Silverio Tagolino v HRET (G.R. No. 202202, March 19, 2013) FACTS: • Richar Richard d Gomez Gomez filed filed his Certif Certific icate ate of Candid Candidacy acy seein seein! ! the the Con!ressional office of the "o#se of Re$resentati%es for the &th 'istrict of eyte. • n his CoC, he indicated that he resided in 910 Carlota "ills, Can* adien! +rmoc City. • #ene%ent#ra -#ntilla, one of the o$$osin! candidates, #estioned the residence indicated in the CoC /efore the C+MC. • -#ntil -#ntilla la ar!#ed ar!#ed that, that, Richar Richard d is a resid resident ent of Col!a Col!ate te t, ast ast Greenhill Greenhills, s, an -#an City, Metro Manila and not of Can*adien Can*adien! ! +rmoc City
HRET ruling: • t dismissed -#ntillas $etition and declared the s#/stit#tion as %alid • t also said that the C+MC 1st 'i%isions resol#tion s$oe of dis#alification and not the cancellation of the CoC
-#ntilla filed for Certiorari and 7rohi/ition /efore the #$reme Co#rt ISSE: • :as there there a %alid %alid s#/sti s#/stit#t t#tion ion;; 4nd 4nd as a conse conse#en #ence ce of s#ch s#ch s#/s s#/sti tit# t#ti tion on,, as as #cy #cy 6orres rres*G *Gom omez ez %ali %alidly dly elec electe ted d as a re$resentati%e re$resentati%e of the &th 'istrict of eyte; !O HEL":
COMELEC 1st division ruling: • t !ranted !ranted -#ntilla -#ntillas s $etition $etition itho#t itho#t any #alific #alification ation.. 4nd in its dis$ositi%e dis$ositi%e $ortion it stated, 5 Richard 5 Richard Gomez Gomez is DISQUALIFIED as a candidate for the Office of Congresssma Congresssman, n, Fourt District of Leyte, for lack of residency residency requiremen requirement t 5
#cy 6orres* 6orres*Gom Gomez ez then filed her CoC to!ether to!ether ith a Certifica Certificate te of Nomination Nomination and 4cce$tance 4cce$tance from the i/eral 7arty endorsin! her as the $arty8s official s#/stit#te s#/stit#te candidate of her h#s/and Richard herein the C+MC n anc a$$ro%ed s#ch s#/stit#tion. COMELEC En Banc's ruling: • t held that the dis#alification does not a#tomatically cancel ones CoC and the $olitical $arty is still alloed to s#/stit#te s#/stit#te the candidate hose candidacy as declared dis#alified.
A valid CoC as a condit ion sine que non #or t$e su%stitution o# candidate •
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-#ntilla filed a motion for reconsideration reconsideration from the r#lin! of the C+MC C+MC n anc. 7endin! the resol#tion of the motion, the elections ere held and the name of Richard Gomez remained in the /allots hich !arnered maority of the %otes. '#e to the a$$ro%ed s#/stit#tion /y the C+MC, %otes for Richar Richard d ere ere credi credited ted in fa%or fa%or of #cy #cy and she as $roclaim $roclaimed ed the Re$resentati%e of the &th 'istrict of eyte -#ntilla -#ntilla o$$osed o$$osed and filed a 7etition 7etition for quo warranto warranto /efore the "R6 ar!#in! that, #cy did not %alidly s#/stit#te Richard /eca#se his CoC as
ection << of the +mni/#s lection Code $ro%ides that, if an o##icial candidate of a re!ist re!istere ered d or accred accredite ited d $olit $olitica icall $arty $arty dies, dies, ithdras or is dis#alified for any ca#se, a $erson /elon!in! to and certif certified ied /y the same $olit $olitica icall $arty $arty may file a certif certifica icate te of candidacy candidacy to re$lace re$lace the candidat candidatee ho died, ithdre or as dis#alified %idently, ection << re#ires that there /e an =official candidate> /efore candidate candidate s#/stit#tion s#/stit#tion $roceeds. $roceeds. 4s defined #nder ection <9(a) of the +C, the term =candidate> refers to any $erson as$irin! for or seein! an electi%e $#/lic office &$o $as #iled a certi#icate o# candidac /y himself or thro#!h an accredited $olitical $arty, a!!ro#$ment, or coalition of $arties. Clearly, the la& re(uires t$at one )ust $ave validl #iled a CoC in order to %e considered a candidate*
E##ect o# Sec +, and Sec -, on candidate su%stitution under Sec -•
ec ?@1 s$eas of a dis#alification of the candidate /ased on the
1 ec. ?@. 'is#alifications. * 4ny candidate ho, in an action or $rotest in hich he is a $arty is declared /y final decision of a com$etent co#rt !#ilty of, or fo#nd /y the Commission of ha%in! (a) !i%en money or other material consideration to infl#ence, ind#ce or corr#$t the %oters or $#/lic officials
election offenses en#merated therein hile ec <@ s$eas of d#e co#rse to andDor cancellation of a CoC /ased on a $erson8s misre$resentation of any of the material #alifications re#ired for the electi%e office as$ired for. t is not eno#!h there as lac of #alification /#t there as also a false re$resentation in the CoC. •
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4nd #nder ec ?@, a $erson dis#alified can /e %alidly s#/stit#ted $#rs#ant to ec << /eca#se he remains a candidate /#t is ordered to discontin#e s#ch candidacy as a form of $enal sanction /y the commission of the election offenses en#merated in ec ?@. #t a $erson hose CoC has /een denied d#e co#rse to andDor cancelled #nder ec <@ cannot /e s#/stit#ted /eca#se he is not considered a candidate. "ence, /ein! a cancelled CoC it is considered %oid ab initio and th#s cannot !i%e rise to a %alid candidacy and %alid %otes. n this case, there as conf#sion as to the ord 5dis#alified5 in the resol#tion of the C+MC 1st di%ision, hich as also ado$ted /y the C+MC n anc and "R6. #t it m#st /e noted that Richards 5dis#alification5 as d#e to his fail#re to com$ly ith the residency re#irement and misre$resentin! his residence hich is a !ro#nd for denial d#e co#rse to andDor cancellation of CoC #nder ec <@. "ence, there as no %alid s#/stit#tion and #cy 6orres Gomez as not a bona fide candidate for the $osition hen she ran for office, hich means she co#ld not ha%e /een elected.
