as appearin' in this certificate of candidac!, is ran;uilino O. Calo, 2r., a

nephe# of e9*con'ress(an Calo, and official candidate of the Li/eral !art+ for Senator. +E(phasis ours.

he findin's of the Co((ission #ere as follo#s$

he Co((ission is convinced that the failure of Carlos C. 5arcia, a bar tender, and Eulo'io Pal(a5arcia, a person #ho has not even a residence of his o#n, to appear before the Co((ission,

not#ithstandin' the (andator! state(ent issued the(, #hich had been received in their behalf, to the

effect that failure to appear on their part before the Co((ission as re;uired #ould be sufficient for the

Co((ission to consider their certificates of candidac!, as filed in bad faith, sho#s that the+ are not

act*all+ interested in the o*tcome of their pretended candidac+ , and@or that the! fear that their personal

appearance before the Co((ission #ould not e9pose too clearl! the true (otives behind the filin' of their

certificates of candidac!.

&s re'ards Ciriaco S. 5arcia, a for(er chief of police, #ith no visible propert! to his na(e, . . . the

Co((ission is li1e#ise satisfied . . . that his certificate of candidac! #as filed #ithout the least idea of

activel! pursuin' the sa(e, but simpl+ to pre<*dice a legitimate and /ona fide candidate, !resident Carlos

!. Garcia.

$ach of said three certificates of candidac+ is a well fitted piece in an overall conspired scheme to fairl+

pre<*dice the candidac+ of !resident Carlos !. Garcia. Even the circu(stances of 'eo'raph! and of

course of na(es have been suitabl! pla!ed upon to achieve in the (ost effective #a! the desired

ob4ective of destro+ing legitimate votes for the /ona fide candidate . Ciriaco S. 5arcia hails fro( Central

7u=on: Carlos C. 5arcia is fro( Central Visa!as: and Eulo'io Pal(a 5arcia is fro( Northern

Mindanao. 6he names *sed are s*ch that all votes for =Carlos Garcia=, =C. Garcia=, =!. Garcia=, and

=Garcia= wo*ld, /e declared stra+ . he (ischief ai(ed to be reali=e b! the plan is too plain to be (

b! an! i(partial (ind. . . .

he Co((ission, . . . is clear in the conclusion that all raid three certificates of candidac! have bee

not for the purpose of #innin' the election or even to obtain a substantial nu(ber of votes for the

presidenc! of the Philippines but for the p*rpose of pre<*dicing the candidac+ of a candidate in goo

/+ n*llif+ing the votes cast for the same name and>or s*rname of said candidate in good faith.

9 9 9 9 9 9 9 9 9

e reiterate here #hat the Co((ission has alread! said in the si(ilar case of Re*Certificate ofCandidac! of Eduardo &. Aarreto. +Case No. -/$

he dut! of the Co((ission under these circu(stances is too plain to be (ista1en. he la# could n

have intended nor #ill the Co((ission allo# itself to be (ade a part! to fra*d a'ainst

the integrit+ and p*rit+ of election. Election is not a 'a(e of (ean political tric1s #here deceit #ins

pre(iu(. It is an honest process, 'overned b! fair rules of la# and 'ood conduct. In election as #e

an! other field of fair contest, deceit cannot be allo#ed to clothe itself in le'al technicalities and de(

pri=e. It (ust be conde(ned and never tolerated. +E(phasis ours.

In other #ords, the candidates in ;uestion did not reall+ aspire to /e elected President of the Philip

heir certificates of candidac! #ere filed (erel! for the purpose of nullif!in', in effect, all votes cast

favor of <5arcia<, <C. 5arcia<, and <P. 5arcia<, even if the voters intended to vote for Carlos P. 5ar

incu(bent of said office. he ob4ective #as, evidentl!, to prevent a faithf*l determination of the tr*e

the electorate. Bad the certificates of candidac! in ;uestion been 'iven due course, #hether or not

ta9 penalt!, or su( has been election inspectors, #ho #ould be at a loss as to #ho( to credit the vo

cast for <Carlos 5arcia<, <C. 5arcia<, <P. 5arcia<, and <5arcia< or #hether said votes should not be

counted, as stra! votes. hus, an opportunit! #ould be created to sub4ect the election officers throu

the Philippines to co(plaints, either b! the opponents of, the incu(bent President, if the votes #ere

credited to hi( or b! the Nacionalista Part!, if the votes #ere counted in favor of either Ciriaco S. 5

or Carlos C. 5arcia, or Eulo'io Pal(a 5arcia, or considered as stra! votes. hat this could have le

or 'iven an e9cuse for,public disorders #hich (a! not have been alto'ether unli1el!, in the li'ht of

conditions then e9istin'. orse, still, there #ould have been no (eans, under the la#, to ascertain

#hether the afore(entioned votes #ere intended for the incu(bent President Carlos P. 5arcia or fo

petitioners in said case. he action of the Co((ission therein tended, therefore, to insure free, ord

and honest elections, #hich is its (ain Concern, under our funda(ental la# and the Revised Elect

Code. Such, ho#ever, is not the situation obtainin' in the case at bar.

hether or not the Co((ission on Election should incur the e9penses incident to the preparation a

distribution of copies of the certificates of candidac! of those #ho, in its opinion, do not have a chan

'et a substantial nu(ber of votes, is another ;uestion of polic+ for Con'ress,not the Co((ission, t

settle. hen the Revised Election Code i(poses upon the Co((ission the (inisterial dut! to recei

those certificates and provides that said Co((ission shall i((ediatel! prepare and distribute copi

thereof to the offices (entioned in section " of said Code, it necessaril! i(plies that co(pliance #



latter provision is, li1e#ise, (inisterial. If the Co((ission believes, ho#ever, that the effect thereof is to

unnecessaril! i(pose a useless burden upon the 5overn(ent, then the re(ed! is to call the attention of

Con'ress thereto, coupled #ith the correspondin' proposals, reco((endations, or su''estions for such

a(end(ents as (a! be dee(ed best, consistentl! #ith the de(ocratic nature of our political s!ste(.

Needless to sa!, the vi'ilant attitude of the Co((ission on Elections and the efforts e9erted b! the sa(e

to co(pl! #ith #hat it considers its dut!, (erit full and un;ualified reco'nition, as #ell as co((endation of

the hi'hest order. In this particular case, ho#ever, the action of the Co((ission as re'ards petitioner8s

certificate of candidac! is be!ond the bounds of its 4urisdiction, and, hence, void.

herefore, the afore(entioned resolution of the Co((ission on Elections is hereb! annulled, insofar aspetitioner &lfredo &bcede is concerned, and the #rit of preli(inar! in4unction heretofore issued (ade

per(anent, #ithout special pronounce(ent as to costs. It is so ordered.

!aras, C.). :engzon, !adilla, ontema+or, 'e+es, A., :a*tista Angelo, La/rador, 'e+es, ).:.L.,

$ndencia and Feli%, ))., concur.

EN A&NC

;G.R. No. 1"$$30. A66( 10, !004<

ELLAN MARIE P. CIPRIANO, a 2+no *=**n(*d y -* >a(-* ROLANDO CIPRIANO, ?AND OT/ER YOUT/ O% T/E LAND A%%ECTED AND SIMILARLY SITUATED@, petitioners, vs. COMMISSION ONELECTIONS, DEPARTMENT O% INTERIOR AND LOCAL GOVERNMENT, E:*(+on O>>+* LOPEGAYO, &R., 1( D+(+(, Paay C+(y, SANGGUNIANG ARANGAY (-6 +( C-a+2an &O/NNYSANTIAGO o> aanay 3$, Paay C+(y, GREG PAOLO ALCERA +n -+ a=a+(y a S %*d*a(+onP*+d*n( o> Paay C+(y, EDNA TIAR B a 2+no a+(*d y =a*n(, RISTAL GALE ONGGO B a2+no a+(*d y =a*n(, S C-a+2an RUEL TAYAM DECENA o> aanay 14!, Paay C+(y, T/EPRESIDENT O% T/E PAMANSANG ATIPUNAN NG MGA SANGGUNIANG AATAAN, and ALL S

O%%ICERS AND YOUT/ O% T/E LAND SIMILARLY SITUATED and T/EIR AGENTS ANDREPRESENTATIVES, respondents.

D E C I S I O N

PUNO, J .'

Ma! the Co((ission on Elections +COME7EC, on its o#n, in the e9ercise of its po#er to

and ad(inister election la#s, loo1 into the ;ualifications of a candidate and cancel his certifi

candidac! on the 'round that he lac1s the ;ualifications prescribed b! la# his is the issue that n

be resolved in this petition for certiorari filed b! Ellan Marie P. Cipriano, the dul! elected S6 Chair

Aaran'a! 0, Pasa! Cit!, #hose certificate of candidac! #as cancelled b! the COME7EC mot* pro

the 'round that she #as not a re'istered voter in the /aranga+ #here she intended to run.

On 2une , 3HH3, petitioner filed #ith the COME7EC her certificate of candidac! as Chair

the angg*niang ?a/ataan +S6 for the S6 elections held on 2ul! -?, 3HH3. F-G

On the date of the elections, 2ul! -?, 3HH3, the COME7EC issued Resolution No. ?" adoptreco((endation of the Co((issions 7a# Depart(ent to den! due course to or cancel the certific

candidac! of several candidates for the S6 elections, includin' petitioners. he rulin' #as based

findin's of the 7a# Depart(ent that petitioner and all the other candidates affected b! said re

#ere not re'istered voters in the /aranga+ #here the! intended to run.F3G

Petitioner, nonetheless, #as allo#ed to vote in the 2ul! -? S6 elections and her na(e #

deleted fro( the official list of candidates. &fter the canvassin' of votes, petitioner #as procla

the :aranga+ Aoard of Canvassers the dul! elected S6 Chair(an of Aaran'a! 0, Pasa! Cit!. FG S

her oath of office on &u'ust ->, 3HH3 .F>G

On &u'ust -/, 3HH3, petitioner, after learnin' of Resolution No. ?", filed #ith the COME

(otion for reconsideration of said resolution. She ar'ued that a certificate of candidac! (a!

denied due course or cancelled via an appropriate petition filed b! an! re'istered candidate for th

position under Section 0 of the O(nibus Election Code in relation to Sections ? and of Repub+R.&. No. "">". &ccordin' to petitioner, the report of the Election Officer of Pasa! Cit! can

considered a petition under Section 0 of the O(nibus Election Code, and the COME7EC can

itself, den! due course to or cancel ones certificate of candidac!. Petitioner also clai(ed that s

denied due process #hen her certificate of candidac! #as cancelled b! the Co((ission #ithout

and hearin'. Petitioner further ar'ued that the COME7EC en /anc did not have 4urisdiction to act

cancellation of her certificate of candidac! on the first instance because it is the Division

Co((ission that has authorit! to decide election*related cases, includin' pre*procla(ation controv

)inall!, she contended that she (a! onl! be re(oved b! a petition for 0*o warranto after her procl

as dul!*elected S6 Chair(an.F?G

On October , 3HH3, the COME7EC issued Resolution No. ?0-,F"G resolvin' petitioners (o

reconsideration. It cited its previous resolution, Resolution No. ??0>, in relation to Resolution No

he Co((ission stated in Resolution No. ??0> its polic! on proclai(ed candidates found to be in

for not bein' re'istered voters in the place #here the! #ere elected. It e9plained$

& portion of Resolution No. ??0> e9plained the procedure adopted b! the Co((ission in den!in' d

course the certificate of candidac! of a candidate. It reads$

http://sc.judiciary.gov.ph/jurisprudence/2004/aug2004/158830.htm#_ftn1


















nder COME7EC Resolution No. >0H-, Election Officers #ere 'iven the dut! to$ +- verif! #hether all

candidates for /aranga+ and sangg*niang ka/ataan positions are re'istered voters of

the /aranga+ #here the! filed their certificates of candidac!: and +3 e9a(ine the entries of the certificates

of candidac! and deter(ine on the basis of said entries #hether the candidate concerned possesses all

the ;ualifications of a candidate.

)urther, Election Officers are (andated to report b! re'istered (ail and b! rush tele'ra( to the 7a#

Depart(ent of this Co((ission the na(es of candidates #ho are not re'istered voters in the place #here

the! see1 to run for public office #ithin three + da!s fro( the last da! for filin' of certificates of

candidac!. he na(es of these candidates, ho#ever, shall still be included in the certified lists of

candidates until the Co((ission directs other#ise.

A! virtue of the said report, the 7a# Depart(ent (a1es a reco((endation to the Co((ission $n :anc ,

and the latter, b! virtue of an $n :anc Resolution either 'ives due course to or denies@cancels the

certificates of candidac! of the said candidates.

Veril!, the ad(inistrative in;uir! of the Co((ission on the eli'ibilit! of candidates starts fro( the ti(e the!

filed their certificates of candidac!. he candidates, b! virtue of the publication of COME7EC Resolution

No. >0H- on Ma! 3?, 3HH3 in the Manila Standard and Manila Aulletin are dee(ed to have constructive

notice of the said ad(inistrative in;uir!. hus, the Co((ission, b! virtue of its ad(inistrative po#ers,

(a! mot* proprio den!@cancel the certificates of candidac! of candidates #ho are found to be not

re'istered voters in the place #here the! see1 to run for public office.

&n! re'istered candidate for the sa(e office (a! also file a verified petition to den! due course to or

cancel a certificate of candidac! pursuant to Section "/ +nuisance candidate or Sec. 0 +(aterial(isrepresentation in the certificate of candidac! of the O(nibus Election Code either personall! or

throu'h a dul! authori=ed representative #ithin five +? da!s fro( the last da! for filin' of certificate of

candidac! directl! #ith the Office of the Provincial Election Supervisor or #ith the Office of the Election

Officer concerned.

Bence, as lon' as the Election Officer reported the alle'ed ineli'ibilit! in accordance #ith COME7EC

Resolution No. >0H-, or the petition to den! due course to or cancel a certificate of candidac! #as filed

#ithin the re'le(entar! period, the fact that the Resolution of this Co((ission, den!in' due course to or

cancelin' the certificate of candidac! of an ineli'ible candidate, #as not pro(ul'ated or did not arrive prior

to or on the da! of the elections is therefore of no (o(ent. he procla(ation of an ineli'ible candidate is

not a bar to the e9ercise of this Co((issions po#er to i(ple(ent the said Resolution of the Co((ission

En Aanc because it alread! ac;uired the 4urisdiction to deter(ine the ineli'ibilit! of the candidates #ho

filed their certificates of candidac! even before elections b! virtue of either the report of the Election

Officer or the petition to den! due course to or cancel the certificate of candidac! filed a'ainst the(.

On the (atter of petitions for dis;ualification, the provisions of COME7EC Resolution No. >0H- are

li1e#ise clear$ +- & verified petition to dis;ualif! a candidate on the 'round of ineli'ibilit! or under

Section "0 of the O(nibus Election Code (a! be filed at an!ti(e before procla(ation of the #innin'

candidate b! an! re'istered voter or an! candidate for the sa(e office, +3 &ll dis;ualification case

on the 'round of ineli'ibilit! shall survive, althou'h the candidate has alread! been proclai(ed.

Clearl!, b! virtue of the above*;uoted provisions, the procla(ation of a candidate #ho is found to b

dis;ualified is also not a bar to the Co((issions po#er to order a proclai(ed candidate to cease a

desist fro( ta1in' his oath of office or fro( assu(in' the position to #hich he #as elected.

A! #a! of contrast, in case of proclai(ed candidates #ho #ere found to be ineli'ible onl! after the!

elected and proclai(ed, the provisions of Section 3? of the O(nibus Election Code are clear$ h

re(ed! of losin' candidates is to file a petition for 0*o warranto before the (etropolitan or (unicip

court. his is lo'ical T he Co((ission did not ac;uire 4urisdiction over these proclai(ed candidaprior to election +i.e., here #as no report fro( the Election Officer re'ardin' their ineli'ibilit! and n

petition to den! due course to or cancel certificate of candidac! and@or petition for dis;ualification #

a'ainst the(. hus, the Co((ission has no 4urisdiction to annul their procla(ation on the 'round

ineli'ibilit!, e9cept in cases #herein the procla(ation is null and void for bein' based on inco(plete

canvass.

hus, the Co((ission ruled$

Pre(ises considered, the Co((ission, RESO7VED, as it hereb! RESO7VES, to establish a polic!

follo#s$

ON PROC7&IMED C&NDID&ES )OND O AE INE7I5IA7E )OR AEIN5 NO RE5ISERED

VOERS IN BE P7&CE BERE BEJ ERE E7ECED.

+a )or a proclai(ed candidate #hose certificate of candidac! #as denied due course to or canc

b! virtue of a Resolution of the Co((ission $n :anc al/eit such Resolution did not arrive on ti(e.

-. o DIREC the Election Officers concerned to i(ple(ent the resolution of the Co((ission d

the na(e of the candidate #hose certificate of candidac! #as denied due course:

3. o DIREC the candidate #hose na(e #as ordered deleted to cease and desist fro( ta1in'

oath of office or fro( assu(in' the position to #hich he #as elected, unless a te(porar! restrainin'

#as issued b! the Supre(e Court: and

. o RECONVENE the Aoard of Canvassers for the purpose of proclai(in' the dul!*elected

candidates and correctin' the Certificate of Canvass of Procla(ation.FG

he Co((ission further stated$

Considerin' that there are ;ueries as to the status of the procla(ation of dis;ualified candidates as

offshoot of Resolution No. ??0>, the sa(e #as a(ended b! virtue of Resolution No. ?""", the disp

portion of #hich no# reads$






Considerin' the above*;uoted provision, the Co((ission RESO7VED, as it hereb! RESO7VES, to

&PPROVE the reco((endation of Co((issioner Sadain to a(end Resolution No. ??0> pro(ul'ated on

-H &u'ust 3HH3 #ith (odification.

&ccordin'l!, Resolution No. ??0> shall no# read as follo#s$

I

ON PROC7&IMED C&NDID&ES )OND O AE INE7I5IA7E )OR AEIN5 NO RE5ISERED

VOERS IN BE P7&CE BERE BEJ ERE E7ECED

+a 999

+b 999

+c 999

+d )or both +a and +b, in the event that the dis;ualified candidate is proclai(ed the #inner

despite his dis;ualification or despite the pendin' dis;ualification case filed before his

procla(ation, but #hich is subse;uentl! resolved a'ainst hi(, the procla(ation of said

dis;ualified candidate is hereb! declared void fro( the be'innin', even if the dispositive

portion of the resolution dis;ualif!in' hi( or cancelin' his certificate of candidac! does

not provide for such an annul(ent.F0G

Bence, petitioner filed the instant petition see1in'$

a o declare ille'al and unconstitutional the COME7EC Resolution No. ?" pro(ul'ated on -? 2ul! 3HH3

and COME7EC Resolution No. ?0- pro(ul'ated on October , 3HH3 and an! other COME7EC actions

and resolutions #hich are intended to su((aril! oust and re(ove petitioner as S6 Chair(an of Aaran'a!

0, Pasa! Cit! #ithout an! notice, in;uir!, election protest, petition for 0*o warranto, investi'ation and

hearin', and therefore a clear violation of due process of la#.

b o declare ille'al the aforesaid COME7EC Resolutions sittin' en /anc #hich does not have authorit! to

decide election related case, includin' pre*procla(ation controversies, in the first instance, in consonance

to this Bonorable Courts rulin' in the cases of Sar(iento vs. COME7EC, 5.R. No. 0H0, &u'ust 3/,

-/0/ and 5arvida vs. Sales, 5.R. No. -3>0/, &pril -0, -//.

c o declare unconstitutional Sections " and of R.&. /-"> and also to declare the a'e of (e(bership and

its officers of the 66 or S6 or'ani=ation fro( -? to 3- !ears old in accordance #ith Sec. / +f and Sec.

>3 +b and other provisions of R.&. -"H other#ise 1no#n as 7ocal 5overn(ent Code of -//-.

d If Sections " and of R.&. /-"> are sustained as constitutional to direct all S6 Officers and Me(bers #ho

are no# (ore than -0 !ears o ld to cease and desist fro( continuousl! f unctionin' as such S6 Officers

and Me(bers and to vacate their respective S6 Officers position, as the! are no lon'er (e(bers o

San''unian' 6abataan or'ani=ation or 6atipunan n' 6abataan or'ani=ation for bein' over a'e up

attainin' the a'e of -0 !ears old.

e o direct respondents to pa! the salar!, allo#ance and other benefits of the petitioner as S6 Chairp

of Aaran'a! 0, Pasa! Cit!.F/G

Stripped of the non*essentials, the onl! issue in this case is the validit! of Resolution No. ?"

COME7EC.

Petitioner ar'ues that she #as deprived of due process #hen the COME7EC issued Resolut?" cancelin' her certificate of candidac!. She clai(s that the resolution #as intended to oust h

her position as S6 Chair(an #ithout an! appropriate action and proceedin's.

he COME7EC, on the other hand, defends its resolution b! invo1in' its ad(inistrative p

enforce and ad(inister election la#s. hus, in the e9ercise of such po#er, it (a! mot* proprio

cancel the certificates of candidac! of candidates #ho are found to be un;ualified for the position t

see1in'. he Co((ission further contends that the publication of COME7EC Resolution No

'overnin' the conduct of the :aranga+ and S6 elections in t#o ne#spapers of 'eneral circul

sufficient notice to the candidates re'ardin' the Co((issions ad(inistrative in;uir! into their cert

of candidac!.

he petition is i(pressed #ith (erit.

he COME7EC is an institution created b! the Constitution to 'overn the conduct of elections

ensure that the electoral process is clean, honest, orderl!, and peaceful. It is (andated to Uenfor

ad(inister all la#s and re'ulations relative to the conduct of an election, plebiscite, initiative, refer

and recall.F-HG &s an independent Constitutional Co((ission, it is clothed #ith the three po#

'overn(ent * e9ecutive or ad(inistrative, le'islative, and ;uasi*4udicial po#ers. he ad(in

po#ers of the COME7EC, for e9a(ple, include the po#er to deter(ine the nu(ber and location o

places, appoint election officials and inspectors, conduct re'istration of voters, deputi=e la# enfor

a'encies and 'overn(ent instru(entalities to ensure free, orderl!, honest, peaceful and

elections: re'ister political parties, or'ani=ation or coalitions, accredit citi=ens ar(s of the Co((

prosecute election offenses, and reco((end to the President the re(oval or i(position of an

disciplinar! action upon an! officer or e(plo!ee it has deputi=ed for violation or disre'ard of its d

order or decision. It also has direct control and supervision over all personnel involved in the con

election.F--G Its le'islative authorit! is found in its po#er to pro(ul'ate rules and re'ulations i(ple(

the provisions of the O(nibus Election Code or other la#s #hich the Co((ission is re;uired to eand ad(inister .F-3G he Constitution has also vested it #ith ;uasi*4udicial po#ers #hen it #as

e9clusive ori'inal 4urisdiction over all contests relatin' to the elections, returns and ;ualification

elective re'ional, provincial and cit! officials: and appellate 4urisdiction over all contests involvin' e

(unicipal officials decided b! trial courts of 'eneral 4urisdiction, or involvin' elective /aranga+

decided b! trial courts of li(ited 4urisdiction.F-G

















&side fro( the po#ers vested b! the Constitution, the Co((ission also e9ercises other po#ers

e9pressl! provided in the O(nibus Election Code, one of #hich is the authorit! to den! due course to or to

cancel a certificate of candidac!. he e9ercise of such authorit!, ho#ever, (ust be in accordance #ith the

conditions set b! la#.

he COME7EC asserts that it is authori=ed to mot* proprio den! due course to or cancel a

certificate of candidac! based on its broad ad(inistrative po#er to enforce and ad(inister all la#s and

re'ulations relative to the conduct of elections.

e disa'ree. he Co((ission (a! not, b! itself, #ithout the proper proceedin's, den! due course

to or cancel a certificate of candidac! filed in due for(. hen a candidate files his certificate of

candidac!, the COME7EC has a (inisterial dut! to receive and ac1no#led'e its receipt. his is provided

in Sec. " of the O(nibus Election Code, thus$

Sec. ". inisterial d*t+ of receiving and acknowledging receipt . * he Co((ission, provincial election

supervisor, election re'istrar or officer desi'nated b! the Co((ission or the board of election inspectors

under the succeedin' section shall have the (inisterial dut! to receive and ac1no#led'e receipt of the

certificate of candidac!.

he Court has ruled that the Co((ission has no discretion to 'ive or not to 'ive due course to petitioners

certificate of candidac!.F->G he dut! of the COME7EC to 'ive due course to certificates of candidac! filed

in due for( is (inisterial in character. hile the Co((ission (a! loo1 into patent defects in the

certificates, it (a! not 'o into (atters not appearin' on their face. he ;uestion of eli'ibilit! or ineli'ibilit!

of a candidate is thus be!ond the usual and proper co'ni=ance of said bod!.F-?G

Nonetheless, Section 0 of the O(nibus Election Code allo#s an! person to file before the

COME7EC a petition to den! due course to or cancel a certificate of candidac! on the 'round that an!

(aterial representation therein is false. It states$

Sec. 0. !etition to den+ d*e co*rse to or cancel a certificate of candidac+ . * & verified petition see1in' to

den! due course or to cancel a certificate of candidac! (a! be filed b! an! person e9clusivel! on the

'round that an! (aterial representation contained therein as re;uired under Section > hereof is false.

he petition (a! be filed at an! ti(e not later than t#ent!*five da!s fro( the ti(e of the filin' of the

certificate of candidac! and shall be decided, after notice and hearin', not later than fifteen da!s before

the election.

nder Rule 3 of the COME7EC Rules of Procedure, the petition shall be heard su((aril! after due

notice.

It is therefore clear that the la# (andates that the candidate (ust be notified of the petition a'ainst

hi( and he should be 'iven the opportunit! to present evidence in his behalf. his is the essence of due

process. Due process de(ands prior notice and hearin'. hen after the hearin', it is also necessar! that

the tribunal sho#s substantial evidence to support its rulin'. In other #ords, due process re;uires that a

part! be 'iven an opportunit! to adduce his evidence to support his side of the case and that the evidence

should be considered in the ad4udication of the case.F-"G In a petition to den! due course to or c

certificate of candidac!, since the proceedin's are re;uired to be su((ar!, the parties (a!, af

notice, be re;uired to sub(it their position papers to'ether #ith affidavits, counter*affidavits, an

docu(entar! evidence in lie* of oral testi(on!. hen there is a need for clarification of certain (a

the discretion of the Co((ission en /anc or Division, the parties (a! be allo#ed to cross*e9a(

affiants.F-G

Contrar! to the sub(ission of the COME7EC, the denial of due course or cancellation o

certificate of candidac! is not #ithin the ad(inistrative po#ers of the Co((ission, but rather calls

e9ercise of its ;uasi*4udicial functions. &d(inistrative po#er is concerned #ith the #or1 of a

policies and enforcin' orders as deter(ined b! proper 'overn(ental or'ans.F-0G e have

enu(erated the scope of the Co((issions ad(inistrative functions. On the other hand, #here a

rests in 4ud'(ent or discretion, so that it is of 4udicial nature or character, but does not involve the e

of functions of a 4ud'e, or is conferred upon an officer other than a 4udicial officer, it is dee(ed

4udicial.F-/G

he deter(ination #hether a (aterial representation in the certificate of candidac! is false o

the deter(ination #hether a candidate is eli'ible for the position he is see1in' involves a deter(ina

fact #here both parties (ust be allo#ed to adduce evidence in support of their contentions. Aeca

resolution of such fact (a! result to a deprivation of ones ri'ht to run for public office, or, as in th

ones ri'ht to hold public office, it is onl! proper and fair that the candidate concerned be notified

proceedin's a'ainst hi( and that he be 'iven the opportunit! to refute the alle'ations a'ainst

should be stressed that it is not sufficient, as the COME7EC clai(s, that the candidate be notified

Co((issions in;uir! into the veracit! of the contents of his certificate of candidac!, but he (ust

allo#ed to present his o#n evidence to prove that he possesses the ;ualifications for the office he s

In vie# of the fore'oin' discussion, #e rule that Resolution No. ?" and Resolution No

cancelin' petitioners certificate of candidac! #ithout proper proceedin's, are tainted #ith 'rave a

discretion and therefore void.

e need not rule on the ;uestion raised b! petitioner as re'ards the constitutionalit! of Sec

and of Republic &ct No. /-"> lo#erin' the a'e of (e(bership in the S6 as it is not the lis mot

case.

IN VIE /EREO%, COME7EC Resolution No. ?" pro(ul'ated on 2ul! -?, 3H

COME7EC Resolution No. ?0- issued on October , 3HH3 are hereb! SE &SIDE.

SO ORDERED.





















E N A N C

&OY C/RISMA . LUNA, Petitioner,

G.R. No. 1#"9$3

Present$

PNO, C.)., ISMAIN5,

JN&RES*S&NI&5O, S&NDOV&7*5IERREL,

C&RPIO, &SRI&*M&RINEL, * versus * CORON&,

C&RPIO MOR&7ES, C&77E2O, SR., &LCN&, IN5&, CBICO*N&L&RIO, 5&RCI&, VE7&SCO, 2R., and

COMMISSION ON ELECTIONS, N&CBR&, )) .

TOMAS LAYAO, SOLOMONLALUGAN III, NELIA LA5AGA,ANT/ONY LAYAO, CIPRIANO LAPE5,&R., VICTORIA LAYAO, MODERNOLAPE5, RODRIGO PARIAS, and Pro(ul'ated$EUGENIO CAER DONATO,

Respondents. &pril 3>, 3HH

D E C I S I O NCARPIO, J .'

T-* Ca*

Aefore this Court is a petition for certiorari F-G #ith pra!er for the issuance of a te(porar! resorder, #rit of preli(inar! in4unction or status ;uo order ;uestionin' the > 2une 3HH> ResolutioCo((ission on Elections +COME7EC )irst Division and the 33 Nove(ber 3HH> ResolutionCOME7EC $n :anc in SP& Case No. H>*H". he > 2une 3HH> Resolution denied due coursesubstitution of petitioner 2o! Chris(a A. 7una +7una for Bans Ro'er 7una +Bans Ro'er and declasubstitution invalid. he 33 Nove(ber 3HH> Resolution denied 7unas (otion for reconsideration.

T-* %a(

On -? 2anuar! 3HH>, 7una filed her certificate of candidac! for the position of viceof 7a'a!an, &bra as a substitute for Bans Ro'er, #ho #ithdre# his certificate of candidac! on thedate. Ruperto Alanco, Election Officer of 7a'a!an,&bra re(oved the na(e of Bans Ro'er fro( thcandidates and placed the na(e of 7una.

On 3H &pril 3HH>, private respondents o(as 7a!ao, Solo(on 7alu'an III, Nelia &nthon! 7a!ao, Cipriano 7ape=, 2r., Victoria 7a!ao, Moderno 7ape=, Rodri'o and Eu'enio Caber Donato +private respondents filed a petition for the cancellation of the certifcandidac! or dis;ualification of 7una. Private respondents alle'ed that 7una (ade a false representation in her certificate of candidac! because 7una is not a re'istered voter of 7a'a!an, &a re'istered voter of Aan'ued, &bra. Private respondents also clai(ed that 7unas certificandidac! #as not validl! filed because the substitution b! 7una for Bans Ro'er #as invalid. respondents alle'ed that Bans Ro'er #as onl! 3H !ears old on election da! and, therefore, hdis;ualified to run for vice*(a!or and cannot be substituted b! 7una. F3G

T-* COMELEC R6:+n

In the > 2une 3HH> Resolution, the COME7EC )irst Division 'ranted the petition and den

course to the substitution of 7una for Bans Ro'er. he COME7EC )irst Division ruled that, #hco(plied #ith the procedural re;uire(ents for substitution, Bans Ro'er #as not a valid candidate f(a!or. he COME7EC )irst Division pointed out that Bans Ro'er, bein' undera'e, FG did not file

certificate of candidac! and, thus, Bans Ro'er #as not a valid candidate for vice*(a!or #ho cosubstituted b! 7una. he COME7EC )irst Division also ruled that 7una #as not a re'istereof 7a'a!an, &bra and tha t this #as sufficient to dis;ualif! 7una fro( runnin' as vice*(a!or.

On 30 2une 3HH>, 7una filed a (otion for reconsideration #ith the COME7EC $n :anc . 7unathat the > 2une 3HH> Resolution #as issued in violation of her ri'ht to due process because she #'iven the opportunit! to present evidence on her behalf #ith the COME7EC )irst Division.

http://sc.judiciary.gov.ph/jurisprudence/2007/april2007/165983.htm#_ftn1










In the 33 Nove(ber 3HH> Resolution, the COME7EC $n :anc denied the (otion for reconsiderationand affir(ed #ith (odification the > 2une 3HH> Resolution. he COME7EC $n :anc affir(ed the findin'that Bans Ro'er, bein' undera'e, (a! not be validl! substituted b! 7una. he COME7EC $n :anc alsoruled that 7unas ri'ht to due process #as not violated because 7una #as notified of the petition and #as'iven the opportunit! to be heard. Bo#ever, the COME7EC $n :anc ruled that 7una #as a re'isteredvoter of 7a'a!an, &bra.

Bence, this petition.

In a Resolution dated -- 2anuar! 3HH?, #e re;uired the parties to (aintain the status ;uo prevailin'before the issuance of the assailed COME7EC resolutions pendin' the resolution of this petition. F>G

T-* I6*

7una raised the follo#in' issues$

-. hether the COME7EC co((itted 'rave abuse of discretion #hen it ruled that there #as no violation

of 7unas ri'ht to due process: and

3. hether the COME7EC co((itted 'rave abuse of discretion #hen it ruled that there #as no validsubstitution b! 7una for Bans Ro'er.

T-* Co6( R6:+n

he petition is partl! (eritorious.

Luna’s Right to Due Process was not Violated

7una contends that her ri'ht to due process #as violated because she #as not 'iven the opportunit!to present her evidence before the COME7EC )irst Division.

nder Rule 3 of the -// COME7EC Rules of Procedure, a petition to den! due course to or cancel a certificate of candidac! shall be heard su((aril! after due notice. he la# (andates that thecandidates (ust be notified of the petition a'ainst the( and should be 'iven the opportunit! to presentevidence on their behalf.F?G his is the essence of due process.

In this case, the COME7EC $n :anc stated that the records sho#ed that three da!s after thepetition #as filed, the Provincial Election Supervisor, as hearin' officer, #ith the assistance of thePhilippine National Police Provincial Co((and, tried to personall! serve a cop! of the petition to7una. Aut 7una refused to for(all! receive the petition. On 3" &pril 3HH>, the Office of the ProvincialElection Supervisor sent the notice via re'istered (ail and still 7una did not file an ans#er.

he Court finds that 7unas ri'ht to due process #as not violated. he COME7EC notified 7una of the petition filed a'ainst her and 7una #as 'iven the opportunit! to present evidence on her behalf. hisconstitutes co(pliance #ith the re;uire(ents of due process.

Substitution o Luna or !ans Roger was Valid

7una contends that Bans Ro'er filed a valid certificate of candidac! and, subse;uentl!, upon BansRo'ers #ithdra#al of his certificate of candidac!, there #as a valid substitution b! 7una.

On the other hand, the COME7EC ruled that Bans Ro'er, bein' under a'e, could not be con

to have filed a valid certificate of candidac! and, therefore, is not a valid candidate #ho cosubstituted b! 7una.

hen a candidate files his certificate of candidac!, the COME7EC has a (inisterial dut! to rand ac1no#led'e its receipt. Section " of the O(nibus Election Code +Election Code provides$

Sec. ". "inisterial dut# o receiving and ac$nowledging receipt .* he Co((ission,provincial election supervisor, election re'istrar or officer desi'nated b! the Co((ission or theboard of election inspectors under the succeedin' section shall have the (inisterial dut! toreceive and ac1no#led'e receipt of the certificate of candidac!.

In this case, #hen Bans Ro'er filed his certificate of candidac! on ? 2anuar! 3HH>, F"G the COhad the (inisterial dut! to receive and ac1no#led'e receipt of Bans Ro'ers certificandidac!. hus, the COME7EC had the (inisterial dut! to 'ive due course to Bans Ro'ers certicandidac!.FG

On -? 2anuar! 3HH>, Bans Ro'er #ithdre# his certificate of candidac!. he Election Code aperson #ho has filed a certificate of candidac! to #ithdra# the sa(e prior to the election b! sub(#ritten declaration under oath.F0G here is no provision of la# #hich prevents a candidate fro( #ithdhis certificate of candidac! before the election. F/G

On the sa(e date, 7una filed her certificate of candidac! as substitute for Bans Ro'er. Se

of the Election Code prescribes the rules on substitution of an official candidate of a re'istered part! #ho dies, #ithdra#s, or is dis;ualified for an! cause after the last da! for the filin' of certifcandidac!. Section of the Election Code provides$

Sec. . Candidates in case o death, dis%ualiication or withdrawal o another . * If after the last da! for the filin' of certificates of candidac!, an official candidate of a re'istered or accredited political part! dies, #ithdra#s or is dis;ualified for an! cause, onl! a person belon'in'to, and certified b!, the sa(e political part! (a! file a certificate of candidac! to replace thecandidate #ho died, #ithdre# or #as dis;ualified. he substitute candidate no(inated b! thepolitical part! concerned (a! file his certificate of candidac! for the office affected in accordance#ith the precedin' sections not later than (id*da! of election da! of the election. If the death,#ithdra#al or dis;ualification should occur bet#een the da! before the election and (id*da! of election da!, said certificate (a! be filed #ith an! board of election inspectors in the politicalsubdivision #here he is a candidate, or, in the case of candidates to be voted for b! the entireelectorate of the countr!, #ith the Co((ission. Since Bans Ro'er )+(-d*) his certificate of candidac! and the COME7EC found that 7una c#ith all the procedural re;uire(ents for a valid substitution, F-HG 7una can validl! substitute for Bans R

he COME7EC acted #ith 'rave abuse of discretion a(ountin' to lac1 or e9cess of 4urisdideclarin' that Bans Ro'er, bein' under a'e, could not be considered to have filed a valid certifcandidac! and, thus, could not be validl! substituted b! 7una. he COME7EC (a! not, b! itself,the proper proceedin's, den! due course to or cancel a certificate of candidac! filed in duF--G In anchez v. el 'osario,F-3G the Court ruled that the ;uestion of eli'ibilit! or ineli'ibilit! of a cafor non*a'e is be!ond the usual and proper co'ni=ance of the COME7EC.



























Section >F-G of the Election Code provides that the certificate of candidac! shall state, a(on'others, the date of birth of the person filin' the certificate. Section 0F->G of the Election Code provides thatin case a person filin' a certificate of candidac! has co((itted false (aterial representation, a verifiedpetition to den! due course to or cancel the certificate of candidac! of said person (a! be filed at an! ti(enot later than 3? da!s fro( the ti(e of filin' of the certificate of candidac!.

If Bans Ro'er (ade a (aterial (isrepresentation as to his date of birth or a'e in his certificate of candidac!, his eli'ibilit! (a! onl! be i(pu'ned throu'h a verified petition to den! due course to or cancelsuch certificate of candidac! under Section 0 of the Election Code.

In this case, there #as no petition to den! due course to or cancel the certificate of candidac! of Bans Ro'er. he COME7EC onl! declared that Bans Ro'er did not file a valid certificate of candidac!and, thus, #as not a valid candidate in the petition to den! due course to or cancel 7unascertificate of candidac!. In effect, the COME7EC, #ithout the proper proceedin's, cancelled BansRo'ers certificate of candidac! and declared the substitution b! 7una invalid.

It #ould have been different if there #as a petition to den! due course to or cancel Bans Ro'erscertificate of candidac!. )or if the COME7EC cancelled Bans Ro'ers certificate of candidac! after theproper proceedin's, then he is no candidate at all and there can be no substitution of a person #hosecertificate of candidac! has been cancelled and denied due course. F-?G Bo#ever, Bans Ro'ers certificateof candidac! #as never cancelled or denied due course b! the COME7EC.

Moreover, Bans Ro'er alread! #ithdre# his certificate of candidac! before the COME7EC declaredthat he #as not a valid candidate. herefore, unless Bans Ro'ers certificate of candidac! #as denieddue course or cancelled in accordance #ith Section 0 of the Election Code, Bans Ro'ers certificate of candidac! #as valid and he (a! be validl! substituted b! 7una.

/ERE%ORE, #e PARTLY GRANT the petition. e A%%IRM the rulin' of the COME7EC $n

:anc that there #as no violation of petitioner 2o! Chris(a A. 7unas ri'ht to due process. e SETASIDE the rulin' of the COME7EC $n :anc that the substitution b! petitioner 2o! Chris(a A. 7una for Bans Ro'er 7una #as invalid. Petitioner 2o! Chris(a A. 7una validl! substituted for Bans Ro'er 7una.

SO ORDERED.

EN A&NC

G.R. No. L!30! O(o* !", 194$

ISAIAS YCAIN, recurrente*apelante, vs. PALO CANE&A, recurrido*apelado.

. Antonio ontilla en representacion del rec*rrente#apelante.

. ateo Canono+ en representacion del rec*rrido#apelado

PALO, J.: chanrobles virtual la# librar!

Se trata de una apelacion interpuesta por el recurrente contra la orden del 2u='ado de Pri(era Instancia

de 7e!te sobrese!endo su protesta electoral.chanroblesvirtuala#librar! chanrobles virtual la# librar!

Del convenio de hechos entresaca(os los si'uientes por orden cronolo'ico$chanrobles virtual la#

Ari'ido Cane4a e Isaias Jcain presentaron su certificado de candidatura para el car'o de &lcalde d

(unicipio de Naval, 7e!te, dentro del periodo prescrito por la le!.chanroblesvirtuala#librar! chanro

virtual la# librar!

Ari'ido Cane4a solicito su inscripcion co(o elector ! la 2unta de Inspectores la dene'o por;ue no h

tenido seis (eses de residencia. Esta decision ha sido confir(ada por el 2u='ado de Pri(era Insta

de 7e!te en su decision de 3> de Octubre de -/>.chanroblesvirtuala#librar! chanrobles virtual la#

librar!

Pablo Cane4a presento en > de Novie(bre su certificado de candidatura para el car'o de alcalde: p

Secretario Municipal lo rehuso por haber sido presentado fuera del tie(po fi4ado por la

le!.chanroblesvirtuala#librar! chanrobles virtual la# librar!

En de Novie(bre de -/>, Ari'ido Cane4a envio una co(unicacion al Secretario Municipal dando

cuenta de ;ue habia enviado a todas las 2untas de Escrutinio de todos los precintos electorales de

(unicipio una notificacion de ;ue habia retirado su candidatura.chanroblesvirtuala#librar! chanrob

virtual la# librar!

En / de Novie(bre de -/>, la Co(ision Electoral envio un tele'ra(a al )iscal Provincial de 7e!te

tenor si'uiente$

)ollo#in' tele'ra( #as sent b! us to Municipal Secretar! of Naval ;uote reurs -0th instant please

due course to certificate candidac! of Pablo Cane4a for (a!or that (unicipalit! so that he (a! be v

for and votes cast his favor counted un;uote please see that he co(plies b! acceptin' and 'ivin' d

course to certificate candidac! of Pablo Cane4a. +E9hibit ).

Obrando de acuerdo con este tele'ra(a trans(itido por el )iscal Provincial, el Secretario Municipa

curso al certificado de candidatura de Pablo Cane4a.chanroblesvirtuala#librar! chanrobles virtual la

librar!

En 3 de Dicie(bre de -/>, la 2unta Municipal de Escrutinio procla(o electo alcalde a Pablo Can

con una (a!oria de > votos sobre su contrincante Isaias Jcain, ! en de Enero del si'uiente ao,

presento su protesta ;ue fue sobreseida despues de la vista

correspondiente.chanroblesvirtuala#librar! chanrobles virtual la# librar!

En apelacion, el recurrente contiende ;ue los votos ad4udicados al protestado son nulos ! de nin'u! deben ser considerados co(o votos desperdi'ados por la ra=on de ;ue el protestado no presento

certificado de candidatura dentro del ter(ino le'al, o sea, en o antes del -3 de Septie(bre de -/>

solo lo presento el > del (is(o (es de Novie(bre ! el articulo - del Codi'o Electoral Revisado d

;ue$ <Nin'una persona sera ele'ible a (enos ;ue, dentro del pla=o f i4ado por la le!, presente un









certificado de candidatura debida(ente suscrito ! 4urado:< ;ue el protestado, por ineli'ible, no tiene

derecho a ocupar el car'o de alcalde.chanroblesvirtuala#librar! chanrobles virtual la# librar!

Es verdad ;ue el recurrido presento su certificado de candidatura dentro del ter(ino le'al, o sea, en o

antes del -3 de Septie(bre de -/>: ;ue solo lo presento el > del (is(o (es de Novie(bre ! el articulo

- del Codi'o Electoral Revisado dispone ;ue$ <Nin'una persona sera ele'ible a (enos ;ue, dentro del

pla=o fi4ado por la le!, presente un certificado de candidatura debida(ente suscrito ! 4urado:< ;ue el

protestado, por ineli'ible, no tiene derecho a ocupar el car'o de

alcalde.chanroblesvirtuala#librar! chanrobles virtual la# librar!

Es verdad ;ue el recurrido presento su certificado de candidatura el > de Novie(bre de -/>, pero co(o

fue recha=ado no puede ser considerado co(o certificado de candidatura para los fines le'ales, sino

co(o un si(ple peda=o de papel ;ue lo tiene el candidato en su bolsillo. Para ;ue un certificado de

candidatura pueda considerarse co(o tal son necesarios dos actos$ +- su presentacion, ! +3 la

aceptacion por el funcionario autori=ado por la le! dandole el curso correspondiente. Si no fuese por la

intervencion de la Co(ision Electoral ! del )iscal Provincial de 7e!te, el Secretario Municipal no hubiera

dado curso al certificado de candidatura de Pablo Cane4a en / de Novie(bre. El articulo ", parrafo + c

dispone ;ue$ <7os certificados de candidatura para car'os (unicipales se presentaran al secretario

(unicipal, ;uien enviara in(ediata(ente copias de los (is(os a los cole'ios electorales

correspondientes, al secretario de la 4unta provincial ! a la Co(ision de Elecciones.< El certificado de

candidatura de Pablo Cane4a pues sola(ente fue debida(ente presentado, de acuerdo con la le!, el / de

Novie(bre, al se'undo dia despues ;ue Ari'ido Cane4a habia !a retirado su certificado de candidatura. El

articulo 0 del Codi'o Electoral Revisado dispone ;ue$ <Si, despues de e9pirado el pla=o para la

presentacion de certificados de candidatura, falleciere o ;uedare inhabilitado un candidato con certificado

de candidatura debida(ente presentado, cual;uier ciudadano le'al(ente habilitado podra presentar un

certificado de candidatura para el car'o al cual era candidato el difunto o inhabilitado de confor(idad con

los articulos anteriores en o antes del (ediodia del dia de la eleccion.< El certificado de candidatura,

pues, de Pablo Cane4a se ha presentado de acuerdo con esta disposicion de la

le!.chanroblesvirtuala#librar! chanrobles virtual la# librar!

El recurrente ar'u!e ;ue la presentacion del certificado de candidatura de un candidato en sustitucion de

otro es sola(ente per(isible cuando el pri(er candidato fallece o ;ueda inhabilitado: ;ue si Ari'ido

Cane4a ;uedo inhabilitado para votar por decision del 2u='ado de Pri(era Instancia, !, por tanto,

inhabilitado para ser candidato, esa inhabilitacion !a e9istia aun antes de la retirada de su candidatura.

No fue la falta de residencia la ;ue le inhabilito a Ari'ido Cane4a, sino la retirada de su candidatura. Ba!

varias causas de inhabilitacion +dis;ualification para ;ue una persona sea ineli'ible$ la falta de

residencia, la de no contar con la edad (arcada por la le!: la falta de certificado de candidatura ! otras

(uchas. 7a retirada de un certificado de candidatura por un candidato le hace ineli'ible para el car'o al

cual es candidato$ ;ueda inhabilitado para ser candidato. &l retirar Ari'ido Cane4a su certificado decandidatura en de Novie(bre, ;uedo inhabilitado para ser candidato: por tanto, otro, en sustitucion de

el, podia presentar el su!o$ ! asi lo ha hecho Pablo Cane4a. En el asunto de Cl*tario contra La Comision

de $lecciones, 5.R. No. 7*-H>, Novie(bre ?, -/>, este ribunal resolvio ;ue <& re'istered candidate,

once he has #ithdra#n his certificate of candidac!, beco(es 8dis;ualified,8 under section 0 and others of

the Election Code. One of the indispensable 8;ualifications8 for eli'ibilit! is the filin' of a certificate of

candidac!, as e9pressl! provided b! section - of the Revised Election Code: and a candidate, #ho

#ithdra#n his certificate of candidac!, is dis;ualified to be elected for a position for #hich he has no

certificate of candidac! filed in accordance #ith la#.<chanrobles virtual la# librar!

Conclui(os ;ue Pablo Cane4a no es ineli'ible$ debe ocupar el car'o ;ue la voluntad del electorado

Naval le ha conferido. I(pedir ;ue un ciudadano presente su certificado de candidatura despues de

e9pirado el pla=o fi4ado por la le! ! despues ;ue el candidato re'istrado ha!a retirado su certificado

poner en (anos de este individuo * a su artitrio ! capricho * el sufra'io popular. Co(o nadie puede

i(pedirle a retirar su certificado de candidatura * con fines aviesos o 4ustificados * es sola(ente 4us

una de(ocracia per(itir ;ue otro se presente en su lu'ar, para ;ue el electorado ten'a oportunidad

e9presar por (edio de las balotas su libre voluntad. I(pedir ;ue al'uien presente su candidatura e

se(e4ante caso es sancionar la eleccion del unico candidato restante con un solo voto, el su!o. Es

absurdo ba4o un re'i(en en ;ue la opinion publica debe ser debida(ente

atendida.chanroblesvirtuala#librar! chanrobles virtual la# librar!

Se confir(a la orden apelada con costas contra el apelante.

EN A&NC

Ma! 30, -/>/

5.R. No. 7*3?/

&OSE P. MONSALE, protestant*appeal,vs.

PAULINO M. NICO, protestee*appellant.

Cirio apa, )r. and )ose Gaton for appellant.

Feli% 9. acalalang for appellee.

O5AETA, J.'

his is appeal b! the protestee fro( a decision of the Court of instance of Iloilo declarin' the protes

elected (unicipal (a!or of Mia'ao as a result of the 'eneral elections held on Nove(ber --, -/>.

It appears that the protestant #ithdre# his certificate of candidac! on October -H, -/>, but on Nov

, atte(pted to revive it b! #ithdra#in' his #ithdra#al. he co((ission on Election, ho#ever, rulesNove(ber 0 thatthe protestant could no lon'er be a candidate in spite of his desire to #ithdra#al. &

canvass of the election returns sho#ed that the protestee Paulino M. Nico received 3,3/- votes: an

candidate, 5re'orio )a'utao-3", votes: and the protestant 2ose ). Monsale, none, evidentl! becau

vote cast in his favor had not been counted for the reason that he #as not a re'istered candidate.

Conse;uentl!, Nico #as proclai(ed elected.



he pivotal ;uestion presented in this appeal is #hether a candidate #ho has #ithdra#n his certificate of

candidac! (a! revive it, either b! #ithdra#in' his letter of #ithdra#al or b! fillin' a ne# certificate of

candidac!, after the deadline provided b! la# for the fillin' of such certificate.

Section - of the Revised Election Code + Republic &ct No. -0H providesthat <no person shall /e eligi/le

*nless, #ithin the ti(e fi9ed b! la#, he files a dut! si'ned and s#orn certificate of candidac!.< Section "

provides that <at least si9t! da!s before a re'ular election and thirt! da!s at least before a special election,

the . . . certificates of candidac! for (unicipal offices shall be filed #ith the (unicipal secretar!, #ho shall

i((ediatel! send copies thereof to the pollin' place concerned, to the secretar! of the provincial board

and to the Co((ission on Elections.< Section 0 further that <if, after the e9piration of the ti(e li(it for

fillin' certificate of candidac!, a candidate #ith a certificate of candidac! dul! filed should die or beco(e

dis;ualified, an! le'all! ;ualified citi=en (a! file a certificate of candidac! for the office for #hich thedeceased or dis;ualified person #as a candidate in accordance #ith the precedin' section on or before

(idda! of the da! of the election, and, if the death or dis;ualification should occur bet#een the da! before

the election and the (idda! of election da!, said certificate (a! be filed #ith an! board of inspection of the

political division #here he is a candidate or in the case of candidates to be voted for b! the entire

electorate, #ith the Co((ission on Elections.<

In the present case the protestant #ithdre# his certificate of candidac! on October -H, -/>, and

re;uested the Co((ission on Election that it <be considered as thou'h it has never been filed at all.<

here is no ;uestion as to the ri'ht off a candidate to #ithdra# or annul his o#n certificate of candidac!,

there bein' no le'al prohibition a'ainst such #ithdra#al. herefore, on October -H, or thirt!*on da!s

before the election, the protestant ceased to be candidate b! his o#n voluntar! act, and as a (atter of

facts the boards of election inspectors of the (unicipalit! of Mia'ao #e dul! notified of his letter to the

Co((ission on Election dated Nove(ber ", -/>, #hich subscribed and s#ore to before a notar! public

on Nove(ber , #hereb! he #ithdre# his #ithdra#al of his certificate of candidac!, can onl! be

considered as a ne# certificate of candidac! #hich, havin' been filed onl! four da!s before the election,

could not le'all! be accepted under the la#, #hich e9pressl! provides that such certificate should be filed

at si9t! da!s before the election.

he evident purposes of the la# in re;uirin' the fillin' of certificates of candidac! and in fi9in' a ti(e li(it

therefor are +a to enable the voter to 1no#, at least si9t! da!s before a re'ular election the candidate

a(on' #ho( the! are to (a1e the choice, and +/ to avoid confusion and inconvenience in the tabulation

of the votes cast: for if the la# did not confine the choice or election b! the voter to dul! re'istered

candidates, there (i'ht be as (an! person voted for as there #ere voters, and votes (i'ht be cast even

for un1no#n or fictitious person as a (ar1 to identif! the votes in favor of a candidate for another office in

the sa(e election.

he onl! instance #herein the la# per(it the fillin' of a certificate ofcandidac! after the e9piration of theti(e li(it for filin' it is #hen a candidate #ith a certificate of candidac! dut! filed dies or beco(es

dis;ualified.

he Co((ission on Election #as, therefore, ri'ht in holdin' as it did that the protestant <can no lon'er be

a candidate in spite of h is desire to #ithdra# his #ithdra#al.< In the case Cl*tario vs. Commission on

$lections, 5.R. No. 7*-H>, this court sustained the rulin' of said co((ission upon si(ilar facts tha

o#n voluntar! act and deed petitioner has nullified his certificate of candidac! and in the li'ht of the

election la#s such certificate of candidac! has been definitel! #ithdra#n hence none9istin'.<

nder section -> of the Revised Election Code, <a petition contestin' the election of a provincial o

(unicipal officer*elect shall be filed #ith the Court of )irst Instance of the province b! an! candidate

for insaid election and who has presented a certificate of candidac+ .< his clearl! i(plies that a can

voted for #ho has not presented a certificate of candidac! has no ri'ht to contest the election. In oth

#ords, the herein protestant, not bein' a re'istered candidate, has no standin' before the court.

he 4ud'(ent appealed fro( is reversed and the protest is ordered dis(issed #ith costs a'ainst the

appellee. So ordered.

EN A&NC

;G.R. No. 1!4$93. A=+: 1$, 1997<

LYNETTE G. GARVIDA, petitioner, vs. %LORENCIO G. SALES, &R., T/E /ONOCOMMISSION ON ELECTIONS, ELECTION O%%ICER DIONISIO %. RIOS and PROVSUPERVISOR NOLI PIPO,respondents.

D E C I S I O N

PUNO, J .'

Petitioner 7!nette 5. 5arvida see1s to annul and set aside the order dated Ma! 3, -

respondent Co((ission on Elections +COME7EC en /anc suspendin' her procla(ation as t

elected Chair(an of the San''unian' 6abataan of Aaran'a! San 7oren=o, Municipalit! of Aan'ui

Norte.

he facts are undisputed. he San''unian' 6abataan +S6 elections nation#ide #as sche

be held on Ma! ", -//". On March -", -//", petitioner applied for re'istration as (e(ber and

the 6atipunan n' 6abataan of Aaran'a! San 7oren=o, Aan'ui, Ilocos Norte. he Aoard of E

ellers, ho#ever, denied her application on the 'round that petitioner, #ho #as then t#ent!*one !e

ten +-H (onths old, e9ceeded the a'e li(it for (e(bership in the 6atipunan n' 6abataan as laid d

Section FbG of COME7EC Resolution No. 303>.

On &pril 3, -//", petitioner filed a <Petition for Inclusion as Re'istered 6abataan' Me(b

Voter< #ith the Municipal Circuit rial Court, Aan'ui*Pa'udpud*&da(s*Da(alne', Ilocos Nor

http://philippinelaw.info/statutes/ra180-revised-election-code.html

http://philippinelaw.info/statutes/ra180-revised-election-code.html







6abataan +S6 co(posed of a chair(an and seven + (e(bers #ho are elected b! the 6atipunan n'

6abataan.F30G

he chair(an auto(aticall! beco(es e9*officio (e(ber of the San''unian' Aaran'a!.F3/G &

(e(ber of the S6 holds office for a ter( of three + !ears, unless sooner re(oved for cause, or

beco(es per(anentl! incapacitated, dies or resi'ns fro( office.FHG

Me(bership in the 6atipunan n' 6abataan is sub4ect to specific ;ualifications laid do#n b! the 7ocal

5overn(ent Code of -//-, vizB

<ec. D. ?atip*nan ng ?a/ataan. ** he 1atipunan n' 1abataan shall be co(posed of all citi=ens

of the Philippines actuall! residin' in the baran'a! for at least si9 +" (onths, #ho are fifteen +-? but

not (ore than t#ent!*one +3- !ears of a'e, and #ho are dul! re'istered in the list of the

san''unian' 1abataan or in the official baran'a! list in the custod! of the baran'a! secretar!.<

& (e(ber of the 6atipunan n' 6abataan (a! beco(e a candidate for the San''unian' 6abataan if he

possesses the follo#in' ;ualifications$

<ec. D. *alifications. ** &n elective official of the san''unian' 1abataan (ust be a citi=en of the

Philippines, a ;ualified voter of the 1atipunan n' 1abataan, a resident of the baran'a! for at least one

+- !ear i((ediatel! prior to election, at least fifteen +-? !ears but not (ore than t#ent!*one +3-

!ears of a'e on the da! of his election, able to read and #rite )ilipino, En'lish, or the local dialect,

and (ust not have been convicted of an! cri(e involvin' (oral turpitude.<

nder Section >3> of the 7ocal 5overn(ent Code, a (e(ber of the 6atipunan n' 6abataan (ustbe$ +a a )ilipino citi=en: +b an actual resident of the baran'a! for at least si9 (onths: +c -? but not

(ore than 3- !ears of a'e: and +d dul! re'istered in the list of the San''unian' 6abataan or in the

official baran'a! list. Section >30 of the Code re;uires that an elective official of the San''unian'

6abataan (ust be$ +a a )ilipino citi=en: +b a ;ualified voter in the 6atipunan n' 6abataan: +c a

resident of the baran'a! at least one +- !ear i((ediatel! precedin' the election: +d at least -? !ears

but not (ore than 3- !ears of a'e on the da! of his election: +e able to read and #rite: and +f (ust not

have been convicted of an! cri(e involvin' (oral turpitude.

)or the Ma! ", -//" S6 elections, the COME7EC interpreted Sections >3> and >30 of the 7ocal

5overn(ent Code of -//- in Resolution No. 303> and defined ho# a (e(ber of the 6atipunan n'

6abataan beco(es a ;ualified voter and an elective official. hus$

<ec. E. *alifications of a voter. ** o be ;ualified to re'ister as a voter in the S6 elections, aperson (ust be$

a a citi=en of the Philippines:

b fifteen +-? but not (ore than t#ent!*one +3- !ears of a'e on election da!, that is, he (ust have

born bet#een Ma! ", -/? and Ma! ", -/0-, inclusive: and

c a resident of the Philippines for at least one +- !ear and actuall! residin' in the baran'a! #herei

proposes to vote for at least si9 +" (onths i((ediatel! precedin' the elections.<

9 9 9

<Sec. ". ualifications of elective (e(bers. ** &n elective official of the S6 (ust be$

a a ;ualified voter:

b a resident in the baran'a! for at least one +- !ear i((ediatel! prior to the elections: and

c able to read and #rite )ilipino or an! Philippine lan'ua'e or dialect or En'lish.

Cases involvin' the eli'ibilit! or ;ualification of candidates shall be decided b! the cit!@(unicipal

Election Officer +EO #hose decision shall be final.<

& (e(ber of the 6atipunan n' 6abataan (a! be a ;ualified voter in the Ma! ", -//" S6 electio

is$ +a a )ilipino citi=en: +b -? but not (ore than 3- !ears of a'e on election da!, i.e., the voter (

born bet#een Ma! ", -/? and Ma! ", -/0-, inclusive: and +c a resident of the Philippines for

one +- !ear and an actual resident of the baran'a! at least si9 +" (onths i((ediatel! preced

elections. & candidate for the S6 (ust$ +a possess the fore'oin' ;ualifications of a voter: +

resident in the baran'a! at least one +- !ear i((ediatel! precedin' the elections: and +c able

and #rite.

E9cept for the ;uestion of a'e, petitioner has all the ;ualifications of a (e(ber and voter

6atipunan n' 6abataan and a candidate for the San''unian' 6abataan. Petitioner8s a'e is ad

be!ond the li(it set in Section FbG of COME7EC Resolution No. 303>. Petitioner, ho#ever, ar'u

Section FbG of Resolution No. 303> is unla#ful, ultra vires and be!ond the scope of Sections >

>30 of the 7ocal 5overn(ent Code of -//-. She contends that the Code itself does not provide

voter (ust be e9actl! 3- !ears of a'e on election da!. She ur'es that so lon' as she did not turn

t#o +33 !ears old, she #as still t#ent!*one !ears of a'e on election da! and therefore ;ualifie

(e(ber and voter in the 6atipunan n' 6abataan and as candidate for the S6 elections.

& closer loo1 at the 7ocal 5overn(ent Code #ill reveal a distinction bet#een the (a9i(u( a

(e(ber in the 6atipunan n' 6abataan and the (a9i(u( a'e of an elective S6 official. Sectionthe Code sets a (e(ber8s (a9i(u( a'e at 3- !ears onl!. here is no further provision as to #

(e(ber shall have turned 3- !ears of a'e. On the other hand, Section >30 provides that the (

a'e of an elective S6 official is 3- !ears old <on the da! of his election.< he addition of the phr

the da! of his election< is an additional ;ualification. he (e(ber (a! be (ore than 3- !ears of

election da! or on the da! he re'isters as (e(ber of the 6atipunan n' 6abataan. he elective

http://sc.judiciary.gov.ph/jurisprudence/1997/apr1997/124893.htm#_edn28










ho#ever, (ust not be (ore than 3- !ears old on the da! of election. he distinction is understandable

considerin' that the Code itself provides (ore ;ualifications for an elective S6 official than for a (e(ber

of the 6atipunan n' 6abataan. issimil*m dissimilis est ratio.F-G he courts (a! distin'uish #hen there

are facts and circu(stances sho#in' that the le'islature intended a distinction or ;ualification. F3G

he ;ualification that a voter in the S6 elections (ust not be (ore than 3- !ears of a'e on the da!

of the election is not provided in Section >3> of the 7ocal 5overn(ent Code of -//-. In fact the ter(

<;ualified voter< appears onl! in COME7EC Resolution No. 303>.FG Since a <;ualified voter< is not

necessaril! an elective official, then it (a! be assu(ed that a <;ualified voter< is a <(e(ber of the

6atipunan n' 6abataan.< Section >3> of the Code does not provide that the (a9i(u( a'e of a (e(ber

of the 6atipunan n' 6abataan is deter(ined on the da! of the election. Section FbG of COME7EC

Resolution No. 303> is therefore ultra vires insofar as it sets the a'e li(it of a voter for the S6 elections ate9actl! 3- !ears on the da! of the election.

he provision that an elective official of the S6 should not be (ore than 3- !ears of a'e on the da!

of his election is ver! clear. he 7ocal 5overn(ent Code spea1s of !ears, not (onths nor da!s. hen

the la# spea1s of !ears, it is understood that !ears are of "? da!s each. F>G One born on the first da! of

the !ear is conse;uentl! dee(ed to be one !ear old on the "?th da! after his birth ** the last da! of the

!ear .F?G In co(putin' !ears, the first !ear is reached after co(pletin' the first "? da!s. &fter the first

"?th da!, the first da! of the second "?*da! c!cle be'ins. On the "?th da! of the second c!cle, the

person turns t#o !ears old. his c!cle 'oes on and on in a lifeti(e. & person turns 3- !ears old on the

"?th da! of his 3-st "?*da! c!cle. his (eans on his 3-st birthda!, he has co(pleted the entire span

of 3- "?*da! c!cles. &fter this birthda!, the "?*da! c!cle for his 33nd !ear be'ins. he da! after the

"?th da! is the first da! o f the ne9t "?*da! c!cle and he turns 33 !ears old on the "?th da!.

he phrase <not (ore than 3- !ears of a'e< (eans not over 3- !ears, not be!ond 3- !ears. It

(eans 3- "?*da! c!cles. It does not (ean 3- !ears and one or so(e da!s or a fraction of a !ear

because that #ould be (ore than 3- "?*da! c!cles. <Not (ore than 3- !ears old< is not e;uivalent to

<less than 33 !ears old,< contrar! to petitioner8s clai(s. he la# does not state that the candidate be less

than 33 !ears on election da!.

In P.D. "0>, the la# that created the 6abataan' Aaran'a!, the a'e ;ualification of a baran'a! !outh

official #as e9pressl! stated as <9 9 9 at least fifteen !ears of a'e or over but less than ei'hteen 9 9

9.<F"G his provision clearl! states that the !outh official (ust be at least -? !ears old and (a! be - !ears

and a fraction of a !ear but should not reach the a'e of ei'hteen !ears. hen the 7ocal 5overn(ent

Code increased the a'e li(it of (e(bers of the !outh or'ani=ation to 3- !ears, it did not reenact the

provision in such a #a! as to (a1e the !outh <at least -? but less than 33 !ears old.< If the intention of

the Code8s fra(ers #as to include citi=ens less than 33 !ears old, the! should have stated so e9pressl!

instead of leavin' the (atter open to confusion and doubt.FG

)or(er Senator &;uilino . Pi(entel, the sponsor and principal author of the 7ocal 5overn(ent

Code of -//- declared that one of the reasons #h! the 6atipunan n' 6abataan #as created and the

6abataan' Aaran'a! discontinued #as because (ost, if not all, 6abataan' Aaran'a! leaders #ere

alread! over 3- !ears of a'e b! the ti(e President &;uino assu(ed po#er .F0G he! #ere not the <!outh<

an!(ore. he 7ocal 5overn(ent Code of -//- fi9ed the (a9i(u( a'e li(it at not (ore t

!earsF/G and the onl! e9ception is in the second para'raph of Section >3 #hich reads$

<Sec. >3. Creation and Election. ** a 9 9 9:

b & san''unian' 1abataan official #ho, durin' his ter( of office, shall have passed the a'e of

t#ent!*one +3- !ears shall be allo#ed to serve the re(ainin' portion of the ter( for #hich he #as

elected.<

he 'eneral rule is that an elective official of the San''unian' 6abataan (ust not b

than 3- !ears of a'e on the da! of his election. he onl! e9ception is #hen the official reaches the

3- !ears durin' his incu(benc!. Section >3 FbG of the Code allo#s hi( to serve the re(ainin' po

the ter( for #hich he #as elected. &ccordin' to Senator Pi(entel, the !outh leader (ust have

elected prior to his 3-st birthda!.< F>HG Conversel!, the S6 official (ust not have turned 3- !ears old

his election. Readin' Section >3 FbG to'ether #ith Section >30 of the Code, the latest date at #

S6 elective official turns 3- !ears old is on the da! of his election. he (a9i(u( a'e of a !outh

(ust therefore be e9actl! 3- !ears on election da!. Section FbG in relation to Section " FaG of CO

Resolution No. 303> is not ultra vires insofar as it fi9es the (a9i(u( a'e of an elective S6 officia

da! of his election.

In the case at bar, petitioner #as born on 2une --, -/>. On March -", -//", the da! she re'

as voter for the Ma! ", -//" S6 elections, petitioner #as t#ent!*one +3- !ears and nine +/

old. On the da! of the elections, she #as 3- !ears, -- (onths and ? da!s old. hen she assu(e

on 2une -, -//", she #as 3- !ears, -- (onths and 3H da!s old and #as (erel! ten +-H da!s a#

turnin' 33 !ears old. Petitioner (a! have ;ualified as a (e(ber of the 6atipunan n' 6abatdefinitel!, petitioner #as over the a'e li(it for elective S6 officials set b! Section >30 of the

5overn(ent Code and Sections FbG and " of Co(elec Resolution No. 303>. She #as ineli'ible

as candidate for the Ma! ", -//" San''unian' 6abataan elections.

he re;uire(ent that a candidate possess the a'e ;ualification is founded on public polic! a

lac1s the a'e on the da! of the election, he can be declared ineli'ible.F>-G

In the sa(e vein, if the candidate is over the (a9i(u( a'e li(it on the da! of the electio

ineli'ible. he fact that the candidate #as elected #ill not (a1e the a'e re;uire(ent director!, n

validate his election.F>3G he #ill of the people as e9pressed throu'h the ballot cannot cure the

ineli'ibilit!.F>G

he ineli'ibilit! of petitioner does not entitle private respondent, the candidate #ho obtai

hi'hest nu(ber of votes in the Ma! ", -//" elections, to be declared elected .F>>G & defeated ca

cannot be dee(ed elected to the office. F>?G Moreover, despite his clai(s,F>"G private respondent has

prove that the electorate the(selves actuall! 1ne# of petitioner8s ineli'ibilit! and that the! (a

voted for her #ith the intention of (isappl!in' their franchises and thro#in' a#a! their votes

benefit of her rival candidate. F>G












































Neither can this Court order that pursuant to Section >? of the 7ocal 5overn(ent Code petitioner

should be succeeded b! the San''unian' 6abataan (e(ber #ho obtained the ne9t hi'hest nu(ber of

votes in the Ma! ", -//" elections. F>0G Section >? applies #hen a San''unian' 6abataan Chair(an

<refuses to assu(e office, fails to ;ualif!,F>/G is convicted of a felon!, voluntaril! resi'ns, dies, is

per(anentl! incapacitated, is re(oved fro( office, or has been absent #ithout leave for (ore than three

+ consecutive (onths.<

he ;uestion of the a'e ;ualification is a ;uestion of eli'ibilit!. F?HG

Aein' <eli'ible< (eans bein' <le'all! ;ualified: capable of bein' le'all! chosen.<F?-G

Ineli'ibilit!, on the other hand, refers to the lac1 of the ;ualifications prescribed in the Constitution

or the statutes for holdin' public office. F?3G Ineli'ibilit! is not one of the 'rounds enu(erated in Section >?

for succession of the S6 Chair(an.

o avoid a hiatus in the office of S6 Chair(an, the Court dee(s it necessar! to order that the

vacanc! be filled b! the S6 (e(ber chosen b! the incu(bent S6 (e(bers of Aaran'a! San 7oren=o,

Aan'ui, Ilocos Norte b! si(ple (a4orit! fro( a(on' the(selves. he (e(ber chosen shall assu(e the

office of S6 Chair(an for the une9pired portion of the ter(, and shall dischar'e the po#ers and duties,

and en4o! the ri'hts and privile'es appurtenant to said office.

IN VIE /EREO%, the petition is dis(issed and petitioner 7!nette 5. 5arvida is declared

ineli'ible for bein' over the a'e ;ualification for candidac! in the Ma! ", -//" elections of the

San''unian' 6abataan, and is ordered to vacate her position as Chair(an of the San''unian' 6abataan

of Aaran'a! San 7oren=o, Aan'ui, Ilocos Norte. he San''unian' 6abataan (e(ber voted b! si(ple(a4orit! b! and fro( a(on' the incu(bent San''unian' 6abataan (e(bers of Aaran'a! San 7oren=o,

Aan'ui, Ilocos Norte shall assu(e the office of San''unian' 6abataan Chair(an of Aaran'a! San

7oren=o, Aan'ui, Ilocos Norte for the une9pired portion of the ter(.

SO ORDERED.


Manila

EN A&NC

G.R. No. 939$# D**2* !!, 199!

EN&AMIN T. LOONG, petitioner,

vs.

COMMISSION ON ELECTIONS, NURS/USSEIN UTUTALUM and ALIM AS/IR EDRIS, respon

PADILLA, J.:

In this special civil action of certiorari , petitioner assails the Resolution dated -? Ma! -//H of the

Co((ission on Elections +Second Division, issued SP& No. /H*HH" entitled <Nur Bussein tutalu(

petitioner vs. Aen4a(in 7oon', respondent,< a petition to dis;ualif! Aen4a(in 7oon', candidate for

Re'ional Vice*5overnor of the &utono(ous 5overn(ent in Musli( Mindanao. Said assailed resolu

ruled that the respondent Co((ission has 4urisdiction to hear and decide SP& No. /H*HH".

On -? 2anuar! -//H, petitioner filed #ith the respondent Co((ission his certificate of candidac! fo

position of Vice*5overnor of the Mindanao &utono(ous Re'ion in the election held on - )ebruar!

+-? 2anuar! -//H bein' the last da! for filin' said certificate: herein t#o +3 private respondents

+tutalu( and Edris #ere also candidates for the sa(e position.

On ? March -//H +or -" da!s after the election, respondent tutalu( filed before the respondent

Co((ission +Second Division a petition +doc1eted as SP& Case No. /H*HH" see1in' to dis;ualif!

petitioner for the office of Re'ional Vice*5overnor, on the 'round that the latter (ade a false

representation in his certificate of candidac! as to his a'e.

On March -//H, the other candidate, respondent Edris, filed a <Petition in Intervention< in the saidNo. /H*HH", raisin' therein issues si(ilar to those raised b! respondent tutalu( in his (ain petitio

On -/ March -//H, 1 petitioner 7oon' filed in SP& No. /H*HH" his ans#er to the petition, see1in' th

dis(issal of the petition, and alle'in' the follo#in'$

-. that it has not been the practice a(on' the Musli( people in the co((unit! #here respondent #

born to record the birth of a child #ith the Office of the Civil Re'istr!: that follo#in' such practice,

respondent8s parents did not also record his birth #ith the said office: that, to be sure of his a'e

;ualification, respondent, before filin' his certificate of candidac! consulted his (other and other pe

#ho have personal 1no#led'e of his date of birth and all assured respondent that his correct date o

is 2ul! >, -/?>.

3. that respondent COME7EC has no 4urisdiction because such petition is actuall! one #hich is to ddue course to or cancel a certificate of candidac! #hich, under Section 0 of the O(nibus Election

+AP 00-, as a(ended b! Election Refor(s 7a# of -/0, should have been filed #ithin ? da!s follo#

the last da! for filin' of the certificate of candidac!.

On H March -//H, petitioner 7oon' also filed his <&ns#er to Petition for Intervention.< !

O -? M -//H th d t C i i +S d Di i i d d th il d h di t d f t f ll titi 7 fil d hi tifi t f did 3 )















On -? Ma! -//H, the respondent Co((ission +Second Division rendered the no# assailed

Resolution 3 +#ith t#o +3 Co((issioners % Jorac and )lores concurrin', and one Co((issioner %

Di(aa(pao dissentin', holdin' that$

BERE)ORE, on the basis of the fore'oin', the Co((ission on Elections +Second Division holds that it

has 4urisdiction to tr! the instant petition and the respondent8s (otion to dis(iss on the 'round of lac1 of

4urisdiction is hereb! denied.

In its ;uestioned resolution, respondent Co((ission held that, in consonance #ith the rulin' of this Court

in Frivaldo vs. CO$L$C 4 to #it %

he ;ualifications prescribed for elective office cannot be erased b! the electorate alone. he #ill of the

people as e9pressed throu'h the ballot cannot cure the vice of ineli'ibilit!, especiall! if the! (ista1en

believed, as in this case, that the candidate #as ;ualified.

Section " and of Rep. &ct No. "">" " +in relation to the said )rivaldo rulin' should no# (ean that$

-. hen there is an alle'ation of falsification of an entr! in a candidate8s certificate of candidac!, and such

alle'ed falsification refers to a fact concernin' the candidate8s eli'ibilit! to run for and hold an elective

public office, a petition to declare such candidate ineli'ible is seasonable if it is brou'ht #ithin a

reasonable ti(e of the discover! of ineli'ibilit!.

3. Such petition for a declaration of ineli'ibilit! is seasonable even if filed after the period prescribed b!

la# for attac1in' certificate of candidac! and before the procla(ation of the candidate sou'ht to be

dis;ualified. he substantive issue of ;ualification cannot be subordinated to or defeated b! the 'ap inprocedural rules. ...< #

Den!in' petitioner8s (otion for reconsideration of the above*cited resolution, the respondent Co((ission

issued Resolution dated 2ul! -//H, 7 statin' a(on' others that %

hile the )rivaldo case referred to the ;uestioned of respondent8s citi=enship, #e hold that the principle

applies to discover! of violation of re;uire(ents for eli'ibilit!, such as for instance the fact that a candidate

is a holder of a 'reen card or other certificates of per(anent residence in another countr!, or, as in this

case, that the candidate does not possess the a'e ;ualification for the office.

On 2ul! -//H, petitioner #as proclai(ed as the dul! elected Vice*5overnor of the Mindanao

&utono(ous Re'ion.$ Bence, this special civil action of certiorari filed b! petitioner on / 2ul! -//H to

annul the aforesaid resolutions of respondent Co((ission dated -? Ma! -//H and 2ul! -//H, issued inSP& No. /H*HH".

he principal issue in the case at bar, as #e see it, is #hether or not SP& No. /H*HH" +a petition to cancel

the certificate of candidac! of petitioner 7oon' #as filed #ithin the period prescribed b! la#.

he undisputed facts are as follo#s$ petitioner 7oon' filed his certificate of candidac! on 3 )an*ar

3H +he last da! for filin' the sa(e, the election for officials of the Musli( Mindanao &utono(ou

Re'ion bein' on 3@ Fe/r*ar+ 3H : but private respondent tutalu( filed the petition +SP& /H*HH"

dis;ualif! candidate 7oon' onl! on arch 3H, or fort!*nine +>/ da!s fro( the date 7oon'8s cer

of candidac! #as filed +i.e. -? 2anuar! -//H, and si9teen +-" da!s after the election itself.

Petitioner 7oon' contends that SP& No. /H*HH" #as filed out of ti(e because it #as filed be!ond th

da! period prescribed b! Section 0 of the O(nibus Election Code. On the other hand, private resp

tutalu( alle'es that SP& No. /H*HH", thou'h filed onl! on ? March -//H, #as filed #hen no procla

of #inner had as !et been (ade and that the petition is dee(ed filed on ti(e as Section , Rule 3?

Co(elec Rules of Procedure states that the petition to dis;ualif! a candidate on 'rounds of ineli'ib

<shall be filed an! da! after the last da! for filin' of certificates of candidac! bu t not later than the daprocla(ation.<

On the part of respondent Co((ission, it held in its assailed resolution that the petition in SP& No.

#as ti(el! filed, appl!in' Sections " and of Republic &ct No. "">", 9 and Section 3, Rule 3 of th

Co(elec Rules of Procedure #hich states that the petition to den! due course to or cancel a certifi

candidac! (ust be filed #ithin five +? da!s follo#in' the last da! for the filin' of a certificate of cand

both read in the li'ht of the Frivaldo rulin' of this Court.

e find the present petition to be (eritorious.

Sections and > of Rep. &ct No. "> +entitled, <&n &ct Providin' for an Or'anic &ct for the &utono

Re'ion in Musli( Mindanao< re;uires that the a'e of a person runnin' for the office of Vice 5overn

the autono(ous re'ion shall be at least thirt!*five +? !ears on the da! of the election. Private resptutalu( alle'es that petitioner 7oon' falls short of this a'e re;uire(ents, hence, on ? (arch -//H

filed a petition to dis;ualif! the petitioner.

Section > of the O(nibus Election Code +<Code< for brevit! provides that the certificate of candida

the person filin' it shall state, a(on' others, the date of birth of said person. Section 0 of the sa(e

states that is case a person f ilin' a certificate of candidac! has co((itted false representation, a p

to cancel the certificate of the afo resaid person (a! be filed #ithin t#ent!*five +3? da!s fro( the ti

certificate #as filed.

Clearl!, SP& No. /H*HH" #as filed be!ond the 3?*da! period prescribed b! Section 0 of the O(nib

Election Code.

e do not a'ree #ith private respondent tutalu(8s contention that the petition for dis;ualification,

the case at bar, (a! be filed at an! ti(e after the last da! for filin' a certificate of candidac! but not

than the date of procla(ation, appl!in' Section , Rule 3? of the Co(elec Rules of Procedures.

Rule 3? of the Co(elec Rules of Procedure refers to Dis;ualification of Candidates: and Section - o

rule provides that an! candidate #ho co((its an! act declared b! la# to be a 'round for dis;ualific

(a! be dis;ualified fro( continuin' as a candidate he 'rounds for dis;ualification as e9pressed in SEC Petition to Den! Due Course o or Cancel a Certificate of Candidac! he procedure



(a! be dis;ualified fro( continuin' as a candidate. he 'rounds for dis;ualification as e9pressed in

Sections -3 and "0 of the Code are the follo#in'$

SEC. -3. Dis;ualification. % &n! person #ho has been declared b! co(petent authorit! insane or

inco(petent, or has been sentenced b! final 4ud'(ent for subversion, insurrection, rebellion or for an!

offense for #hich he #as sentenced to a penalt! of (ore than ei'hteen (onths or for a cri(e involvin'

(oral turpitude, shall be dis;ualified to be a candidate and to hold an! office, unless he has been 'iven

plenar! pardon or 'ranted a(nest!.

SEC. "0. Dis;ualifications. % &n! candidate #ho, in an action or protest in #hich he is a part! is declared

b! final decision of a co(petent court 'uilt! of, or found b! the Co((ission of havin' +a 'iven (one! or

other (aterial consideration to influence, induce or corrupt the voters or public official perfor(in' electoralfunctions: +b co((itted acts of terroris( to enhance his candidac!: +c spent in his election co(pai'n an

a(ount in e9cess of that allo#ed b! contribution prohibited under Sections 0/, /?, /", / and -H>: or +e

violated an! of Sections 0H, 0, 0?, 0" and 3"-, para'raphs d, e, 1, v, and cc, sub*para'raph ", shall be

dis;ualified fro( continuin' as a candidate, or if he has been elected, fro( holdin' the office. &n! person

#ho is a per(anent resident of or an i((i'rant to forei'n countr! shall not be ;ualified to run for an!

elective office under this Code, unless said or i((i'rant of a forei'n countr! in accordance #ith the

residence re;uire(ent provided for in the election la#.

he petition filed b! private respondent tutalu( #ith the respondent Co(elec to dis;ualif! petitioner

7oon' on the 'round that the latter (ade a false representation in his certificate of candidac! as to his

a'e, clearl! does not fall under the 'rounds of dis;ualification as provided for in Rule 3? but is e9pressl!

covered b! Rule 3 of the Co(elec Rules of Procedure 'overnin' petitions to cancel certificate of

candidac!. Moreover, Section , Rule 3? #hich allo#s the filin' of the petition at na! ti(e after the last da!

for the filin' of certificates of candidac! but not later than the date of procla(ation, is (erel! a procedural

rule issued b! respondent Co((ission #hich, althou'h a constitutional bod!, has no le'islative po#ers.

hus, it can not supersede Section 0 of the O(nibus Election Code #hich is a le'islative enact(ent.

e also do not find (erit in the contention of respondent Co((ission that in the li'ht of the provisions of

Section " and of Rep. &ct No. "">", a petition to den! due course to or cancel a certificate of candidac!

(a! be filed even be!ond the 3? *da! period prescribed b! Section 0 of the Code, as lon' as it is filed

#ithin a reasonable ti(e fro( the discover! of the ineli'ibilit!.

Section " and of Rep. &ct No. "">" are here re*;uoted$

SEC. ". Effect of Dis;ualification Case. % n! candidate #ho has been declared b! final 4ud'(ent to be

dis;ualified shall not be voted for, and the votes cast for hi( shall not be declared b! final 4ud'(ent before

an election to be dis;ualified and he is voted for and receives the #innin' nu(ber of votes in suchelection, the Court of Co((ission shall continue #ith the trial and hearin' of the action, in;uir!, or protest

and, upon (otion of the co(plainant or an! intervenor, (a! durin' the pendenc! thereof order the

suspension of the procla(ation of such candidate #henever the evidence of his 'uilt is stron'.

SEC. . Petition to Den! Due Course o or Cancel a Certificate of Candidac!. % he procedure

hereinabove provided shall appl! to petitions to den! due course to or cancel a certificate of candid

provided in Section 0 of Aatas Pa(bansa Al'. 00-.<

It #ill be noted that nothin' in Sections " or (odified or alters the 3?*da! period prescribed b! Sec

0 of the Code for filin' the appropriate action to cancel a certificate of candidac! on account of an!

representation (ade therein. On the contrar!, said Section affir(s and reiterates Section 0 of th

Code.

e note that Section " refers onl! to the effects of a dis;ualification case #hich (a! be based on '

other than that provided under Section 0 of the Code. Aut Section of Rep. &ct No. "">" also (a1

effects referred to in Section " applicable to dis;ualification cases filed under Section 0 of the CodNo#here in Section " and Rep. &ct. No "">" is (entioned (ade of the period #ithin #hich these

dis;ualification cases (a! be filed. his is because there are provisions in the Code #hich suppl! t

periods #ithin #hich a petition relatin' to dis;ualification of candidates (ust be filed, such as Sectio

alread! discussed, and Section 3? on petitions for 0*o warranto.

hus, if a person ;ualified to f ile a petition to dis;ualification a certain candidate fails to file the petit

#ithin the 3?*da! period prescribed b! Section 0 of the Code for #hatever reasons, the election la

not leave hi( co(pletel! helpless as he has another chance to raise the dis;ualification of the cand

b! filin' a petition for 0*o warranto #ithin ten +-H da!s fro( the procla(ation of the results of the e

as provided under Section 3? of the Code. Section - Rule 3- of the Co(elec Rules of procedure

si(ilarl! provides that an! voter contestin' the election of an! re'ional, provincial or cit! official on t

'round of ineli'ibilit! or of dislo!alt! to the Republic of the Philippines (a! file a petition for 0*o

warranto #ith the Electoral Contest &d4udication Depart(ent. he petition (a! be filed #ithin ten +-

fro( the date the respondent is proclai(ed +Section 3.

It is true that the discover! of false representation as to (aterial facts re;uired to be stated in a cert

of candidac!, under Section > of the Code, (a! be (ade onl! after the lapse of the 3?*da! period

prescribed b! Section 0 of the Code, throu'h no fault of the person #ho discovers such

(isrepresentations and #ho #ould #ant the dis;ualification of the candidate co((ittin' the

(isrepresentations. It #ould see(, therefore, that there could indeed be a 'ap bet#een the ti(e of

discover! of the (isrepresentation, +#hen the discover! is (ade after the 3?*da! period under Sec

the Code has lapsed and the ti(e #hen the procla(ation of the results of the election is (ade. Du

this so*called <'ap< the #ould*be petitioner +#ho #ould see1 the dis;ualification of the candidate is

#ith nothin' to do e9cept to #ait for the procla(ation of the results, so that he could avail of a re(ed

a'ainst the (isrepresentin' candidate, that is, b! filin' a petition for 0*o warranto a'ainst hi(.

Respondent Co((ission sees this <'ap< in #hat it calls a procedural 'ap #hich, accordin' to it, it

unnecessar! and should be re(edied.

&t the sa(e ti(e, it can not be denied that it is the purpose and intent of the le'islative branch of th

'overn(ent to fi9 a definite ti(e #ithin #hich petitions of protests related to eli'ibilit! of candidates

elective offices (ust be filed,10 as seen in Section 0 and 3? of the Code. Respondent Co((issio

have seen the need to re(ed! this so*called <procedural 'ap<, but it is not for it to prescribed #hat t



Documents

Election Law Cases Candidacy