Case Summary (G.R. No. 215995)
Petition to Cancel Certificate of Candidacy
Private respondent argued under Section 15 of COMELEC Resolution 9518 that an independent candidate cannot be substituted. He claimed petitioner falsely represented her party affiliation to mislead voters. Petitioner countered that no official declaration made her husband independent, that Romualdez was duly authorized (per a September 11, 2012 authority), and that qualification issues fall under separate remedies in the Omnibus Election Code.
COMELEC Proceedings and Resolutions
Despite finding no material misrepresentation in petitioner’s COC, the COMELEC Second Division (July 5, 2013) canceled her COC on the ground that her substitution was invalid because her husband was deemed independent. It then ordered proclamation of private respondent, treating votes for petitioner as stray. The COMELEC En Banc (January 20, 2015) denied reconsideration, affirming the Second Division.
Issue on Material Misrepresentation
Section 78 of the Omnibus Election Code permits cancellation of a COC only for false material representation. The Supreme Court agreed that petitioner made no false statements regarding qualifications (e.g., citizenship, residence, party membership) in her COC. The Court emphasized that petitioner’s COC listed her party affiliation truthfully and bore no misrepresentation affecting her qualification.
Validity of the Substitution Rule
COMELEC Resolution 9518 required political parties to submit authorized signatories’ names by October 1, 2012. Failure to do so renders candidates as independents. The Court held that such procedural requirements are mandatory before elections but, after the electorate has spoken, should be treated as directory when the rules concern formalities. Petitioner's husband’s party membership was uncontested, and the authority to sign CONAs existed and was presented locally before the election. No fraud or substantive irregularity was shown.
Will of the Electorate and Liberal Construction
With nearly twice the votes of the runner-up, petitioner enjoyed clear majority support. The Court underscored the principle that
Case Syllabus (G.R. No. 215995)
Procedural History
- Petition for certiorari and prohibition under the Rules on Civil Procedure (Rule 65 in relation to the Rule on Certiorari) filed in the Supreme Court (G.R. No. 215995).
- COMELEC Second Division Resolution of July 5, 2013: denied due course to and cancelled petitioner’s Certificate of Candidacy (COC); annulled her proclamation; proclaimed private respondent Winston B. Menzon as Vice-Mayor of Babatngon, Leyte.
- COMELEC En Banc Resolution of January 20, 2015: denied petitioner’s motion for reconsideration of the Second Division’s resolution for lack of merit.
- Supreme Court Decision dated January 19, 2016: grants the petition, reverses and sets aside COMELEC resolutions, declares petitioner the duly-elected Vice-Mayor.
Facts of the Case
- In the May 13, 2013 synchronized elections, petitioner and private respondent vied for Vice-Mayor of Babatngon, Leyte.
- Petitioner’s husband, James L. Engle, originally filed his COC on October 4, 2012 as a nominee of Lakas-CMD; he died of cardiogenic shock on February 2, 2013.
- Petitioner filed her substitute COC on February 22, 2013; on February 25, 2013, private respondent filed a petition to deny due course/cancel her COC, alleging misrepresentation of party affiliation.
- COMELEC Law Department had deemed James L. Engle an independent candidate because Lakas-CMD failed to submit, by the October 1, 2012 deadline, the names and specimen signatures of authorized signatories for Certificates of Nomination and Acceptance (CONAs).
- Petitioner’s Verified Answer contended (a) wrong legal basis invoked, (b) no official declaration of independent status, (c) CONA was signed by an authorized officer under a September 11, 2012 authority.
- May 15, 2013 Municipal Board of Canvassers proclaimed petitioner winner (6,657 votes to 3,515).
- COMELEC Second Division promulgated its cancellation resolution on July 5, 2013; COMELEC En Banc affirmed on January 20, 2015.
Issues for Resolution
- Whether the COMELEC validly cancelled petitioner’s substitute COC.
- Whether petitioner validly substituted her deceased husband as a Lakas-CMD candidate.
- Whether private respondent, having placed second, could validly be proclaimed Vice-Mayor.
Contentions of Petitioner
- The ground