551 Phil. 428
CARPIO, J.:
After a careful evaluation x x x [w]e rule to grant the motion for reconsideration.Petitioners filed a motion for reconsideration, which the COMELEC En Banc denied in the assailed Resolution dated 25 May 2006. The COMELEC declared that while it "condemn[ed] in the strongest possible terms" private respondent's "morally appalling, devious, calculating, [and] deceitful" act, it could not prosecute private respondent for an election offense, but possibly only for an administrative or criminal offense.
Criminal intent is not absolutely disregarded in election offense cases. A good example is the provision of Section 261(y)(17) of [B.P. 881], which requires malicious intent in order that a person may be charged for omitting, tampering, or transferring to another list the name of a registered voter from the official list of voters posted outside the polling place.
In relation thereto, the fact that an offense is malum prohibitum does not exempt the same from the coverage of the general principles of criminal law. In this case, the provisions of Section 261 of [B.P. 881] must not be taken independent of the concepts and theories of criminal law.
The offense allegedly committed by the respondent is for failure to disclose his true occupation as required under Section 74 of [B.P. 881]. Apparently, respondent misrepresented himself as a CPA when in fact he is not. The misrepresentation having been established, the next issue posited by the parties is whether or not the misrepresentation should be material before it can be considered as an election offense.
We answer in the affirmative. Violation of Section 74 is a species of perjury, which is the act of knowingly making untruthful statements under oath. Settled is the rule that for perjury to be committed, it must be made with regard to a material matter.
Clearly, the principle of materiality remains to be a crucial test in determining whether a person can be charged with violating Section 74 of [B.P. 881] in relation to Section 262 thereof.
The case of [Salcedo] sheds light as to what matters are deemed material with respect to the certificate of candidacy, to wit: citizenship, residency and other qualifications that may be imposed. The nature of a candidate's occupation is definitely not a material matter. To be sure, we do not elect a candidate on the basis of his occupation.[4]
Section 262. Other election offenses.–Violation of the provisions, or pertinent portions, of the following sections of this Code shall constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239 and 240. (Emphasis supplied)The penal coverage of Section 262 is limited.
Section 74. Contents of certificate of candidacy.–The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; his post office address for all election purposes; his profession or occupation; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a candidate shall use in a certificate of candidacy the name by which he has been baptized, or he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case [of] a Muslim, his Hadji name after performing the prescribed religious pilgrimage: Provided, That when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one nickname or stage name by which he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires. (Emphasis supplied)
x x x it should not have been shunted aside to the Law Department for a roundabout investigation of [Larrazabal's] qualification through the filing of a criminal prosecution, if found to be warranted, with resultant disqualification of the accused in case of conviction. The COMELEC should have opted for a more direct and speedy process available under the law, considering the vital public interest involved and the necessity of resolving the question at the earliest possible time for the benefit of the inhabitants of Leyte.[9]By "direct and speedy process," the Court referred to Section 78 of B.P. 881, which states:
Section 78. Petition to deny due course to or cancel a certificate of candidacy.– A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election. (Emphasis supplied)Thus, upon considering the facts and seeing that Larrazabal's misrepresentation of her residence put her qualification as a candidate at issue,[10] the Court found that the case fell squarely within the provisions of Section 78 and directed the COMELEC to determine the residence qualification of Larrazabal. Notably, the Court did not make a finding that Abella had no cause of action under Section 262, but only characterized the criminal case as involving a "roundabout investigation" seeking an end – Larrazabal's disqualification – that could be achieved more speedily through an administrative proceeding under Section 78. The ruling in Abella recognized that Larrazabal's act of misrepresenting her residence, a fact required to be stated in her certificate of candidacy under Section 74 and which was also a qualification for all elective local officials, gave rise to two causes of action against her under B.P. 881: one, a criminal complaint under Section 262; and second, a petition to deny due course to or cancel a certificate of candidacy under Section 78.
In case there is a material misrepresentation in the certificate of candidacy, the Comelec is authorized to deny due course to or cancel such certificate upon the filing of a petition by any person pursuant to Section 78 x x x.From these two cases several conclusions follow. First, a misrepresentation in a certificate of candidacy is material when it refers to a qualification for elective office and affects the candidate's eligibility. Second, when a candidate commits a material misrepresentation, he or she may be proceeded against through a petition to deny due course to or cancel a certificate of candidacy under Section 78, or through criminal prosecution under Section 262 for violation of Section 74. Third, a misrepresentation of a non-material fact, or a non-material misrepresentation, is not a ground to deny due course to or cancel a certificate of candidacy under Section 78. In other words, for a candidate's certificate of candidacy to be denied due course or canceled by the COMELEC, the fact misrepresented must pertain to a qualification for the office sought by the candidate.
x x x x
As stated in the law, in order to justify the cancellation of the certificate of candidacy under Section 78, it is essential that the false representation mentioned therein pertain[s] to a material matter for the sanction imposed by this provision would affect the substantive rights of a candidate – the right to run for the elective post for which he filed the certificate of candidacy. Although the law does not specify what would be considered as a "material representation," the Court has interpreted this phrase in a line of decisions applying Section 78 of [B.P. 881].
x x x x
Therefore, it may be concluded that the material misrepresentation contemplated by Section 78 of the Code refer[s] to qualifications for elective office. This conclusion is strengthened by the fact that the consequences imposed upon a candidate guilty of having made a false representation in [the] certificate of candidacy are grave – to prevent the candidate from running or, if elected, from serving, or to prosecute him for violation of the election laws. It could not have been the intention of the law to deprive a person of such a basic and substantive political right to be voted for a public office upon just any innocuous mistake.
x x x x
Aside from the requirement of materiality, a false representation under Section 78 must consist of a "deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible." In other words, it must be made with an intention to deceive the electorate as to one's qualifications for public office. x x x[11] (Emphasis supplied)
Section 39. Qualifications. –Profession or occupation not being a qualification for elective office, misrepresentation of such does not constitute a material misrepresentation. Certainly, in a situation where a candidate misrepresents his or her profession or occupation in the certificate of candidacy, the candidate may not be disqualified from running for office under Section 78 as his or her certificate of candidacy cannot be denied due course or canceled on such ground.
(a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.
x x x x
Section 264. Penalties. – Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty.The position taken by petitioners merely highlights for us the absurdity of not applying here the reasons given by the Court in Salcedo, a mere disqualification case. In the present case, private respondent not only could be disqualified from holding public office and from voting but could also be deprived of his liberty were the COMELEC to pursue a criminal case against him. If in Salcedo the Court could not conceive the law to have intended that a person be deprived "of such a basic and substantive political right to be voted for a public office upon just any innocuous mistake" on the certificate of candidacy, weightier considerations here demand that materiality of the misrepresentation also be held an essential element of any violation of Section 74. Otherwise, every detail or piece of information within the four corners of the certificate of candidacy, even that which has no actual bearing upon the candidate's eligibility, could be used as basis for the candidate's criminal prosecution.
Art. 183. False testimony in other cases and perjury in solemn affirmation.– The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provision of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. (Emphasis supplied)The basis of the crime of perjury is the willful assertion of a falsehood under oath upon a material matter. Although the term "material matter" under Article 183 takes on a fairly general meaning, that is, it refers to the main fact which is the subject of inquiry,[12] in terms of being an element in the execution of a statement under oath it must be understood as referring to a fact which has an effect on the outcome of the proceeding for which the statement is being executed.[13] Thus, in the case of a certificate of candidacy, a material matter is a fact relevant to the validity of the certificate and which could serve as basis to grant or deny due course to the certificate in case it is assailed under Section 78. Of course, such material matter would then refer only to the qualifications for elective office required to be stated in the certificate of candidacy.
(a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect. (Emphasis supplied)[11] Salcedo, supra note 3 at 385-390.