G.R. No. 192280 - Amora, Jr. vs. Commission on Elections

Petitioner Sergio G. Amora, Jr. was the incumbent Mayor of Candijay, Bohol, having been elected in 2004 and 2007.
On December 1, 2009, Amora filed his Certificate of Candidacy (COC) for Mayor of Candijay.
The Nationalist People’s Coalition (NPC) fielded Trygve L. Olaivar as opposition candidate for Mayor.
Respondent Arnielo S. Olandria was an NPC candidate for councilor in the same municipality.

On March 5, 2010, Olandria filed a Petition for Disqualification against Amora with the Commission on Elections (COMELEC).
Olandria alleged that Amora’s COC was not properly sworn as required by the Omnibus Election Code (OEC) and the 2004 Rules on Notarial Practice.
The basis was that Amora presented only his Community Tax Certificate (CTC)—which did not bear a photograph—to the notary public during notarization instead of competent evidence of identity.
According to Olandria, this defect voided Amora’s COC, rendering it without force or effect, and should be considered not filed.

The petition is actually a Petition to Deny Due Course or cancel a COC, and was filed out of time.
The claimed defect is not a valid ground for cancellation of a COC.
Amora was personally known to the notary public, Atty. Oriculo Granada.
Atty. Granada and Amora were close acquaintances and even distant relatives.
Thus, Amora sufficiently complied with the oath requirement for the COC.

The COMELEC Second Division granted the petition and disqualified Amora.
Amora filed a Motion for Reconsideration before the COMELEC en banc, reiterating his arguments and submitting an affidavit of Atty. Granada confirming personal knowledge of Amora and acceptance of the CTC.
On May 10, 2010, national and local elections were held; Amora won with 8,688 votes (58.94%) over Olaivar’s 6,053 votes (41.06%).
The Municipal Board of Canvassers proclaimed Amora as winner.
On May 17, 2010, the COMELEC en banc denied Amora’s motion for reconsideration, affirming the Second Division resolution. Three commissioners dissented.

The CTC is no longer considered competent evidence of identity for notarization under the 2004 Notarial Practice Rules.
The jurat in Amora’s COC did not assert that the notary personally knew the affiant.
Belated affidavit of the notary could not compensate for the defective submission.
The Petition was properly a Petition to Disqualify under Section 68 of the OEC and COMELEC Resolution 8696 based on grounds for disqualification or lack of qualifications.
The COMELEC rejected Amora’s claim that these grounds were not prescribed in law.

Amora filed a petition for certiorari arguing grave abuse of discretion by the COMELEC.
He contested that the Petition was not a petition to disqualify, but a Petition to Deny Due Course under Section 78 of the OEC, and that it was filed beyond the allowed period.
Amora contended his COC met the oath requirement because he was personally known to the notary who notarized the COC.
Allegations were raised that Olaivar had connections to a COMELEC Commissioner who disqualified Amora.
COMELEC and Olandria opposed Amora’s petition.

Whether an improperly notarized COC, specifically one sworn before a notary public who accepted a Community Tax Certificate as identification rather than “competent evidence of identity,” constitutes a ground for disqualification under the Omnibus Election Code and related laws.
Whether the Petition filed by Olandria should be treated as a Petition to Deny Due Course or a Petition for Disqualification, and if the correct procedural rules and time limits were followed.
Whether the COMELEC committed grave abuse of discretion in disqualifying Amora despite his proclamation as winner and the lack of explicit statutory grounds for disqualification based on defective notarization.
Whether Amora sufficiently complied with the legal requirement of oath-taking in his COC given his personal knowledge by the notary public.