Case Digest (G.R. No. 105436)
Facts:
Jurilla, Medalla, Nazal, Medina, Castelo and Liban v. Commission on Elections and Antonio V. Hernandez, G.R. No. 105436, June 02, 1994, the Supreme Court En Banc, Bellosillo, J., writing for the Court.The petitioners — Eugenio Jurilla, Marciano Medalla, Bernardo Nazal, Rey Medina, Melencio Castelo and Godofredo Liban — were candidates in the 11 May 1992 synchronized elections for six councilor seats in the Second District of Quezon City. Antonio V. Hernandez (private respondent) filed his certificate of candidacy on 23 March 1992 listing an address in New Capitol Estates (Second District) in Item No. 6 but leaving Item No. 12 (Precinct Number and Barangay where he was a registered voter) blank; his biodata, however, gave an address in Acacia Street, Mariana (Fourth District). The petitioners alleged that Hernandez was not a qualified voter/resident of the Second District under Section 39(a) of the Local Government Code of 1991 and thus challenged his qualification before the Commission on Elections (COMELEC).
Petitioners filed their challenge under Rule 25 of the COMELEC Rules of Procedure, invoking that they only became aware of the ground for disqualification after the elections and therefore relied on the post-filing remedy allowed by Rule 25 (permitting certain petitions after the last day for filing certificates but not later than proclamation). COMELEC, however, denied the petition in a resolution dated 2 June 1992 on the ground that the petition was filed outside the reglementary period under Section 5 of R.A. No. 6646 (the provision on nuisance candidates), effectively treating the challenge as one alleging a nuisance candidacy under Section 69 of B.P. Blg. 881. Petitioners then filed the instant petition for certiorari in the Supreme Court, alleging grave abuse of discretion amounting to lack or excess of jurisdiction by COMELEC in issuing the 2 June 1992 resolution.
The record also showed that Hernandez had sought judicial relief: he filed a Petition for Inclusion in the Registry of Registered Voters of the Second District, Quezon City before the Metropolitan Trial Court (MTC) of Quezon City, which, after hearing and without written opposition, granted the petition a...(Subscriber-Only)
Issues:
- Was COMELEC correct to dismiss the petition as time‑barred under Section 5 of R.A. No. 6646 (the nuisance‑candidate period)?
- Did the omission of Hernandez’s precinct and barangay in his certificate of candidacy render him unqualified under Section 39(a) of the Local Government Code of 1991?
- Did COMELEC commit grave abuse of discretion amounting to lack or excess of jurisdiction in denying the petition and giving...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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