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EN BANC
SERENO, C.J,
CARPIO,
VELASCO, JR.,
LEONARDO-DE CASTRO,
BRION,*
PERALTA,
BERSAMIN,
- versus - DEL CASTILLO,
ABAD,
VILLARAMA, JR.,
PEREZ,
MENDOZA,
REYES,
PERLAS-BERNABE, and
LEONEN,JJ
DECISION
PERALTA, J.:
Assailed via petition for certiorari and prohibition with prayer for the
issuance of a writ of preliminary injunction and/or temporary restraining
order is the Resolution 1 dated April 1, 2013 issued by the Commission on
On leave.
Rollo, pp. 79-88; Per Curiam; Signed by Chairman Sixto S. Brillantes, Jr., Commissioners
d
Lucenito N. Tagle, Elias R. Yusoph, Christian Robert S. Lim and Maria Gracia Cielo M. Padaca; Docketed
as SPA Case No. 13-154 (DC)(F)
Decision -2- G.R. No. 206698
The COMELEC found that its First Division did not err in denying the
petition as existing law and jurisprudence are clear in providing that a
misrepresentation in a certificate of candidacy is material when it refers to a
qualification for elective office and affects the candidate's eligibility; and
that a misrepresentation of a non-material fact is not a ground to deny due
course to or cancel a certificate of candidacy under Section 78 of the
Omnibus Election Code. It found that petitioner's allegations did not pertain
to respondent's qualifications or eligibility for the office to which he sought
to be elected. The candidate's use of a name or nickname is a not a ground to
deny due course to or cancel a certificate of candidacy.
I
Respondent COMELEC palpably and seriously committed grave
abuse of discretion amounting to lack and/or in excess of jurisdiction
when it whimsically and capriciously limited the grounds provided in
Section 78 in relation to Section 74 of the Omnibus Election Code to a
candidate's qualifications only and excluding as a ground a candidate's
material representation that is FALSE on his identity which renders him
ineligible to be voted for as a candidate, because a FALSE representation
of ones' true name/nickname as a candidate is a deliberate attempt to
misinform, mislead, and deceive the electorate and notwithstanding that
Section 78 of the Omnibus Election Code expressly states that “any”
material misrepresentation in violation of Section 74 of the same Code is a
ground for cancellation of a Certificate of Candidacy.
II
Respondent COMELEC committed serious errors and patent grave
abuse of discretion amounting to lack and/or in excess of jurisdiction in
failing or refusing to apply prevailing jurisprudence and law, wherein it
was held: that cancellation of COC is not based on the lack of
qualification although it may relate to qualification based on a “finding
that a candidate made a material representation that is false”; thereby
disregarding the well-entrenched rulings of this Honorable Court that
material misrepresentation may also include ineligibilities to run for office
or to assume office and is not limited to qualifications; utterly ignoring the
ruling of this Honorable Court that votes cast in favor of a candidate using
a nickname in violation of Section 74 are STRAY votes, and in turning a
blind eye to its constitutional and statutory duty and responsibility to
protect the rights of the voters and the integrity of the electoral processes
in our country, among others.
III
Respondent COMELEC whimsically, capriciously and despotically
allowed herein respondent MIGUEL to use “LRAY JR.-MIGZ” and
thereby illegally disregarded the effects of R.A. 8436 as amended by R.A.
9369 or the Automation Law and the requirement therein for the
alphabetical arrangement of the names of the candidates and for allowing
respondent Miguel to deliberately and misleadingly omit his baptismal
Decision -4- G.R. No. 206698
IV
Material misrepresentation as contemplated by law is NOT to
protect respondent as a candidate, but MORESO, to protect the right of
other candidates under the Automation Law, and more importantly to
protect the electorate from being misinformed, misled and deceived.6
6
Id. at 15-17. (Underscoring omitted)
Decision -5- G.R. No. 206698
7
371 Phil. 377 (1999).
Decision -6- G.R. No. 206698
xxxx
xxxx
8
Id. at 385-386.
9
Id. at 389-390. (Citations omitted)
10
G.R. No. 195229, October 9, 2012, 683 SCRA 105.
Decision -7- G.R. No. 206698
xxxx
AT ALL EVENTS, the use of a name other than that stated in the
certificate of birth is not a material misrepresentation, as “material
misrepresentation” under the earlier-quoted Section 78 of the Omnibus
Election Code refers to “qualifications for elective office.” It need not be
emphasized that there is no showing that there was an intent to deceive the
electorate as to private respondent’s identity, nor that by using his Filipino
name the voting public was thereby deceived.14
11
Id. at 136-137.
12
Id. at 143-144.
13
G.R. No. 179413, November 28, 2008, 572 SCRA 736.
14
Id. at 748-749.
Decision -8- G.R. No. 206698
Clearly, from the foregoing, for the petition to deny due course or
cancel the COC of one candidate to prosper, the candidate must have made a
material misrepresentation involving his eligibility or qualification for the
office to which he seeks election, such as the requisite residency, age,
citizenship or any other legal qualification necessary to run for local elective
office as provided in the Local Government Code.15 Hence, petitioner’s
allegation that respondent’s nickname “LRAY JR. MIGZ” written in his
COC is a material misrepresentation is devoid of merit. Respondent's
nickname written in the COC cannot be considered a material fact which
pertains to his eligibility and thus qualification to run for public office.
Villarosa is not on all fours with this case. This case is a petition to
deny due course and to cancel COC on the ground of a statement of a
material representation that is false; to be material, such must refer to an
eligibility or qualification for the elective office the candidate seeks to
hold. Here, respondent's nickname is not a qualification for a public office
18
394 Phil. 730 (2001).
Decision - 10 - G.R. No. 206698
19
Sec. 13. Section 11 of Republic Act No. 8436 is hereby amended to read as follows:
SEC. 15. Official Ballot. - The Commission shall prescribe the format of the electronic display
and/or the size and form of the official ballot, which shall contain the titles of the position to be filled
and/or the proposition to be voted upon in an initiative, referendum or plebiscite. Where practicable,
electronic displays must be constructed to present the names of all candidates for the same position in the
same page or screen, otherwise, the electronic displays must be constructed to present the entire ballot to
the voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all
pages before completing his or her vote and to allow the voter to review and change all ballot choices prior
to completing and casting his or her ballot. Under each position to be filled, the names of candidates
shall be arranged alphabetically by surname and uniformly indicated using the same type size. The
maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under
each proposition to be vote upon, the choices should be uniformly indicated using the same font and size.
(Emphasis supplied).
Decision - 11 - G.R. No. 206698
SO ORDERED.
WE CONCUR:
~~~~ On leave
TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION
Associate Justice Associate Justice
~~,/
MARIANO C. DEL CASTILLO
Associate Justice
Decision - 12 - G.R. No. 206698
~
ROBERTO A. ABAD RT~Associate
S. VILLA~R.
Associate Justice Justice
DOZA
W., iiMJ
ESTELA M. 1P,RLAS-BERNABE
I Associate Justice Associate Justice
'
Associate Justice
CERTIFICATION