749 PHIL. 80
PEREZ, J.:
The Commission RESOLVED, as it hereby RESOLVES, to approve the foregoing recommendation of Director Esmeralda-Amora-Ladra, Law Department, as follows:Olivia then filed the present petition for certiorari with Prayer for the Issuance of a Temporary Restraining Order, Status Quo Ante Order, and/or Writ of Preliminary Mandatory Injunction, raising the following issues:[7]Let the Law Department implement this resolution.
- To cancel the Certificate of Candidacy (COC) of aspirant Kimberly Da Silva Cerafica without prejudice to any civil, criminal or administrative liability that she may have incurred pursuant to Section 14 of COMELEC Resolution 9518; and
- To deny the substitution of Kimberly Da Silva Cerafica by Olivia Da Silva Cerafica as an effect of the cancellation of the COC of Kimberly.
SO ORDERED.
In its Comment[8] filed on 22 April 2013, respondent Comelec argued that Olivia cannot substitute Kimberly as the latter was never an official candidate because she was not eligible for the post by reason of her age, and that, moreover, the COC that Kimberly filed was invalid because it contained a material misrepresentation relating to her eligibility for the office she seeks to be elected to.[9] The Comelec further averred that it can cancel Kimberly’s COC motu proprio as it may look into patent defects in the COCs, such as Kimberly’s failure to comply with the age requirement.[10]I.
WHETHER PUBLIC RESPONDENT COMMISSION ON ELECTIONS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AND CONTRARY TO LAW AND JURISPRUDENCE IN ISSUING THE ASSAILED MINUTE RESOLUTION RESULTING IN THE CANCELLATION OF THE CERTIFICATE OF CANDIDACY (COC) OF ASPIRANT KIMBERLY DA SILVA CERAFICA AND THE DENIAL OF THE SUBSTITUTION OF KIMBERLY DA SILVA CERAFICA BY OLIVIA DA SILVA CERAFICA AS AN EFFECT OF THE CANCELLATION OF THE COC OF KIMBERLY.II.
WHETHER PUBLIC RESPONDENT COMMISSION ON ELECTIONS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AND CONTRARY TO LAW AND JURISPRUDENCE WHEN IT RULED THAT THERE WAS NO VALID SUBSTITUTION BY PETITIONER FOR KIMBERLY RESULTING IN THE MOTU PROPRIO DENIAL OF PETITIONER’S CERTIFICATE OF CANDIDACY.III.
WHETHER PUBLIC RESPONDENT COMMISSION ON ELECTIONS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AND CONTRARY TO LAW AND JURISPRUDENCE IN ISSUING THE ASSAILED RESOLUTION WITHOUT GIVING PETITIONER AN OPPORTUNITY TO BE HEARD, THEREBY RESULTING IN THE MOTU PROPRIO DENIAL OF THE SUBSTITUTION OF KIMBERLY DA SILVA CERAFICA BY OLIVIA DA SILVA CERAFICA.
Sec. 77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of election day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is candidate or, in case of candidates to be voted for by the entire electorate of the country, with the Commission.Under the express provision of Sec. 77 of B. P. Blg. 881, not just any person, but only “an official candidate of a registered or accredited political party” may be substituted.[21] In the case at bar, Kimberly was an official nominee of the Liberal Party;[22] thus, she can be validly substituted.
Substitution of Luna for Hans Roger was Valid
Luna contends that Hans Roger filed a valid certificate of candidacy and, subsequently, upon Hans Roger’s withdrawal of his certificate of candidacy, there was a valid substitution by Luna.
On the other hand, the COMELEC ruled that Hans Roger, being under age, could not be considered to have filed a valid certificate of candidacy and, therefore, is not a valid candidate who could be substituted by Luna.
When a candidate files his certificate of candidacy, the COMELEC has a ministerial duty to receive and acknowledge its receipt. Section 76 of the Omnibus Election Code (Election Code) provides:Sec. 76. Ministerial duty of receiving and acknowledging receipt. – The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy.In this case, when Hans Roger filed his certificate of candidacy on 5 January 2004, the COMELEC had the ministerial duty to receive and acknowledge receipt of Hans Roger’s certificate of candidacy. Thus, the COMELEC had the ministerial duty to give due course to Hans Rogers certificate of candidacy.
On 15 January 2004, Hans Roger withdrew his certificate of candidacy. The Election Code allows a person who has filed a certificate of candidacy to withdraw the same prior to the election by submitting a written declaration under oath. There is no provision of law which prevents a candidate from withdrawing his certificate of candidacy before the election.
On the same date, Luna filed her certificate of candidacy as substitute for Hans Roger. Section 77 of the Election Code prescribes the rules on substitution of an official candidate of a registered political party who dies, withdraws, or is disqualified for any cause after the last day for the filing of certificate of candidacy. Section 77 of the Election Code provides:Sec. 77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of election day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is candidate or, in case of candidates to be voted for by the entire electorate of the country, with the Commission.Since Hans Roger withdrew his certificate of candidacy and the COMELEC found that Luna complied with all the procedural requirements for a valid substitution, Luna can validly substitute for Hans Roger.
The COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction in declaring that Hans Roger, being under age, could not be considered to have filed a valid certificate of candidacy and, thus, could not be validly substituted by Luna. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form. In Sanchez vs. Del Rosario, the Court ruled that the question of eligibility or ineligibility of a candidate for non-age is beyond the usual and proper cognizance of the COMELEC.
Section 74 of the Election Code provides that the certificate of candidacy shall state, among others, the date of birth of the person filing the certificate. Section 78 of the Election Code provides that in case a person filing a certificate of candidacy has committed false material representation, a verified petition to deny due course to or cancel the certificate of candidacy of said person may be filed at any time not later than 25 days from the time of filing of the certificate of candidacy.
If Hans Roger made a material misrepresentation as to his date of birth or age in his certificate of candidacy, his eligibility may only be impugned through a verified petition to deny due course to or cancel such certificate of candidacy under Section 78 of the Election Code.
In this case, there was no petition to deny due course to or cancel the certificate of candidacy of Hans Roger. The COMELEC only declared that Hans Roger did not file a valid certificate of candidacy and, thus, was not a valid candidate in the petition to deny due course to or cancel Luna’s certificate of candidacy. In effect, the COMELEC, without the proper proceedings, cancelled Hans Roger’s certificate of candidacy and declared the substitution by Luna invalid.
It would have been different if there was a petition to deny due course to or cancel Hans Roger’s certificate of candidacy. For if the COMELEC cancelled Hans Roger’s certificate of candidacy after the proper proceedings, then he is no candidate at all and there can be no substitution of a person whose certificate of candidacy has been cancelled and denied due course. However, Hans Roger’s certificate of candidacy was never cancelled or denied due course by the COMELEC.
Moreover, Hans Roger already withdrew his certificate of candidacy before the COMELEC declared that he was not a valid candidate. Therefore, unless Hans Roger’s certificate of candidacy was denied due course or cancelled in accordance with Section 78 of the Election Code, Hans Roger’s certificate of candidacy was valid and he may be validly substituted by Luna.[26] (Emphases supplied.)
A division of the COMELEC should have first heard this case. The COMELEC en banc can only act on the case if there is a motion for reconsideration of the decision of the COMELEC division. Hence, the COMELEC en banc acted without jurisdiction when it ordered the cancellation of Bautista’s certificate of candidacy without first referring the case to a division for summary hearing.The determination of whether a candidate is eligible for the position he is seeking involves a determination of fact where parties must be allowed to adduce evidence in support of their contentions.[31] We thus caution the Comelec against its practice of impetuous cancellation of COCs via minute resolutions adopting the recommendations of its Law Department when the situation properly calls for the case’s referral to a Division for summary hearing.x x x x
Under Section 3, Rule 23 of the 1993 COMELEC Rules of Procedure, a petition for the denial or cancellation of a certificate of candidacy must be heard summarily after due notice. It is thus clear that cancellation proceedings involve the exercise of the quasi-judicial functions of the COMELEC which the COMELEC in division should first decide. More so in this case where the cancellation proceedings originated not from a petition but from a report of the election officer regarding the lack of qualification of the candidate in the barangay election. The COMELEC en banc cannot short cut the proceedings by acting on the case without a prior action by a division because it denies due process to the candidate.[30] (Emphasis supplied.)