Case Summary (G.R. No. 124893)
Jurisdiction to Entertain Certificate-Cancellation Petition
Under the Omnibus Election Code (Art. IX, Sec. 78) and COMELEC Rules of Procedure, petitions to deny or cancel a certificate of candidacy must be filed with and decided by the Commission sitting in Division. Only motions for reconsideration or cases elevated for lack of Division quorum go to the en banc. Here, the en banc acted on the original petition without referral to any Division, exceeding its jurisdiction and amounting to grave abuse of discretion.
Procedural Requirements of COMELEC Pleadings
COMELEC Rules require that a petition be printed or typewritten on legal-size bond paper, filed in ten legible copies, and submitted personally or by registered mail. The Sales petition was transmitted by facsimile and only two copies were filed, failing the formal requirements. The en banc should have waited for a properly filed petition before acting.
Statutory Age Qualifications for SK Candidates
Local Government Code (LGC) of 1991:
- Section 424: SK members must be 15–21 years old and duly registered.
- Section 428: Elective SK officials must be 15–21 years old “on the day of his election,” a qualified voter, barangay resident for one year, literate, and without moral-turpitude conviction.
COMELEC Res. 2824 (1996) interpreted these provisions: - Voters must be born between May 6, 1975 and May 6, 1981 to be “not more than 21 years” on election day.
- Candidates must meet voter qualifications, residency, and literacy.
Interpretation of “Not More Than Twenty-One Years”
When a statute fixes age in years, each year is 365 days. “Not more than 21 years” means completion of 21 full 365-day cycles on or before election day. It does not extend to any fraction beyond 21 full years. Garvida, born June 11, 1974, was 21 years, 11 months, and 5 days old on May 6, 1996, thus exceeding the 21-year limit for elective officials.
Grounds for Petitioner’s Ineligibility
Despite being a valid SK voter and duly registered member, Garvida lacked the express age qualification for an elective SK official under LGC § 428 and Res. 2
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Facts of the Case
- Lynette G. Garvida filed for registration as member and voter of the Katipunan ng Kabataan (KNK) of Barangay San Lorenzo, Bangui, Ilocos Norte on March 16, 1996.
- The local Board of Election Tellers denied her registration for being 21 years and 10 months old, exceeding the age limit under COMELEC Resolution No. 2824, Section 3(b).
- On April 18, 1996, the Municipal Circuit Trial Court ruled Garvida qualified and ordered her registration; the Board of Election Tellers appealed to the Regional Trial Court, which judge inhibited himself.
- Garvida filed her certificate of candidacy for SK Chairman on April 23, 1996; Election Officer Rios, advised by Supervisor Pipo, again disapproved it for age.
- COMELEC Regional Director Asperin set aside the disapproval and allowed her candidacy.
- Private respondent Sales filed on April 29, 1996, by facsimile and registered mail, a petition to deny or cancel Garvida’s certificate of candidacy for false age representation.
- On May 2, 1996, COMELEC en banc ordered suspension of Garvida’s proclamation if she won, requiring her to submit ten copies of her petition and pay fees.
- On election day, May 6, 1996, Garvida garnered 78 votes; Sales obtained 76—yet the Board did not proclaim her because of the en banc suspension order.
- Garvida sought certiorari on May 27, 1996; on June 2, 1996, the Board proclaimed her winner “without prejudice.”
- Garvida was subsequently proclaimed elected to a municipal SK federation office on July 5, 1996.
Issues Presented
- Whether the COMELEC en banc had jurisdiction to entertain and decide Sales’s petition to cancel Garvida’s certificate of candidacy.
- Whether Garvida was ineligible for SK Chair by exceeding the maximum age requirement at election day.
Jurisdiction of COMELEC En Banc
- Under the L