G.R. No. 135886 - Salcedo II vs. Commission on Elections

On February 18, 1968, Neptali P. Salcedo married Agnes Celiz (marriage still subsisting).
On September 21, 1986, without dissolving the first marriage, Salcedo married Ermelita Cacao in a civil ceremony; two days later Ermelita also married a certain Jesus Aguirre.

On March 27, 1998, both petitioner Victorino Salcedo II and private respondent Ermelita Cacao Salcedo filed certificates of candidacy for Mayor of Sara, Iloilo; election held on May 11, 1998, with Ermelita proclaimed winner on May 13, 1998.
On April 17, 1998, petitioner filed with the Comelec a petition to cancel Ermelita’s certificate of candidacy, alleging false representation of her surname “Salcedo” (material misrepresentation under Sec. 78 of the Omnibus Election Code).

Second Division (August 12, 1998): By majority vote, declared the marriage of Neptali and Ermelita null and void and held that Ermelita’s use of “Salcedo” was material misrepresentation warranting cancellation of her candidacy.
En banc (October 6, 1998): Reversed the Second Division, ruling no material misrepresentation—cited Article 370 Civil Code (right to use spouse’s surname), the technical nature of candidacy filings, and the supremacy of the electorate’s will.

Petitioner elevated the case to the Supreme Court via Rule 65 certiorari, alleging grave abuse of discretion in the en banc Comelec Resolution.
On August 16, 1999, the Supreme Court rendered its decision denying the petition and affirming the en banc Comelec Resolution.

Whether the use of the surname “Salcedo” by private respondent in her certificate of candidacy constitutes a material misrepresentation under Section 78 of the Omnibus Election Code.
Whether the Comelec en banc Resolution was tainted by grave abuse of discretion due to (a) reliance on a dissent in the Second Division, (b) change of positions by commissioners, and (c) timing of promulgation coinciding with a commissioner’s Supreme Court oath.