Case Summary (G.R. No. 115245)
Governing Statutory and Regulatory Provisions
Republic Act No. 7166, Section 14 mandates that “every candidate” and party treasurer must file, within 30 days after election, a full, true and itemized SOCE, under penalty of an administrative fine (₱1,000–₱30,000 for first offense; ₱2,000–₱60,000 plus perpetual disqualification for subsequent offenses). COMELEC Resolution No. 2348 implements this by requiring written reminders to all who filed certificates of candidacy and by reiterating the mandatory effect of “shall” in its Section 17. B.P. Blg. 881, Section 73 provides that filing or withdrawal of a certificate does not affect any liabilities incurred.
Majority’s Analysis and Rationale
The Court held that the term “every candidate,” as used in RA 7166 and implemented in Resolution No. 2348, embraces not only those who pursue campaigns to the end but also those who withdraw after filing. Pursuant to the principle that “ubi lex non distinguit, nec nos distinguere debemus,” no statutory distinction exempts a withdrawn candidate. The mandatory word “shall” underscores the non-discretionary duty to file a SOCE. The State’s compelling interest in electoral transparency—ensuring that voters know who contributed to campaigns and preventing corruption—supports broad application. The rules even anticipate candidates with zero contributions or expenditures must file a statement to that effect. Finally, B.P. Blg. 881, Section 73 confirms that withdrawal of candidacy does not extinguish administrative liability.
Holding
The petition for certiorari is dismissed. Petitioner Pilar remains liable for the administrative fines imposed for failure to file his statement of contributions and expenditures despite withdr
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Procedural History
- Petition for certiorari under Rule 65 of the Revised Rules of Court seeking to annul the COMELEC En Banc Resolution of April 28, 1994 (UND No. 94-040).
- Originated from COMELEC decisions in M.R. Nos. 93-2654 and 94-0065 (November 3, 1993 and February 13, 1994) imposing a ₱10,000 fine for failure to file statement of contributions and expenditures.
- COMELEC denied reconsideration in M.R. No. 94-0594 (February 24, 1994) and subsequently the En Banc petition (April 28, 1994).
- Petitioner elevated the matter to the Supreme Court via certiorari.
Facts
- March 22, 1992: Juanito C. Pilar filed certificate of candidacy for Sangguniang Panlalawigan, Province of Isabela.
- March 25, 1992: Petitioner withdrew his certificate of candidacy.
- Petitioner failed to file post-election statement of contributions and expenditures as required by law.
- COMELEC imposed administrative fines and refused to lift them upon motion for reconsideration.
- Petitioner contends that having withdrawn, he was a “non-candidate” and not subject to filing requirements.
Applicable Statutes and Regulations
- Republic Act No. 7166, Section 14:
• Requires “every candidate” and party treasurer to file full, true, itemized statement of contributions and expenditures within 30 days after election.
• Establishes administrative fines (₱1,000–₱30,000; ₱2,000–₱60,000 for subsequent offenses) and perpetual disqualification for repeat offenders.
• Prohibits assumption of office without filing. - COMELEC Resolution No. 2348 (January 13, 1992):
• Section 13 mandates written reminders to all candidates who filed certificates of candidacy to subm