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SYLLABUS
DECISION
DE CASTRO , J : p
Petitioner Crisologo Villanueva seeks in this petition for certiorari with preliminary
injunction to set aside Resolution No. 9192 of respondent Commission on Elections dated
February 21, 1980, denying his petition for annulment of the proclamation of respondent
Vivencio Lirio as the elected vice-mayor of Dolores, Quezon, as well as Resolution No. 9885
of said Commission dated July 31, 1980, denying his motion for reconsideration and
supplemental motion for reconsideration.
It appears that on January 4, 1980, which is the last day for the filing of certificates of
candidacy in the January 30, 1980 elections, one Narciso Mendoza, Jr. filed with the
Election Registrar of Dolores, Quezon, his sworn certificate of candidacy for the office of
vice-mayor of said municipality. Subsequently, however, but on the same day, Mendoza
filed an unsworn letter withdrawing his said certificate of candidacy.
On January 25, 1980, herein petitioner filed with the Election Registrar of Dolores, Quezon,
his sworn "Certificate of Candidacy in Substitution" of the aforementioned Narciso
Mendoza, Jr. for the office of vice-mayor of said municipality.
On January 31, 1980, the respondent Municipal Board of Canvassers proclaimed, on the
basis of the results of its canvass, respondent Vivencio Lirio as the duly elected vice-
mayor of Dolores, Quezon. Respondent Board considered all the votes cast in favor of
petitioner as stray votes on the ground that his certificate of candidacy was not given due
course by the Commission on Elections, Manila, and his name was not included in the
certified list of official candidates.
prcd
On February 6, 1980, petitioner filed with the COMELEC a petition to annul the
proclamation of respondent. He likewise prayed that COMELEC should order the official
counting of the votes that may have been cast in his favor and thereafter, to proclaim him
as the duly elected vice-mayor of Dolores, Quezon.
On February 21, 1980, COMELEC issued the herein questioned resolution denying the said
petition, upon the reasoning that petitioner could not have filed his candidacy in
substitution of Mendoza's because the withdrawal of the latter had produced no legal
effect, the same not having been made under oath as required by Section 27 of the
Election Code, and even assuming the efficacy of said withdrawal, the same was made not
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after the last day for filing of certificates of candidacy as provided under Section 28 of
said Code, but on the very same last day. COMELEC reaffirmed its stand upon petitioner's
filing of a motion for reconsideration and supplemental motion for reconsideration. Hence,
the present recourse.
Petitioner insists that the withdrawal of Narciso Mendoza's certificate of candidacy was
valid and effective, and therefore, his certificate of candidacy in substitution of Mendoza's
was, likewise, valid and effective. Petitioner further alleged that there is sufficient legal
basis for the annulment of the proclamation of respondent Lirio, petitioner having
supposedly polled the highest number of votes for vice-mayor of Dolores, Quezon. LLjur
While it may be true as persistently pointed out by the petitioner that a certificate of
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candidacy duly filed may be withdrawn or cancelled at any time before the day of election,
it does not necessarily follow that such withdrawn or cancelled certificate of candidacy
may be the subject of substitution by another's certificate of candidacy. For substitution to
take place, the withdrawal must be effected after the last day for filing of certificates of
candidacy. If the withdrawal was made prior to or on the said last day, as what happened
in the instant case, substitution is not allowed. Hence, the person filing a certificate of
candidacy is filing said certificate in his own right, not as substitute candidate, and the
filing to make the certificate of candidacy valid must not be after the last day for filing
ordinary certificates of candidacy, which is January 4, 1980. prLL
By and large, petitioner was, therefore, not a candidate, either in substitution of Mendoza
or in his own right, as he filed his certificate of candidacy on January 25, 1980, long after
the last day for filing certificates of candidacy. Whatever votes may have been cast in his
favor are necessarily considered stray votes. [Section 155 (15), Election Code] There is
thus no legal basis for the annulment of respondent Lirio's proclamation as vice-mayor.
In view of the foregoing, the COMELEC did not commit any error in issuing Resolution Nos.
9192 and 9885. In such a case, this Court cannot properly exercise its limited jurisdiction
to review decisions, orders or rulings of the COMELEC, which under the present
Constitution has been narrowed down to one of review by certiorari which may be invoked
only when there is grave abuse of discretion, or lack or excess of jurisdiction (Aratuc v.
COMELEC, 88 SCRA 251), or patent errors of law.
WHEREFORE, the instant petition is dismissed, without special pronouncement as to cost.
SO ORDERED.
Makasiar, Aquino, Concepcion, Jr., Guerrero, Abad Santos, Melencio-Herrera, Plana, Escolin,
Vasquez, Relova and Gutierrez, Jr., JJ., concur.
Separate Opinions
FERNANDO , C.J., dissenting:
I dissent on the ground that the bona fides of petitioner Crisologo Villanueva y Paredes as
a substitute candidate cannot, in his opinion, be successfully assailed. It follows that the
votes cast in his favor must be counted. Such being the case, there is more than sufficient
justification for his proclamation as Vice Mayor assuming that he did poll a greater
number of votes than private respondent Vivencio Lirio.
I am constrained to dissent from the majority decision penned by Mr. Justice de Castro.
With all due respect, the same seems to be based on too technical and literal a reading of
the provisions of the Election Code on substitute candidates in case of death, withdrawal
or disqualification of another and disregards the substance and spirit of the law as well as
the basic antecedent facts which are hereinbelow stated.
In this particular case, one Narciso Mendoza, Jr. had filed on the last day for filing of
certificates of candidacy in the January 30, 1980 local elections his sworn certificate of
candidacy for the office of vice mayor of the municipality of Dolores, Quezon. But later on
the very same day, Mendoza filed an unsworn letter in his own handwriting withdrawing his
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said certificate of candidacy "for personal reasons."
Later on January 25, 1980, petitioner Crisologo Villanueva, upon learning of Mendoza's
withdrawal, filed his sworn "Certificate of Candidacy in Substitution" of Mendoza's for the
said office of vice mayor as a one-man independent ticket pitted against the otherwise
unopposed KBL complete ticket. There being no time to include petitioner's name in the
Comelec list of registered candidates (since the election was only four days away),
petitioner as substitute candidate circularized formal notices of his candidacy to all
chairmen and members of the citizens election committees in compliance with the
suggestion of the Comelec Law Manager, Atty. Zoilo Gomez. cdphil
The results showed petitioner to be the clear winner over respondent with a margin of 452
votes (3,112 votes as against his opponent respondent Lirio's 2,600 votes). But the
Municipal Board of Canvassers disregarded all votes cast in favor of petitioner as stray
votes on the basis of the Provincial Election Officer's opinion that since petitioner's name
does not appear in the Comelec's certified list of candidates for that municipality, it could
be presumed that his candidacy was not duly approved by the Comelec so that his votes
could not be "legally counted." This was gross error, since it is impossible to require that
the names of substitute candidates should appear in the Comelec's certified list of
candidates as of the deadline of January 4, 1980, while such substitute candidacies
perforce are filed after the last day of such deadline and up to the very day (mid-day) of the
election itself. Hence, petitioner's substitute certificate of candidacy filed on January 25,
1980 was endorsed to the Provincial Election Officer on January 28, 1980. But that officer,
for unexplained reasons, instead of transmitting the papers to the Comelec Law
Department by the fastest communication (by telegram or messenger) before Election
Day on January 30th, sent them by registered mail, which was received only February 11,
1980, long after the elections. On the basis of non-fulfillment of this impossible condition,
that petitioners substitute candidacy must appear in the Comelec list, the canvassers
proclaimed the repudiated candidate respondent Vivencio G. Lirio as the only unopposed
candidate and as duly elected vice mayor of the municipality of Dolores.
Petitioner Villanueva consequently filed on February 6, 1980 a petition with the Comelec to
annul respondent's proclamation and praying that Comelec order the official counting of
the majority votes cast in his favor and thereafter to proclaim him as the duly elected vice
mayor.
Comelec issued its questioned resolution on February 21, 1980 denying the petition on
two ground after citing the pertinent legal provisions, as follows:
"The 1978 Election Code provides:
'SEC. 27. . . . No certificate of candidacy duly filed shall be
considered withdrawn . . . unless the candidate files with the office which
received the certificate . . . or with the Commission a sworn statement of
withdrawal . . ."
'Sec. 28. . . . If, after the last day for filing certificates of
candidacy, a candidate with a certificate of candidacy duly filed should . . .
withdraw . . . any voter qualified for the office may file his certificate of
candidacy for the office for which . . . the candidate who has withdrawn . . .
was a candidate on or before mid-day of election . . .'
The fact that Mendoza's withdrawal was not sworn is but a technicality which cannot be
used to frustrate the people's will in favor of petitioner as the substitute candidate. This
has long been settled and unquestioned doctrine ignored in the main opinion. In Guzman
vs. Board of Canvassers, 48 Phil. 211, clearly applicable, mutatis mutandis, this Court held
that "(T)he will of the people cannot be frustrated by a technicality that the certificate of
candidacy had not been properly sworn to. This legal provision is mandatory and non-
compliance therewith before the election would be fatal to the status of the candidate
before the electorate, but after the people have expressed their will, the result of the
election cannot be defeated by the fact that the candidate has not sworn to his certificate
of candidacy." (See also Gundan vs. Court of First Instance, 66 Phil. 125) As likewise ruled
by this Court in Canceran vs. Comelec, 107 Phil. 607, the legal requirement that a
withdrawal be under oath will be held to be merely directory and Mendoza's failure to
observe the requirement should be "considered a harmless irregularity."
Secondly, Mendoza's withdrawal of his certificate of candidacy right on the very same day
that he filed his certificate of candidacy on January 4, 1980 which was the very last day for
filing of certificates of candidacy shows that his certificate of candidacy was but a sham.
It is against the ordinary course of human behavior and conduct. Yet the majority judgment
would uphold Comelec's second ground and rule that "for substitution to take place, the
withdrawal must be effected after the last day for filing of certificates of candidacy. If the
withdrawal was made prior to or on the said last day, as what happened in the instant case,
substitution is not allowed." (At pages 3-4; emphasis copied. Such construction provides a
loophole not intended by the law whereby a sham candidate files and withdraws his
certificate of candidacy on the very last day for filing of such certificates of candidacy and
thereby shuts out a bona fide substitute candidate, like petitioner who had not filed his
candidacy in deference to Mendoza's candidacy who was one of his "co-planners" with
"some concerned citizens . . . (who) held caucuses to put up a slate that will run against the
erstwhile unopposed KBL slate." (Petitioner's memorandum, page 2)
As in this case, petitioner learned of the sham candidacy and withdrawal only much later
than the last day for filing of certificates of candidacy and forthwith filed his substitute
certificate of candidacy on January 25, 1980, just four days before the scheduled elections
of January 30, 1980. Mendoza's candidacy could not but be considered a sham one under
such circumstances, whatever may have been his "personal reasons" for withdrawing his
candidacy, although it is noteworthy that private respondent states that his (respondent's)
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candidacy was "to the dismay and frustration of a certain Narciso Mendoza, Jr., who took
time persuading Governor Alcala to make private respondent withdraw so he could take
his place in the KBL slate for Vice-Mayor. Sensing perhaps, that he had no way of winning
as an independent candidate, coupled with the fact that he may not have a valid certificate
of candidacy for not being a registered voter in the municipality of Dolores, Quezon, said
Narciso Mendoza, Jr. caused the withdrawal of his certificate of candidacy the very day he
filed it (January 4, 1980) through a letter addressed to the Municipal Election Registrar."
(Respondent's memorandum, page 2) LLjur
This would be but to give substance and meaning to the President's oft-repeated pleas for
encouraging legitimate opposition rather than to alienate them. Here, petitioner presented
to his townmates impressive credentials: the nation's youngest first councilor in the 1967
elections who was to take up law and graduate as a U.P. lawyer during his councilorship
and became a member of the bar in 1973 and an active law practitioner. There is no
question of "turncoatism" or disqualification here. All that is asked is to respect the verdict
of the electorate and not to disenfranchise them by declaring their legitimate votes for
petitioner as stray votes.