G.R. No.

215995, January 19, 2016 disqualification of a candidate is allegedly covered by Sections 12, 68,
69 and 78 of the Omnibus Election Code. In petitioner's view, the
VICE-MAYOR MARCELINA S. ENGLE, Petitioner, v. COMMISSION petition to cancel her COC is dismissible according to the second
ON ELECTIONS EN BANC AND WINSTON B. paragraph of Section 1 of COMELEC Resolution No. 9523 which
MENZON, Respondents. provides that "[a] petition to Deny Due Course to or Cancel Certificate
of Candidacy invoking grounds other than those stated above or
DECISION grounds for disqualification, or combining grounds for a separate
remedy, shall be summarily dismissed."
LEONARDO-DE CASTRO, J.:

Challenged in this petition for certiorari and prohibition under Rule in As for petitioner's counter-arguments on the substantive issues, she
relation to Rule 65 of the 1997 Rules of Civil Procedure is the contended that there was no official declaration from the COMELEC
Resolution1 of the Commission on Elections (COMELEC) En Banc that her deceased husband was an independent candidate. Private
dated January 20, 2015 which upheld the Resolution2 of the respondent's reliance on a mere print out of the COMELEC website
COMELEC Second Division dated July 5, 2013, denying due course to listing her husband as an independent candidate was misplaced as the
and/or cancelling petitioner's certificate of candidacy; annulling her same cannot be considered authoritative as opposed to official
proclamation as the duly-elected Vice-Mayor of Babatngon, Leyte; and documents that showed James L. Engle's nomination by Lakas-CMD
proclaiming private respondent in her stead. and his acceptance of said nomination to run for the position of Vice-
Mayor of Babatngon, Leyte under the banner of Lakas-CMD.
Petitioner and private respondent vied for the position of Vice-Mayor of Moreover, petitioner stressed that Romualdez was authorized to sign
the Municipality of Babatngon, Province of Leyte in the May 13, 2013 James L. Engle's CONA. She attached to her Verified Answer a copy
Automated Synchronized National, Local and ARMM Regional of the Authority to Sign Certificates of Nomination and Acceptance
Elections (the May 13, 2013 Elections, for brevity). Petitioner's late dated September 11, 2012 which was signed by Ramon "Bong"
husband, James L. Engle, was originally a candidate for said contested Revilla, Jr. (National President) and Jose S. Aquino II (Secretary-
position; however, he died of cardiogenic shock on February 2, General) of Lakas-CMD in favor of Romualdez.
2013.3 Due to this development, petitioner filed her certificate of
candidacy4 on February 22, 2013 as a substitute candidate for her The petition to deny due course or cancel petitioner's COC was still
deceased spouse. pending with the COMELEC Second Division when the May 13, 2013
Elections were held. James L. Engle's name remained on the ballot.
In response, private respondent filed, on February 25, 2013, a Petition On May 15, 2013, the Municipal Board of Canvassers issued a
to Deny Due Course and/or Cancel the Certificate of certificate of canvass of votes and proclamation of winning candidates
Candidacy5 (COC) of petitioner arguing in the main that the latter for Babatngon Mayor and Vice-Mayor9 wherein petitioner was declared
misrepresented that she is qualified to substitute her husband, who as the duly-elected Vice-Mayor of Babatngon, Leyte. Petitioner was
was declared an independent candidate by the COMELEC. It would credited with the Six Thousand Six Hundred Fifty Seven (6,657) votes
appear that James L. Engle's Certificate of Nomination and cast for her husband as against private respondent's Three Thousand
Acceptance (CONA) was signed by Lakas Christian Muslim Democrats Five Hundred Fifteen (3,515) votes.10chanroblesvirtuallawlibrary
(Lakas-CMD) Leyte Chapter President, Ferdinand Martin G.
Romualdez (Romualdez). However, Lakas-CMD failed to submit to the It was only on July 5, 2013 did the COMELEC Second Division
COMELEC Law Department the authorization of Romualdez to sign promulgate the assailed Resolution which denied due course to and
the CONAs of Lakas-CMD candidates in Babatngon as prescribed by cancelled petitioner's COC resulting in the annulment of petitioner's
Section 6(3) of COMELEC Resolution No. 9518. Thus, the COMELEC previous proclamation as duly-elected Vice-Mayor of Babatngon, Leyte
Law Department considered all Lakas-CMD candidates whose CONAs and the declaration of private respondent as winner of the contested
were signed by Romualdez as independent candidates.6 For this position. The dispositive portion of the July 5, 2013 Resolution is
reason, private respondent charged petitioner with violation of Section reproduced here:
15, COMELEC Resolution No. 9518 which disallows the substitution of
WHEREFORE, premises considered, this Commission
an independent candidate. He argued that petitioner's declaration that
hereby RESOLVES to DENY DUE COURSE to and/or CANCEL the
she was a member of the political party, Lakas-CMD, was intended to
Certificate of Candidacy filed by Respondent MARCELINA S.
deceive the electorate that she was qualified to substitute her husband.
ENGLE for the position of Vice-Mayor of Babatngon, Leyte, for the 13
Additionally, private respondent claimed that "[t]he false representation
May 2013 National and Local Elections. Moreover,
of the [petitioner] that she is qualified for public office consisted of a
Respondent MARCELINA S. ENGLE's proclamation as the duly-
deliberate attempt to mislead, misinform, or hide a fact that would
elected Vice-Mayor of Babatngon, Leyte is hereby ANNULLED.
otherwise render a candidate ineligible."7chanroblesvirtuallawlibrary
Accordingly:ChanRoblesVirtualawlibrary
In petitioner's Verified Answer,8 she countered that: (1) the ground 1. The Executive Director is ordered to constitute a Special Municipal
relied upon in private respondent's petition was not the ground Board of Canvassers for the municipality of Babatngon, Leyte; and
contemplated by Section 1, Rule 23 of COMELEC Resolution No.
9523; (2) the COMELEC did not issue an official declaration that 2. The Special Municipal Board of Canvassers is ordered to
petitioner's husband was an independent candidate; and (3) James L. immediately notify the parties, reconvene and proclaim
Engle's CONA was signed by an authorized person acting on behalf of Petitioner WINSTON B. MENZON as the duly-elected Vice-Mayor of
LAKAS-CMD. Babatngon, Leyte.

With regard to her first counter-argument, petitioner posited that, under Let the Executive Director implement this Resolution.11chanrobleslaw
Section 1, Rule 23 of COMELEC Resolution No. 9523, the exclusive
ground for denial or cancellation of a COC is the falsity of a material
representation contained therein that is required by law. Private According to the COMELEC Second Division, the substitution of
respondent's assertion that petitioner's statement in her COC regarding petitioner as a candidate in place of her deceased husband for the
her affiliation with a political party was such a false representation is position of Vice-Mayor of Babatngon, Leyte was not a material
"absurd" considering that her CONA was signed by Senator Ramon misrepresentation which may be a ground for cancellation of her COC
"Bong" Revilla, Jr. and Mr. Raul L. Lambino, President and Senior under Section 78, in relation to Section 74, of the Omnibus Election
Deputy Secretary-General of Lakas-CMD, respectively. Assuming the Code (OEC). Citing jurisprudence, the COMELEC Second Division
veracity of private respondent's allegations, his contention that ruled that the false representation contemplated under the law refers to
petitioner is disqualified to run as a substitute is not a proper subject of a material fact affecting a candidate's qualification for office such as
a petition to deny due course or to cancel a COC. The qualification or citizenship or residence.
 DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION
Despite the foregoing finding, the COMELEC Second Division AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
nonetheless found sufficient basis to cancel petitioner's COC on the DECLARED THAT ROMUALDEZ HAS NO AUTHORITY TO SIGN
ground that she could not have validly substituted her husband, who THE CON A OF LAKAS-CMD's CANDIDATES IN
was deemed an independent candidate for failure of Lakas-CMD to LEYTE.chanRoblesvirtualLawlibrary
submit to the COMELEC Law Department Romualdez's authority to
sign CONAs for and on behalf of the party on or before October 1, V
2012 in violation of Section 6 (3) of COMELEC Resolution No. 9518.
The COMELEC Second Division noted that the purported authorization
of Romualdez to sign CONAs for Lakas-CMD candidates in Leyte was PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND
belatedly submitted in connection with the proceedings on the petition DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION
to deny due course to, or cancel petitioner's COC. AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
GRANTED THE PETITION FILED BY MENZON AND PENALIZED
Finally, on the point on who should be declared the winning candidate THE PETITIONER FOR AN OMISSION DONE BY ANOTHER PARTY
for the position of Vice-Mayor of Babatngon, the COMELEC Second AS THIS RUN CONTRARY TO THE PRINCIPLE OF RES INTER
Division held that private respondent, the second placer, should be ALIOSACTA.chanRoblesvirtualLawlibrary
declared the winner in line with jurisprudence stating that if the COC of
VI
the winning candidate is void ab initio then the votes of the disqualified
or ineligible candidate should be considered stray.
PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND
Aggrieved, petitioner moved for reconsideration of the aforementioned DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION
ruling of the COMELEC Second Division with the COMELEC En AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
Banc. However, the latter tribunal denied petitioner's plea in the DECLARED THAT PETITIONER ENGLE CANNOT VALIDLY
assailed January 20, 2015 Resolution, the dispositive portion of which SUBSTITUTE HER DECEASED HUSBAND, JAMES L. ENGLE, AS
reads: THE LAKAS-CMD CANDIDATE FOR THE POSITION OF VICE-
MAYOR OF BABATNGON, LEYTE.chanRoblesvirtualLawlibrary
WHEREFORE, premises considered, the Motion for Reconsideration
is DENIED for LACK OF MERIT. The Resolution of the Commission VII
(Second Division) is AFFIRMED.12chanrobleslaw

PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND

Appealing now to this Court for relief, petitioner offers the following DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION
arguments in support of her petition: AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
DISREGARDED AND BYPASSED THE WILL OF THE ELECTORATE
I
BY IGNORING THE OVERWHELMING AND PROMINENT NUMBER
OF VOTES OBTAINED BY ENGLE DURING THE RECENTLY
PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND CONCLUDED MAY 13, 2013 NATIONAL AND LOCAL
DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION ELECTIONS.chanRoblesvirtualLawlibrary
AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
VIII
GRANTED THE PETITION FILED BY MENZON DESPITE ITS
FINDING THAT ENGLE DID NOT COMMIT ANY MATERIAL
MISREPRESENTATION IN HER CERTIFICATE OF PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND
CANDIDACY.chanRoblesvirtualLawlibrary DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
II
ORDERED THE PROCLAMATION OF MENZON, THE CANDIDATE
WHO OBTAINED THE SECOND HIGHEST NUMBER OF VOTES,
PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND FOR THE POSITION OF VICE-MAYOR OF BABATNGON,
DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION LEYTE.13chanroblesvirtuallawlibrary
AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
GRANTED THE PETITION FILED BY MENZON EVEN THOUGH NO
During the pendency of this petition, the COMELEC En Banc issued on
LEGAL GROUND EXISTS TO DENY DUE COURSE TO OR CANCEL
February 3, 2015 a Writ of Execution14 in SPA Case No. 13-232 (DC)
ENGLE'S CERTIFICATE OF CANDIDACY GIVEN THE ABSENCE OF
(F) in response to a motion filed by private respondent which set the
MATERIAL MISREPRESENTATION IN THIS
stage for the immediate implementation of the assailed COMELEC
CASE.chanRoblesvirtualLawlibrary
Resolutions which are the subject matter of this case.
III
On February 26, 2015, the COMELEC filed its Comment15 wherein it
raised the following counter-arguments:
PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND
DIVISION ACTED WITH GRAVE ABUSE OF DISCRETION I.
AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT
DENIED DUE COURSE TO AND CANCELLED PETITIONER'S
THE NAME AND SPECIMEN SIGNATURES OF THE PARTY
CERTIFICATE OF CANDIDACY EVEN THOUGH THE PETITION
OFFICIAL AUTHORIZED TO SIGN THE CONA SHOULD BE
FILED BY MENZON IS CLEARLY THE WRONG LEGAL REMEDY TO
TRANSMITTED TO THE COMELEC WITHIN THE PERIOD
ASSAIL THE SUPPOSED INVALIDITY OF PETITIONER'S
PROVIDED IN RESOLUTION NO. [9518].chanRoblesvirtualLawlibrary
SUBSTITUTION THUS VIOLATING ENGLE'S CONSTITUTIONAL
RIGHT TO DUE PROCESS OF LAW.chanRoblesvirtualLawlibrary II.
IV
POLITICAL PARTIES AND THE CANDIDATES THEMSELVES KNEW
OF RESOLUTION NO. 9518 AS IT WAS THE GUIDELINES
PUBLIC RESPONDENT COMELEC EN BANC AND ITS SECOND
PROMULGATED FOR THE CONDUCT OF THE MAY 2013
NATIONAL AND LOCAL ELECTIONS.chanRoblesvirtualLawlibrary WHETHER OR NOT PRIVATE RESPONDENT CAN BE VALIDLY
PROCLAIMED AS VICE-MAYOR OF BABATNGON, LEYTE DESPITE
III. HAVING PLACED ONLY SECOND IN THE MAY 13, 2013
ELECTIONS

OTHER CANDIDATES WERE SIMILARLY DEEMED INDEPENDENT

CANDIDATES FOR FAILURE TO COMPLY WITH RESOLUTION NO. We grant the petition.
9518.chanRoblesvirtualLawlibrary
Under Section 78 of the OEC, a petition to deny due course to, or
IV. cancel a COC may be filed on the exclusive ground of false material
representation in said COC. For reference, we quote the full provision
here:
THE PROSCRIPTION AGAINST THE SUBSTITUTION OF AN
INDEPENDENT CANDIDATE WHO DIES PRIOR TO THE ELECTION Section 78. Petition to deny due course to or cancel a certificate of
IS A LEGAL PRINCIPLE.chanRoblesvirtualLawlibrary candidacy. - A verified petition seeking to deny due course or to cancel
a certificate of candidacy may be filed by any person exclusively on the
V.
ground that any material representation contained therein as required
under Section 74 hereof is false. The petition may be filed at any time
PETITIONER COULD NOT BE VOTED FOR IN THE MAY 2013 not later than twenty-five days from the time of the filing of the
NATIONAL AND LOCAL ELECTIONS.chanRoblesvirtualLawlibrary certificate of candidacy and shall be decided, after due notice and
hearing, not later than fifteen days before the election.
VI.

Section 74 of the OEC in turn enumerates the items that should be

PETITIONER WAS NOT DENIED DUE PROCESS WHEN HER COC stated in a COC, to wit:
WAS CANCELLED BY THE COMELEC.chanRoblesvirtualLawlibrary
Section 74. Contents of certificate of candidacy. - The certificate of
VII. 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,
NO GRAVE ABUSE OF DISCRETION WAS COMMITTED BY including its component cities, highly urbanized city or district or sector
COMELEC IN CANCELLING PETITIONER'S which he seeks to represent; the political party to which he belongs;
COC.16chanroblesvirtuallawlibrary 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
Private respondent likewise filed his Comment/Opposition17 on March faith and allegiance thereto; that he will obey the laws, legal orders,
17, 2015. In his pleading, private respondent identified the following and decrees promulgated by the duly constituted authorities; that he is
issues that should be resolved in this case: not a permanent resident or immigrant to a foreign country; that the
obligation imposed by his oath is assumed voluntarily, without mental
Whether or not petitioner Engle can validly substitute for her late
reservation or purpose of evasion; and that the facts stated in the
husband James Engle who was an independent candidate for Vice-
certificate of candidacy are true to the best of his knowledge.
Mayor of Babatngon, Leyte;

Whether or not private respondent (sic) the Commission En Bane erred Unless a candidate has officially changed his name through a court
in ordering the proclamation of private respondent Menzon as the approved proceeding, a [candidate] shall use in a certificate of
candidate who obtained the second highest number of votes, for the candidacy the name by which he has been baptized, or if has not been
position of Vice-Mayor of Babatngon, Leyte; 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
Whether or not the Commission En Bane erred in granting private of existing law or, in the case of a Muslim, his Hadji name after
respondent's Petition in the absence of a finding of material performing the prescribed religious pilgrimage: Provided, That when
misrepresentation of this case; [and] 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
Whether or not petitioner's prayer for issuance of temporary restraining state his paternal and maternal surname, except the incumbent who
order and/or status quo ante order and/or preliminary injunction is may continue to use the name and surname stated in his certificate of
meritorious.18 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.

From the parties' submissions, it is apparent that this case rests upon The person filing a certificate of candidacy shall also affix his latest
the resolution of the following core issues: photograph, passport size; a statement in duplicate containing his bio-
data and program of government not exceeding one hundred words, if
I
he so desires.

WHETHER OR NOT PETITIONER'S COC WAS VALIDLY

Based on the letter of the foregoing provisions, we agree with the
CANCELLED BY THE COMELECchanRoblesvirtualLawlibrary
COMELEC Second Division finding, implicitly affirmed by the
II COMELEC En Banc, that there was no false material representation in
petitioner's COC under Section 78, in relation to Section 74, of the
OEC.
WHETHER OR NOT PETITIONER CAN VALIDLY SUBSTITUTE HER
HUSBAND JAMES L. ENGLE AFTER HIS UNEXPECTED We quote with approval the following disquisition in the COMELEC
DEMISEchanRoblesvirtualLawlibrary Second Division's Resolution dated July 5, 2013:

III
The false representation which is a ground for a denial of due course to the Law Department as required under Section 6(3) of COMELEC
and/or cancellation of a candidate's COC refers to a material fact Resolution No. 9518 and in view thereof petitioner's COC as her
relating to the candidate's qualification for office such as one's husband's substitute was denied due course.
citizenship or residence. Thus, citing Salcedo II v. COMELEC and Lluz
v. COMELEC, the Supreme Court, in the case of [Ugdoracion], Jr. v. First, the COMELEC Law Department's "ruling" was issued only after
COMELEC, et al, ruled as follows:ChanRoblesVirtualawlibrary the filing of petitioner's COC. Second, with respect to the denial of due
course to James L. Engle's COC as a nominee of Lakas-CMD and to
In case there is a material misrepresentation in the certificate of petitioner's COC as his substitute, the COMELEC Law Department's
candidacy, the Comelec is authorized to deny due course to or cancel letter is not binding and at most, recommendatory. It is settled in
such certificate upon the filing of a petition by any person pursuant to jurisprudence that the denial of due course or cancellation of one's
Section 78. x x x. COC is not within the administrative powers of the COMELEC, but
rather calls for the exercise of its quasi-judicial functions.22 We have
x x x x also previously held that the COMELEC, in the exercise of its
adjudicatory or quasi-judicial powers, is mandated by the Constitution
As stated in the law, in order to justify the cancellation of the certificate to hear and decide such cases first by Division and, upon motion for
of candidacy under Section 78, it is essential that the false reconsideration, by the En Banc.23 In resolving cases to deny due
representation mentioned therein pertain [s] to a material matter for the course to or cancel certificates of candidacy, the COMELEC cannot
sanction imposed by this provision would affect the substantive rights merely rely on the recommendations of its Law Department but must
of a candidate the right to run for the elective post for which he filed the conduct due proceedings through one of its divisions.24 Returning to
certificate of candidacy. Although the law does not specify what would the case at bar, the COMELEC Second Division only formally ruled on
be considered as a material representation, the court has interpreted the status of James L. Engle as an independent candidate and the
this phrase in a line of decisions applying Section 78 of [B.P. 881]. invalidity of petitioner's substitution on July 5, 2013, months after the
May 13, 2013 Elections.
x x x x
Under these premises, the COMELEC correctly did not cancel
Therefore, it may be concluded that the material misrepresentation petitioner's COC on the ground of false material representation as
contemplated by Section 78 of the Code refer[s] to qualifications for there was none.
elective office. This conclusion is strengthened by the fact that the
consequences imposed upon a candidate guilty of having made a false This brings us to the second issue. Despite finding that there was no
representation in [the] certificate of candidacy are grave to prevent the false material representation in petitioner's COC, the COMELEC
candidate from running or, if elected, from serving, or to prosecute him nonetheless cancelled the same on the ground of invalidity of
for violation of the election laws. It could not have been the intention of petitioner's substitution for her husband as candidate for Vice-Mayor of
the law to deprive a person of such a basic and substantive political Babatngon, Leyte. The COMELEC anchored its action on the fact that
right to be voted for a public office upon just any innocuous Romualdez's authority to sign James L. Engle's CONA was belatedly
mistake.19chanroblesvirtuallawlibrary submitted and thus, the latter should be considered an independent
candidate who cannot be substituted under Section 7725 of the OEC
and Section 15 of COMELEC Resolution No.
Undeniably, private respondent failed to demonstrate that petitioner 9518.26chanroblesvirtuallawlibrary
made a false statement regarding her qualifications or concealed any
disqualification for the office to which she sought to be elected in her It is on this point that the Court sees fit to overturn the COMELEC's
COC to warrant its cancellation under Section 78. disposition of the present case.

The records also show that when petitioner's husband filed his The COMELEC relies heavily on Section 6 of COMELEC Resolution
certificate of candidacy on October 4, 2012 with the Office of the No. 9518, which reads:
Election Officer in Babatngon, Leyte he clearly indicated therein that he
was a nominee of Lakas-CMD and attached thereto not only the CONA Section 6. Filing of Certificate of Nomination and Acceptance of Official
signed by Romualdez but also the Authority to Sign Certificates of Candidates of a Political Party / Coalition of Political Parties. - The
Nomination and Acceptance dated September 12, 2012 in favor of Certificate of Nomination and Acceptance (CONA) of the official
Romualdez signed by Lakas-CMD President Revilla and Lakas-CMD candidates of the duly registered political party or coalition of political
Secretary-General Aquino. In Sinaca v. Mula,20 we held: parties shall be, in five (5) legible copies, attached to and filed
simultaneously with the Certificate of Candidacy. The CONA shall also
A certificate of candidacy is in the nature of a formal manifestation to be stamped received in the same manner as the Certificate of
the whole world of the candidate's political creed or lack of political Candidacy.
creed. It is a statement of a person seeking to run for a public office
certifying that he announces his candidacy for the office mentioned and The CONA, sample form attached, shall be duly signed and attested to
that he is eligible for the office, the name of the political party to which under oath, either by the Party President, Chairman, Secretary-
he belongs, if he belongs to any, and his post-office address for all General or any other duly authorized officer of the nominating
election purposes being as well stated. party and shall bear the acceptance of the nominee as shown by his
signature in the space provided therein.
Verily, it was publicly known that James L. Engle was a member of
For this purpose, all duly registered political parties or coalition of
Lakas-CMD. As far as the party and his wife were concerned, James L.
political parties shall, not later than October 1, 2012, submit to the Law
Engle, as a member of Lakas-CMD, may be substituted as a candidate
Department, the names and specimen signatures of the authorized
upon his death. There was no evidence on record that the party or
signatories of their official party nominations.
petitioner had notice or knowledge of the COMELEC's classification of
James L. Engle as an independent candidate prior to February 22,
No duly registered political party or coalition of political parties shall be
2013 when petitioner filed her COC as a substitute for her deceased
allowed to nominate more than the number of candidates required to
husband. The only document in the record indicating that Lakas-CMD
be voted for in a particular elective position; otherwise, in such a
had been notified of James L. Engle's designation as an independent
situation, all of the nominations shall be denied due course by the
candidate is the Letter dated March 21, 2013 sent by the COMELEC
Commission. (Emphases supplied.)
Law Department to Romualdez21 stating that James L. Engle was
declared an independent candidate due to the failure of Lakas-CMD to
submit the authority of Romualdez to sign James L. Engle's CONA to The Commission stressed that the belated filing of Romualdez's
authority to sign James L. Engle's COC only in connection with the period for the local elections began on March 29, 2013.30 Yet, he
proceedings for cancellation of petitioner's own COC is fatal to received almost twice the number of votes as the second placer,
petitioner's cause in view of the categorical directive in the above private respondent, in a decisive victory. Since the people of
provision that said authority must be submitted to its Law Department Babatngon, Leyte could not have possibly meant to waste their votes
on or before October 1, 2012. on a deceased candidate, we conclude that petitioner was the
undisputed choice of the electorate as Vice-Mayor on the apparent
This Court recognizes that the COMELEC is empowered by law to belief that she may validly substitute her husband. That belief was not
prescribe such rules so as to make efficacious and successful the contradicted by any official or formal ruling by the COMELEC prior to
conduct of elections.27 However, it is a long standing principle in the elections.
jurisprudence that rules and regulations for the conduct of elections are
mandatory before the election, but when they are sought to be We held in Rulloda v. Commission on Elections31 that:
enforced after the election they are held to be directory only, if that is
possible, especially where, if they are held to be mandatory, innocent Technicalities and procedural niceties in election cases should not be
voters will be deprived of their votes without any fault on their made to stand in the way of the true will of the electorate. Laws
part.28 Over time, we have qualified this doctrine to refer only governing election contests must be liberally construed to the end that
to matters of form and cannot be applied to the substantial the will of the people in the choice of public officials may not be
qualifications of candidates. This was discussed at length in Mitra v. defeated by mere technical objections.
Commission on Elections,29 thus:
Election contests involve public interest, and technicalities and
We have applied in past cases the principle that the manifest will of the procedural barriers must yield if they constitute an obstacle to the
people as expressed through the ballot must be given fullest effect; in determination of the true will of the electorate in the choice of their
case of doubt, political laws must be interpreted to give life and spirit to elective officials. The Court frowns upon any interpretation of the law
the popular mandate. Thus, we have held that while provisions relating that would hinder in any way not only the free and intelligent casting of
to certificates of candidacy are in mandatory terms, it is an established the votes in an election but also the correct ascertainment of the
rule of interpretation as regards election laws, that mandatory results.
provisions, requiring certain steps before elections, will be construed
as directory after the elections, to give effect to the will of the people.
We had the occasion to rule in Sinaca that "an election in which the
Quite recently, however, we warned against a blanket and unqualified voters have fully, fairly, and honestly expressed their will is not invalid
reading and application of this ruling, as it may carry dangerous even though an improper method is followed in the nomination of
significance to the rule of law and the integrity of our elections. For candidates."32 In the same case, we proceeded to enumerate
one, such blanket/unqualified reading may provide a way around the examples of formal defects in a COC that may be treated with liberality
law that effectively negates election requirements aimed at providing once the electorate has spoken in an election, to wit:
the electorate with the basic information for an informed choice about a
candidate's eligibility and fitness for office. Short of adopting a clear cut It has been held that the provisions of the election law regarding
standard, we thus made the following certificates of candidacy, such as signing and swearing on the same,
clarification:ChanRoblesVirtualawlibrary as well as the information required to be stated therein, are considered
mandatory prior to the elections. Thereafter, they are regarded as
We distinguish our ruling in this case from others that we have made in merely directory. With respect to election laws, it is an established rule
the past by the clarification that COC defects beyond matters of of interpretation that mandatory provisions requiring certain steps
form and that involve material misrepresentations cannot avail of the before election will be construed as directory after the elections, to give
benefit of our ruling that COC mandatory requirements before elections effect to the will of the electorate. Thus, even if the certificate of
are considered merely directory after the people shall have spoken. A candidacy was not duly signed or if it does not contain the required
mandatory and material election law requirement involves more than data, the proclamation of the candidate as winner may not be nullified
the will of the people in any given locality. Where a material COC on such ground. The defects in the certificate should have been
misrepresentation under oath is made, thereby violating both our questioned before the election; they may not be questioned after the
election and criminal laws, we are faced as well with an assault on the election without invalidating the will of the electorate, which should not
will of the people of the Philippines as expressed in our laws. In a be done. In Guzman v. Board of Canvassers, the Court held that the
choice between provisions on material qualifications of elected officials, "will of the people cannot be frustrated by a technicality that the
on the one hand, and the will of the electorate in any given locality, on certificate of candidacy had not been properly sworn to. This legal
the other, we believe and so hold that we cannot choose the electorate provision is mandatory and non-compliance therewith before the
will. election would be fatal to the status of the candidate before the
[election], but after the people have expressed their will, the result of
Earlier, Frivaldo v. COMELEC provided the following test: the election cannot be defeated by the fact that the candidate has not
sworn to his certificate of candidacy."33chanrobleslaw
[T]his Court has repeatedly stressed the importance of giving effect to
the sovereign will in order to ensure the survival of our democracy. In
any action involving the possibility of a reversal of the popular electoral Applying these jurisprudential precedents, we find that the late
choice, this Court must exert utmost effort to resolve the issues in a submission of Romualdez's authority to sign the CONA of James L.
manner that would give effect to the will of the majority, for it is merely Engle to the COMELEC was a mere technicality that cannot be used to
sound public policy to cause elective offices to be filled by those who defeat the will of the electorate in a fair and honest election.
are the choice of the majority. To successfully challenge a winning
candidate's qualifications, the petitioner must clearly demonstrate that The Court has likewise ruled in the past that non-compliance with
the ineligibility is so patently antagonistic to constitutional and legal formal requirements laid down in election laws when not used as a
principles that overriding such ineligibility and thereby giving effect to means for fraudulent practice will be considered a harmless
the apparent will of the people would ultimately create greater irregularity.34 Allowing the belated submission of Romualdez's
prejudice to the very democratic institutions and juristic traditions that authority to sign CONAs will not result in the situation proscribed by
our Constitution and laws so zealously protect and promote. (Citations Section 77 of the OEC - that an independent candidate will be invalidly
omitted, underscoring supplied.) substituted. In the case at bar, neither the COMELEC nor private
respondent contended that James L. Engle was not in fact a bona
fide member of Lakas-CMD. The record is bereft of any allegation that
As may be recalled, petitioner's deceased husband's name remained the authority in favor of Romualdez was inexistent, forged or in any
on the ballot notwithstanding his death even before the campaign way defective. The only issue was that it was not submitted within the
prescribed deadline. Nonetheless, said authority was submitted as Mayor of Babatngon, Leyte during the May 13, 2013 Elections.
early as October 4, 2012 to the local election officer and subsequently
to the COMELEC itself in the course of the proceedings on private SO ORDERED.cralawlawlibrary
respondent's petition to deny due course to, or cancel petitioner's
COC, thereby putting election officials on notice that such authority
exists even before the conduct of the May 13, 2013 Elections.

We distinguish this case from Federico v. Commission on

Elections,35 wherein we strictly applied election rules on substitution,
particularly the deadline to file certificates of candidacy for substitutes
of candidates who voluntarily withdraw from the electoral race.
In Federico, a liberal interpretation of the rule would have led to a
violation of the clear policy that no substitution for a voluntarily
withdrawing candidate can be made beyond the mandated deadline. In
the case at bar, the intention behind setting a deadline for the filing by
political parties of an authority to sign CONAs was to give the
COMELEC reasonable opportunity to determine who are members of
political parties and who are independent candidates. This is so the
COMELEC may prevent a violation of Section 77 of the OEC which
reserves the right to field a substitute candidate to duly registered
political parties. A relaxation of the rules in the present case would not
result in the evil sought to be prevented. On the contrary, it is the strict
application of the rules that would lead to the iniquitous situation that a
candidate who was in fact a member of a political party would be
considered an independent, thus infringing the right of the nominating
political party to replace him in the event of death, withdrawal or
disqualification pursuant to election laws.

To be sure, we have held that a political party has the right to identify
who its members are.36 From the evidence it can be concluded that
James L. Engle was not an independent candidate but indeed a
nominee of Lakas-CMD and he may be validly substituted by his wife,
who was nominated by the same political party, in light of his
unexpected demise prior to the elections.

The COMELEC En Banc in its Resolution dated January 20, 2015

asserted that it cannot ignore Lakas-CMD's non-compliance with
Section 6 of COMELEC Resolution No. 9518 since the COMELEC En
Banc issued Minute Resolution No. 12-1133 dated December 11, 2012
applying said provision strictly against the Liberal Party in the case of
its local candidates for Camiguin who were similarly declared
independent candidates for failure to submit the authority to sign
CONAs before October 1, 2012. While we laud the COMELEC's
attempt to apply the rule equally among the political parties, it has only
itself to blame for the present situation. It bears stressing here that
election rules regarding formal matters are deemed mandatory before
the elections and only directory after the elections. In the case of the
Liberal Party candidates in Camiguin, the COMELEC En
Banc rendered a formal ruling on their status as independent
candidates, months before the election, such that the Liberal Party was
officially notified that its candidates in Camiguin can no longer be
substituted in the event of their death, withdrawal or disqualification.
Thus, the mandatory application of the rules was justified. In
petitioner's case, no official pronouncement was made by the
COMELEC regarding her husband's status as an independent
candidate and the validity of her filing a COC as his substitute until July
5, 2013, long after the elections were held. Indeed, it behooved the
COMELEC to similarly resolve petitioner's case prior to the elections
had it wanted to treat all political parties equally.

In light of the foregoing discussion that petitioner may validly substitute

her husband in the May 13, 2013 Elections, it is no longer necessary to
resolve the third issue on whether the COMELEC properly proclaimed
private respondent, the second-placer in the vice-mayoral race of
Babatngon, in place of petitioner, as well as the rest of the issues
raised in the pleadings.

WHEREFORE, premises considered, the petition is GRANTED. The

assailed Resolution dated July 5, 2013 of the COMELEC Second
Division and the Resolution dated January 20, 2015 of the
COMELEC En Banc in SPA 13-232 (DC) (F) are REVERSED and SET
ASIDE. Petitioner Marcelina S. Engle is declared the duly-elected Vice-