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Tuesday, March 12, 2013

COMELEC CANNOT UNILATERALLY CANCEL CERTIFICATE OF CANDIDACY!


May the COMELEC, on its own initiative, unilaterally cancel a Certificate of Candidacy on the basis that the candidate is not of the minimum age required for the position for which he is running?

This was answered in the negative by the Supreme Court, En Banc, in LUNA vs. COMELEC, G.R. No. 165983, April 24,2007. The material portion of the decision is quoted as follows:

The COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction in declaring that Hans Roger, being under age, could not be considered to have filed a valid certificate of candidacy and, thus, could not be validly substituted by Luna. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form. In Sanchez v. Del Rosario, the Court ruled that the question of eligibility or ineligibility of a candidate for non-age is beyond the usual and proper cognizance of the COMELEC.
Section 7413 of the Election Code provides that the certificate of candidacy shall state, among others, the date of birth of the person filing the certificate. Section 7814 of the Election Code provides that in case a person filing a certificate of candidacy has committed false material representation, a verified petition to deny due course to or cancel the certificate of candidacy of said person may be filed at any time not later than 25 days from the time of filing of the certificate of candidacy.
If Hans Roger made a material misrepresentation as to his date of birth or age in his certificate of candidacy, his eligibility may only be impugned through a verified petition to deny due course to or cancel such certificate of candidacy under Section 78 of the Election Code.
In this case, there was no petition to deny due course to or cancel the certificate of candidacy of Hans Roger. The COMELEC only declared that Hans Roger did not file a valid certificate of candidacy and, thus, was not a valid candidate in the petition to deny due course to or cancel Luna’s certificate of candidacy. In effect, the COMELEC, without the proper proceedings, cancelled Hans Roger’s certificate of candidacy and declared the substitution by Luna invalid.
It would have been different if there was a petition to deny due course to or cancel Hans Roger’s certificate of candidacy. For if the COMELEC cancelled Hans Roger’s certificate of candidacy after the proper proceedings, then he is no candidate at all and there can be no substitution of a person whose certificate of candidacy has been cancelled and denied due course. However, Hans Roger’s certificate of candidacy was never cancelled or denied due course by the COMELEC.
Moreover, Hans Roger already withdrew his certificate of candidacy before the COMELEC declared that he was not a valid candidate. Therefore, unless Hans Roger’s certificate of candidacy was denied due course or cancelled in accordance with Section 78 of the Election Code, Hans Roger’s certificate of candidacy was valid and he may be validly substituted by Luna.




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