SILVERIO R. TAGOLINO, Petitioner, vs. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND LUCY MARIE TORRES-GOMEZ, Respondents. G.R. No. 202202. Marc !", 20!#
PERALTA-BERNABE,
%$FACTS
On November 30, 2009, Richard Gomez (Richard) filed his cert certif ific icat ate e of cand candid idac acy y (CoC (CoC)) ith ith the the Comm Commis issi sion on on !lec !lecti tion ons s (CO" (CO"!# !#!C !C), ), see$ see$in in% % con% con%re ress ssio iona nall offi office ce as Re&re Re&resen sentat tative ive for the 'ort 'orth h #e%is #e%islat lative ive istri istrict ct of #eyte #eyte nder nder the the tic$ tic$et et of the the #ibe #ibera rall *art *arty y+ bs bsee-e ent ntly ly,, on ecember ., 2009, one of the o&&osin% in% candid ndida ates, /en /enav aven ent tra ra nt ntill illa a (nt (ntil illa la), ), file filed d a 1e 1eri rifie fied d *eti *etiti tion on,, alle%in% that Richard, ho as actally a resident of Colle%e tre tree et, !ast !ast Gre ree enh nhil ills ls,, an an an Cit City, "e "ettro "ani "anila la,, misre&resented in his CoC that he resided in 90 Carlota ill ills, s, Can4 Can4ad adie ien% n%,, Ormo Ormoc c City City++ 5n this this re re%a %ard rd,, nt ntil illa la ass asserted rted that that Richa ichard rd fail faile ed to mee eett the the one one () () year resid re siden ency cy re re- -ire ireme ment nt nder nder e ect ctio ion n ., 6r 6rti ticl cle e 15 of the the 978 *hili&&ine Constittion (Constittion) and ths shold be declared dis-alifiedineli%ible to rn for the said office+ 5n addition, ntilla &rayed that Richard:s CoC be denied de corse andor cancelled+ ISSUES%
;hethe ;hetherr or not the insta instant nt &etiti &etition on for -o -o arra arranto nto is meritorios<
RULING OF THE COURT%
=he &etition is meritorios+ 6+ istinction beteen a &etition for dis-alification and a &etition to deny de corse tocancel a certificate of candidacy+ =he Omnibs !lection Code (O!C) &rovides for certain remedies to assail a candidate:s bid for &blic office+ 6mon% these hich obtain &articlar si%nificance to this case are> () a &etition for dis-alification nder ection .7< and (2) a &etition to deny de corse to andor cancel a certificate of candidacy nder ection 87+ =he distinctions beteen the to are ell4&erceived+ ec+ 88+ Candidates in case of death, dis-alification or ithdraal of another+ 4 5f after the last day for the filin% of certificates of candidacy, an official candidate of a re%istered or accredited &olitical &arty dies, ithdras or is dis-alified for any case, only a &erson belon%in% to, and certified by, the same &olitical &arty may file a certificate of candidacy to re&lace the candidate ho died, ithdre or as dis-alified+ iver%ent effects of dis-alification and denial of de corse to andor cancellation of CoC cases vis4?4vis candidate sbstittion+ *roceedin%, from the fore%oin% discorse, it is evident that there lies a clear4ct distinction beteen a dis-alification case nder ection .7 and denial of de corse to andor cancellation of COC case nder ection 87 vis4?4vis their res&ective effects on candidate sbstittion nder ection 88+ 5n this case, it is ndis&ted that Richard as dis-alified to rn in the "ay 0, 200 elections de to his failre to com&ly ith the one year residency re-irement+ =he confsion, hoever, stemmed from the se of the ord @dis-alified@ in the 'ebrary 8, 200 Resoltion of the CO"!#!C 'irst ivision, hich as ado&ted by the CO"!#!C !n /anc in %rantin% the sbstittion of &rivate res&ondent, and even frther &er&etated by the R!= in denyin% the
-o arranto &etition+ 5n short, a findin% that Richard as merely dis-alified A and not that his CoC as denied de corse to andor cancelled A old mean that he cold have been validly sbstitte by &rivate res&ondent, thereby le%itimizin% her candidacy+
