Title
Abcede vs. Imperial
Case
G.R. No. L-13001
Decision Date
Mar 18, 1958
COMELEC denied Alfredo Abcede’s candidacy for President, citing lack of bona fide intent. Supreme Court ruled COMELEC’s duty is ministerial, annulled the resolution, and allowed his candidacy.
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Case Digest (G.R. No. L-13001)

Facts:

  1. Filing of Certificate of Candidacy:

    • Petitioner Alfredo Abcede filed his certificate of candidacy for the Office of the President of the Philippines with the Commission on Elections (COMELEC) prior to September 7, 1957, for the elections scheduled on November 12, 1957.
  2. Summons by COMELEC:

    • On or about September 7, 1957, Abcede and other candidates were summoned by COMELEC to appear on September 23, 1957, to show cause why their certificates of candidacy should be considered filed in good faith. Failure to appear would result in their certificates not being given due course.
  3. Hearing and Resolution:

    • Abcede appeared at the hearing and presented evidence. On October 4, 1957, COMELEC issued a resolution stating that Abcede’s certificate of candidacy, among others, "shall not be given due course."
    • The resolution cited the following facts:
      • Abcede had previously run for senator in 1953 and 1955, receiving no votes.
      • His main campaign platform was the redemption of Japanese war notes.
      • The Bureau of Posts had issued Fraud Order No. 2 in 1955, banning the use of the Philippine mail for the Japanese War Notes Claims Association of the Philippines, Inc., and its agents, including Abcede, due to fraudulent activities.
      • COMELEC concluded that Abcede’s certificate of candidacy was filed for motives other than a bona fide desire to obtain substantial votes.
  4. Petition to the Supreme Court:

    • After COMELEC denied reconsideration, Abcede filed a petition for certiorari and mandamus with the Supreme Court, seeking to annul the resolution and have his certificate of candidacy given due course.
    • The Court issued a preliminary injunction to prevent COMELEC from enforcing the resolution pending the case’s resolution.

Issue:

  1. Whether COMELEC has the discretion to refuse to give due course to a certificate of candidacy filed by a candidate who, in its opinion, lacks a bona fide intention to seek election.
  2. Whether COMELEC’s refusal to give due course to Abcede’s certificate of candidacy was within its jurisdiction under the Revised Election Code.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court emphasized that COMELEC’s role is strictly administrative and that it cannot impose additional requirements or discretion beyond what is provided by law. The Court annulled COMELEC’s resolution and made the preliminary injunction permanent, allowing Abcede’s certificate of candidacy to proceed.


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