Case Digest (G.R. No. 202202)
Facts:
On November 30, 2009, Richard I. Gomez filed his Certificate of Candidacy (CoC) with the Commission on Elections (COMELEC) to run as Representative for Leyte’s Fourth Legislative District under the Liberal Party. Opposing candidate Buenaventura O. Juntilla promptly filed a Verified Petition to Disqualify Candidate for Lack of Qualification (SPA No. 09-059) before the COMELEC First Division, alleging that Richard misrepresented his residency—claiming he lived in Ormoc City when, in fact, he resided in San Juan City, Metro Manila—thereby violating the one-year residency requirement under Section 6, Article VI of the 1987 Constitution. On February 17, 2010, the COMELEC First Division granted Juntilla’s petition and “disqualified” Richard for lack of residency but did not expressly cancel his CoC. Richard’s motion for reconsideration was denied by the COMELEC En Banc on May 4, 2010; he then accepted that decision “with finality” to facilitate substitution by his party. On May 5, 20
Case Digest (G.R. No. 202202)
Facts:
- Filing of COC and Disqualification Petition
- On November 30, 2009, Richard I. Gomez filed his Certificate of Candidacy (COC) for Representative of the Fourth Legislative District of Leyte under the Liberal Party, declaring residency in Ormoc City.
- On December 6, 2009, rival candidate Buenaventura O. Juntilla filed a Verified Petition to Disqualify Candidate for Lack of Qualification before the COMELEC First Division, alleging misrepresentation of residency and praying also for denial of due course to or cancellation of Gomez’s COC.
- COMELEC Proceedings on Gomez’s COC
- February 17, 2010: COMELEC First Division Resolution granted Juntilla’s petition, disqualifying Richard Gomez for failure to meet the one-year residency requirement, but did not expressly cancel or deny due course to his COC.
- May 4, 2010: COMELEC En Banc denied Gomez’s motion for reconsideration; May 5, 2010: En Banc issued a resolution declaring its May 4 ruling final and executory.
- Substitution by Lucy Marie Torres-Gomez
- May 5, 2010: Lucy Marie Torres-Gomez filed her COC as substitute candidate of the Liberal Party in lieu of her husband, Richard Gomez.
- May 8, 2010: COMELEC En Banc Resolution No. 8890, adopting its Law Department recommendation, allowed the substitution on the ground that the First Division’s ruling “spoke of disqualification and not of cancellation” of the COC.
- Elections and Post-Election Proceedings
- May 10, 2010: National and local elections held; Richard’s votes were credited to Lucy Gomez, who was proclaimed Representative-elect of Leyte’s Fourth District.
- May 24, 2010: Petitioner Silverio R. Tagolino filed a petition for quo warranto with the House of Representatives Electoral Tribunal (HRET), alleging invalid substitution, non-compliance with residency and voter registration requirements, and defects in the notarization of Lucy Gomez’s COC.
Issues:
- Whether the HRET gravely abused its discretion in holding Lucy Gomez’s substitution valid despite the COMELEC First Division’s disqualification of Richard Gomez.
- Whether Richard Gomez’s COC was effectively denied due course to or cancelled, thus precluding any valid substitution.
- Whether a valid COC is a condition sine qua non for substitution under Section 77 of the Omnibus Election Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)