4. Coquila v Comelec

7/24/2019 4. Coquila v Comelec

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[2002V6" #$%&'$ (. C$)&*''+, petitioner, s. # $. C$((*SS*$ $

'C#*$S and (. *' (. +'V+1, respondents.2002 3l 45n an78.. o.

595:5;% C * S * $

(%$1+, . 5:F0 to

5:F4, petitioner thri7e isited the Philippines Dhile on leae =ro> the &.S. ay.[4"

$therDise, een a=ter his retire>ent =ro> the &.S. ay in 5:9, he re>ained in the

&nited States.

$n $7tober 59, 5::, petitioner 7a>e to the Philippines and tooH o3t a residen7e

7ertiA7ate, altho3gh he 7ontin3ed >aHing seeral trips to the &nited States, the last

o= Dhi7h tooH pla7e on 3ly 6, 2000 and lasted 3ntil +3g3st 9, 2000.[;"

S3bseB3ently, petitioner applied =or repatriation 3nder .+. o. 5F5[9" to the

Spe7ial Co>>ittee on at3ralization. is appli7ation Das approed on oe>ber F,

2000, and, on oe>ber 50, 2000, he tooH his oath as a 7itizen o= the Philippines.

Petitioner Das iss3ed CertiA7ate o= epatriation o. 000F4F on oe>ber 50, 2000

and 3rea3 o= *>>igration *dentiA7ation CertiA7ate o. 559524 on oe>ber 54,

2000.

$n oe>ber 25, 2000, petitioner applied =or registration as a oter o= 3tnga,

$ras, astern Sa>ar. is appli7ation Das approed by the le7tion egistration

oard on an3ary 52, 2005.[6" $n Eebr3ary 2F, 2005, he Aled his 7ertiA7ate o=

7andida7y stating therein that he had been a resident o= $ras, astern Sa>ar =or

ItDo ?2@ years.J[F"

$n (ar7h 9, 2005, respondent eil (. +larez, Dho Das the in73>bent >ayor o=

$ras and Dho Das r3nning =or reele7tion, so3ght the 7an7ellation o= petitioners

7ertiA7ate o= 7andida7y on the gro3nd that the latter had >ade a >aterial

>isrepresentation in his 7ertiA7ate o= 7andida7y by stating that he had been a

resident o= $ras =or tDo years Dhen in tr3th he had resided therein =or only abo3t


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siK >onths sin7e oe>ber 50, 2000, Dhen he tooH his oath as a 7itizen o= the

Philippines.

#he C$('C Das 3nable to render G3dg>ent on the 7ase be=ore the ele7tions on

(ay 5;, 2005. (eanDhile, petitioner Das oted =or and re7eied the highest n3>ber

o= otes ?6,545@ against priate respondents 9,F92 otes, or a >argin o= 4F: otes.$n (ay 5F, 2005, petitioner Das pro7lai>ed >ayor o= $ras by the (3ni7ipal oard

o= Canassers.[" e s3bseB3ently tooH his oath o= oL7e.

$n 3ly 5:, 2005, the Se7ond %iision o= the C$('C granted priate respondents

petition and ordered the 7an7ellation o= petitioners 7ertiA7ate o= 7andida7y on the

basis o= the =olloDing Andingsar a=ter his retire>ent =ro> the &.S. ay in 5:9 7annot be 7onsidered as a

Daier o= his stat3s as a per>anent resident or i>>igrant . . . o= the &.S.+. prior to

oe>ber 50, 2000 as Do3ld B3ali=y hi> to a7B3ire the stat3s o= residen7y =or

p3rposes o= 7o>plian7e Dith the one-year residen7y reB3ire>ent o= Se7tion 4:?a@ o=

the 'o7al 8oern>ent Code o= 5::5 in relation to Se7tions 69 and 6 o= the

$>nib3s le7tion Code. #he one ?5@ year residen7y reB3ire>ent 7onte>plates o=

the a7t3al residen7e o= a Eilipino 7itizen in the 7onstit3en7y Dhere he seeHs to be

ele7ted.

+ll things 7onsidered, the n3>ber o= years he 7lai>ed to hae resided or stayed in

$ras, astern Sa>ar sin7e 5:9 as an +>eri7an 7itizen and per>anent resident o=

the &.S.+. be=ore oe>ber 50, 2000 Dhen he rea7B3ired his Philippine 7itizenship

by [repatriation" 7annot be added to his a7t3al residen7e thereat a=ter oe>ber

50, 2000 3ntil (ay 5;, 2005 to 73re his deA7ien7y in days, >onths, and year toalloD or render hi> eligible to r3n =or an ele7tie oL7e in the Philippines. &nder

s37h 7ir73>stan7es, by Dhateer =or>3la o= 7o>p3tation 3sed, respondent is short

o= the one-year residen7e reB3ire>ent be=ore the (ay 5;, 2005 ele7tions.[:"

Petitioner Aled a >otion =or re7onsideration, b3t his >otion Das denied by the

C$('C en ban7 on an3ary 40, 2002. en7e this petition.

*.

#Do B3estions >3st Arst be resoled be=ore 7onsidering the >erits o= this 7ase< ?a@

Dhether the 40-day period =or appealing the resol3tion o= the C$('C Das

s3spended by the Aling o= a >otion =or re7onsideration by petitioner and ?b@

Dhether the C$('C retained G3risdi7tion to de7ide this 7ase notDithstanding the

pro7la>ation o= petitioner.

+. Mith respe7t to the Arst B3estion, priate respondent 7ontends that the petition

in this 7ase sho3ld be dis>issed be7a3se it Das Aled lateN that the C$('C en

ban7 had denied petitioners >otion =or re7onsideration =or being pro =or>aN and


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that, p3rs3ant to 3le 5:, O; o= the C$('C 3les o= Pro7ed3re, the said >otion

did not s3spend the r3nning o= the 40-day period =or Aling this petition. e points

o3t that petitioner re7eied a 7opy o= the resol3tion, dated 3ly 5:, 2005, o= the

C$('Cs Se7ond %iision on 3ly 2, 2005, so that he had only 3ntil +3g3st 2F,

2005 Dithin Dhi7h to Ale this petition. Sin7e the petition in this 7ase Das Aled on

Eebr3ary 55, 2002, the sa>e sho3ld be 7onsidered as haing been Aled late andsho3ld be dis>issed.

Priate respondents 7ontention has no >erit.

3le 5: o= the C$('C 3les o= Pro7ed3re proides in pertinent partsotion to re7onsider a

de7ision, resol3tion, order, or r3ling o= a %iision shall be Aled Dithin Ae days =ro>

the pro>3lgation thereo=. S37h >otion, i= not pro-=or>a, s3spends the eKe73tion =or

i>ple>entation o= the de7ision, resol3tion, order, or r3ling.

Se7. ;. Qe7t o= (otion =or e7onsideration on Period to +ppeal. + >otion to

re7onsider a de7ision, resol3tion, order, or r3ling, Dhen not pro-=or>a, s3spends the

r3nning o= the period to eleate the >atter to the S3pre>e Co3rt.

#he Ae-day period =or Aling a >otion =or re7onsideration 3nder 3le 5:, O2 sho3ld

be 7o3nted =ro> the re7eipt o= the de7ision, resol3tion, order, or r3ling o= the

C$('C %iision.[50" *n this 7ase, petitioner re7eied a 7opy o= the resol3tion o=

3ly 5:, 2005 o= the C$('Cs Se7ond %iision on 3ly 2, 2005. Eie days later, on

+3g3st 2, 2005, he Aled his >otion =or re7onsideration. $n Eebr3ary 6, 2002, he

re7eied a 7opy o= the order, dated an3ary 40, 2002, o= the C$('C en ban7

denying his >otion =or re7onsideration. Eie days later, on Eebr3ary 55, 2002, he

Aled this petition =or 7ertiorari. #here is no B3estion, there=ore, that petitioners

>otion =or re7onsideration o= the resol3tion o= the C$('C Se7ond %iision, as

Dell as his petition =or 7ertiorari to set aside o= the order o= the C$('C en ban7,

Das Aled Dithin the period proided =or in 3le 5:, O2 o= the C$('C 3les o=

Pro7ed3re and in +rt. *R?+@, OF o= the Constit3tion.

*t is 7ontended, hoDeer, that petitioners >otion =or re7onsideration be=ore the

C$('C en ban7 did not s3spend the r3nning o= the period =or Aling this petition

be7a3se the >otion Das pro =or>a and, 7onseB3ently, this petition sho3ld hae

been Aled on or be=ore +3g3st 2F, 2005. *t Das a7t3ally Aled, hoDeer, only on

Eebr3ary 55, 2002. Priate respondent 7ites the Anding o= the C$('C en ban7that

+n in7isie eKa>ination o= the allegations in the (otion =or e7onsideration shoDs

that the sa>e [are" a >ere rehash o= his aer>ents 7ontained in his VeriAed +nsDer

and (e>orand3>. either did respondent raise neD >atters that Do3ld s3L7iently

Darrant a reersal o= the assailed resol3tion o= the Se7ond %iision. #his >aHes the

said (otion pro =or>a.[55"


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Me do not thinH this 7ontention is 7orre7t. #he >otion =or re7onsideration Das not

pro =or>a and its Aling did s3spend the period =or Aling the petition =or 7ertiorari in

this 7ase. #he >ere reiteration in a >otion =or re7onsideration o= the iss3es raised

by the parties and passed 3pon by the 7o3rt does not >aHe a >otion pro =or>aN

otherDise, the >oants re>edy Do3ld not be a re7onsideration o= the de7ision b3t

a neD trial or so>e other re>edy.[52" 3t, as De hae held in another 7aseply Dith the r3le that the >otion >3st spe7i=y the Andings and7on7l3sions alleged to be 7ontrary to laD or not s3pported by the eiden7e,[59" or

?4@ it =ailed to s3bstantiate the alleged errors,[56" or ?;@ it >erely alleged that the

de7ision in B3estion Das 7ontrary to laD,[5F" or ?9@ the aderse party Das not gien

noti7e thereo=.[5" #he 56-page >otion =or re7onsideration Aled by petitioner in the

C$('C en ban7 s3Qers =ro> none o= the =oregoing de=e7ts, and it Das error =or

the C$('C en ban7 to r3le that petitioners >otion =or re7onsideration Das pro

=or>a be7a3se the allegations raised therein are a >ere IrehashJ o= his earlier

pleadings or did not raise IneD >atters.J en7e, the Aling o= the >otion s3spended

the r3nning o= the 40-day period to Ale the petition in this 7ase, Dhi7h, as earlier

shoDn, Das done Dithin the regle>entary period proided by laD.

. +s stated be=ore, the C$('C =ailed to resole priate respondents petition =or

7an7ellation o= petitioners 7ertiA7ate o= 7andida7y be=ore the ele7tions on (ay 5;,

2005. *n the >eanti>e, the otes Dere 7anassed and petitioner Das pro7lai>ed

ele7ted Dith a >argin o= 4F: otes oer priate respondent. %id the C$('C

thereby lose a3thority to a7t on the petition Aled by priate respondent

.+. o. 66;6 proidesent to be disB3aliAed shall not be oted =or, and the otes 7ast =or

hi> shall not be 7o3nted. *= =or any reason a 7andidate is not de7lared by AnalG3dg>ent be=ore an ele7tion to be disB3aliAed and he is oted =or and re7eies the

Dinning n3>ber o= otes in s37h ele7tion, the Co3rt or Co>>ission shall 7ontin3e

Dith the trial and hearing o= the a7tion, inB3iry, or protest and, 3pon >otion o= the

7o>plainant or any interenor, >ay d3ring the penden7y thereo= order the

s3spension o= the pro7la>ation o= s37h 7andidate Dheneer the eiden7e o= his

g3ilt is strong. ?>phasis added@


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SC#*$ F. Petition to %eny %3e Co3rse #o or Can7el a CertiA7ate o= Candida7y. T

#he pro7ed3re hereinaboe proided shall apply to petitions to deny d3e 7o3rse to

or 7an7el a 7ertiA7ate o= 7andida7y as proided in Se7tion F o= atas Pa>bansa

lg. 5.

#he r3le then is that 7andidates Dho are disB3aliAed by Anal G3dg>ent be=ore theele7tion shall not be oted =or and the otes 7ast =or the> shall not be 7o3nted. 3t

those against Dho> no Anal G3dg>ent o= disB3aliA7ation had been rendered >ay be

oted =or and pro7lai>ed, 3nless, on >otion o= the 7o>plainant, the C$('C

s3spends their pro7la>ation be7a3se the gro3nds =or their disB3aliA7ation or

7an7ellation o= their 7ertiA7ates o= 7andida7y are strong. (eanDhile, the

pro7eedings =or disB3aliA7ation o= 7andidates or =or the 7an7ellation or denial o=

7ertiA7ates o= 7andida7y, Dhi7h hae been beg3n be=ore the ele7tions, sho3ld

7ontin3e een a=ter s37h ele7tions and pro7la>ation o= the Dinners. *n +bella .

C$('C[5:" and Sal7edo ** . C$('C,[20" the 7andidates Dhose 7ertiA7ates o=

7andida7y Dere the s3bGe7t o= petitions =or 7an7ellation Dere oted =or and, haing

re7eied the highest n3>ber o= otes, Dere d3ly pro7lai>ed Dinners. #his Co3rt, in

the Arst 7ase, aLr>ed and, in the se7ond, reersed the de7isions o= the C$('C

rendered a=ter the pro7la>ation o= 7andidates, not on the gro3nd that the latter had

been diested o= G3risdi7tion 3pon the 7andidates pro7la>ation b3t on the >erits.

**.

$n the >erits, the B3estion is Dhether petitioner had been a resident o= $ras,

astern Sa>ar at least one ?5@ year be=ore the ele7tions held on (ay 5;, 2005 as he

represented in his 7ertiA7ate o= 7andida7y. Me And that he had not.

Eirst, O4:?a@ o= the 'o7al 8oern>ent Code ?.+ o. F560@ proides3st be a 7itizen o= the PhilippinesN a

registered oter in the barangay, >3ni7ipality, 7ity, or proin7e or, in the 7ase o= a

>e>ber o= the sangg3niang panlalaDigan, sangg3niang panl3ngsod, or

sangg3niang bayan, the distri7t Dhere he intends to be ele7tedN a resident therein

=or at least one ?5@ year i>>ediately pre7eding the day o= the ele7tionN and able to

read and Drite Eilipino or any other lo7al lang3age or diale7t. ?>phasis added@

#he ter> Iresiden7eJ is to be 3nderstood not in its 7o>>on a77eptation as re=erring

to IdDellingJ or Ihabitation,J[25" b3t rather to Ido>i7ileJ or legal residen7e,[22"

that is, Ithe pla7e Dhere a party a7t3ally or 7onstr37tiely has his per>anent ho>e,Dhere he, no >atter Dhere he >ay be =o3nd at any gien ti>e, eent3ally intends

to ret3rn and re>ain ?ani>3s >[email protected][24" + do>i7ile o= origin is a7B3ired by

eery person at birth. *t is 3s3ally the pla7e Dhere the 7hilds parents reside and

7ontin3es 3ntil the sa>e is abandoned by a7B3isition o= neD do>i7ile ?do>i7ile o=

7hoi7e@.[2;"


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*n the 7ase at bar, petitioner lost his do>i7ile o= origin in $ras by be7o>ing a &.S.

7itizen a=ter enlisting in the &.S. ay in 5:69. Ero> then on and 3ntil oe>ber

50, 2000, Dhen he rea7B3ired Philippine 7itizenship, petitioner Das an alien Ditho3t

any right to reside in the Philippines sae as o3r i>>igration laDs >ay hae

alloDed hi> to stay as a isitor or as a resident alien.

*ndeed, residen7e in the &nited States is a reB3ire>ent =or nat3ralization as a &.S.

7itizen. #itle , O5;2F?a@ o= the &nited States Code proidesents o= nat3ralization . esiden7e

?a@ o person, eK7ept as otherDise proided in this s3b7hapter, shall be nat3ralized

3nless s37h appli7ant, ?5@ i>>ediately pre7eding the date o= Aling his appli7ation

=or nat3ralization has resided 7ontin3o3sly, a=ter being laD=3lly ad>itted =or

per>anent residen7e, Dithin the &nited States =or at least Ae years and d3ring the

Ae years i>>ediately pre7eding the date o= Aling his petition has been physi7ally

present therein =or periods totaling at least hal= o= that ti>e, and Dho has resided

Dithin the State or Dithin the distri7t o= the Seri7e in the &nited States in Dhi7h the

appli7ant Aled the appli7ation =or at least three >onths, ?2@ has resided 7ontin3o3sly

Dithin the &nited States =ro> the date o= the appli7ation 3p to the ti>e o= ad>ission

to 7itizenship, and ?4@ d3ring all the period re=erred to in this s3bse7tion has been

and still is a person o= good >oral 7hara7ter, atta7hed to the prin7iples o= the

Constit3tion o= the &nited States, and Dell disposed to the good order and

happiness o= the &nited States. ?>phasis added@

*n Caasi . Co3rt o= +ppeals,[29" this Co3rt r3led that i>>igration to the &nited

States by irt3e o= a Igreen7ard,J Dhi7h entitles one to reside per>anently in that

7o3ntry, 7onstit3tes abandon>ent o= do>i7ile in the Philippines. Mith >ore reasonthen does nat3ralization in a =oreign 7o3ntry res3lt in an abandon>ent o= do>i7ile

in the Philippines.

or 7an petitioner 7ontend that he Das I7o>pelled to adopt +>eri7an 7itizenshipJ

only by reason o= his seri7e in the &.S. ar>ed =or7es.[26" *t is noteDorthy that

petitioner Das repatriated not 3nder .+. o. 2640, Dhi7h applies to the repatriation

o= those Dho lost their Philippine 7itizenship by a77epting 7o>>ission in the +r>ed

Eor7es o= the &nited States, b3t 3nder .+. o. 5F5, Dhi7h, as earlier >entioned,

proides =or the repatriation o=, a>ong others, nat3ral-born Eilipinos Dho lost their

7itizenship on a77o3nt o= politi7al or e7ono>i7 ne7essity. *n any eent, the =a7t is

that, by haing been nat3ralized abroad, he lost his Philippine 7itizenship and Dith ithis residen7e in the Philippines. &ntil his rea7B3isition o= Philippine 7itizenship on

oe>ber 50, 2000, petitioner did not rea7B3ire his legal residen7e in this 7o3ntry.

Se7ond, it is not tr3e, as petitioner 7ontends, that he reestablished residen7e in this

7o3ntry in 5:: Dhen he 7a>e ba7H to prepare =or the >ayoralty ele7tions o= $ras

by se73ring a Co>>3nity #aK CertiA7ate in that year and by I7onstantly de7laringJ

to his toDn>ates o= his intention to seeH repatriation and r3n =or >ayor in the (ay


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5;, 2005 ele7tions.[2F" #he stat3s o= being an alien and a non-resident 7an be

Daied either separately, Dhen one a7B3ires the stat3s o= a resident alien be=ore

a7B3iring Philippine 7itizenship, or at the sa>e ti>e Dhen one a7B3ires Philippine

7itizenship. +s an alien, an indiid3al >ay obtain an i>>igrant isa 3nder O54[2"

o= the Philippine *>>igration +7t o= 5:; and an *>>igrant CertiA7ate o= esiden7e

?*C@[2:" and th3s Daie his stat3s as a non-resident. $n the other hand, he >aya7B3ire Philippine 7itizenship by nat3ralization 3nder C.+. o. ;F4, as a>ended, or,

i= he is a =or>er Philippine national, he >ay rea7B3ire Philippine 7itizenship by

repatriation or by an a7t o= Congress,[40" in Dhi7h 7ase he Daies not only his

stat3s as an alien b3t also his stat3s as a non-resident alien.

*n the 7ase at bar, the only eiden7e o= petitioners stat3s Dhen he entered the

7o3ntry on $7tober 59, 5::, %e7e>ber 20, 5::, $7tober 56, 5:::, and 3ne 24,

2000 is the state>ent IPhilippine *>>igration [U" aliHbayanJ in his 5::-200 &.S.

passport. +s =or his entry on +3g3st 9, 2000, the sta>p bore the added ins7ription

Igood =or one year stay.J[45" &nder O2 o= .+. o. 6F6 ?+n +7t *nstit3ting a

aliHbayan Progra>@, the ter> baliHbayan in7l3des a =or>er Eilipino 7itizen Dho had

been nat3ralized in a =oreign 7o3ntry and 7o>es or ret3rns to the Philippines and, i=

so, he is entitled, a>ong others, to a Iisa-=ree entry to the Philippines =or a period

o= one ?5@ yearJ ?O4?7@@. *t Do3ld appear then that Dhen petitioner entered the

7o3ntry on the dates in B3estion, he did so as a isa-=ree baliHbayan isitor Dhose

stay as s37h Das alid =or one year only. en7e, petitioner 7an only be held to hae

Daied his stat3s as an alien and as a non-resident only on oe>ber 50, 2000

3pon taHing his oath as a 7itizen o= the Philippines 3nder .+. o. 5F5.[42" e

la7Hed the reB3isite residen7y to B3ali=y hi> =or the >ayorship o= $ras, astern,

Sa>ar.

Petitioner inoHes the r3ling in Erialdo . Co>>ission on le7tions[44" in s3pport o=

his 7ontention that the residen7y reB3ire>ent in O4:?a@ o= the 'o7al 8oern>ent

Code in7l3des the residen7y o= one Dho is not a 7itizen o= the Philippines.

esiden7y, hoDeer, Das not an iss3e in that 7ase and this Co3rt did not >aHe any

r3ling on the iss3e noD at bar. #he B3estion in Erialdo Das Dhether petitioner, Dho

tooH his oath o= repatriation on the sa>e day that his ter> as goernor o= Sorsogon

began on 3ne 40, 5::9, 7o>plied Dith the 7itizenship reB3ire>ent 3nder O4:?a@. *t

Das held that he had, be7a3se 7itizenship >ay be possessed een on the day the

7andidate ass3>es oL7e. 3t in the 7ase o= residen7y, as already noted, O4:?a@ o=

the 'o7al 8oern>ent Code reB3ires that the 7andidate >3st hae been a resident

o= the >3ni7ipality I=or at least one ?5@ year i>>ediately pre7eding the day o= theele7tion.J

or 7an petitioner inoHe this Co3rts r3ling in engzon *** . o3se o=

epresentaties le7toral #rib3nal.[4;" Mhat the Co3rt held in that 7ase Das that,

3pon repatriation, a =or>er nat3ral-born Eilipino is dee>ed to hae re7oered his

original stat3s as a nat3ral-born 7itizen.


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#hird, petitioner nonetheless says that his registration as a oter o= 3tnga, $ras,

astern Sa>ar in an3ary 2005 is 7on7l3sie o= his residen7y as a 7andidate

be7a3se O55F o= the $>nib3s le7tion Code reB3ires that a oter >3st hae resided

in the Philippines =or at least one year and in the 7ity or >3ni7ipality Dherein he

proposes to ote =or at least siK >onths i>>ediately pre7eding the ele7tion. +s

held in 3al . 83ray,[49" hoDeer, registration as a oter does not bar the Aling o=a s3bseB3ent 7ase B3estioning a 7andidates la7H o= residen7y.

Petitioners ino7ation o= the liberal interpretation o= ele7tion laDs 7annot aail hi>

any. +s held in +B3ino . Co>>ission on le7tions


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that he Dill obey the laDs, legal orders, and de7rees pro>3lgated by the d3ly

7onstit3ted a3thoritiesN that he is not a per>anent resident or i>>igrant to a

=oreign 7o3ntryN that the obligation i>posed by his oath is ass3>ed ol3ntarily,

Ditho3t >ental reseration or p3rpose o= easionN and that the =a7ts stated in the

7ertiA7ate o= 7andida7y are tr3e to the best o= his HnoDledge.

SC. F. Petition to deny d3e 7o3rse to or 7an7el a 7ertiA7ate o= 7andida7y. +

eriAed petition seeHing to deny d3e 7o3rse or to 7an7el a 7ertiA7ate o= 7andida7y

>ay be Aled by any person eK7l3siely on the gro3nd that any >aterial

representation 7ontained therein as reB3ired 3nder Se7tion F; hereo= is =alse. #he

petition >ay be Aled at any ti>e not later than tDenty-Ae days =ro> the ti>e o=

the Aling o= the 7ertiA7ate o= 7andida7y and shall be de7ided, a=ter d3e noti7e and

hearing, not later than A=teen days be=ore the ele7tion.

*ndeed, it has been held that a 7andidates state>ent in her 7ertiA7ate o= 7andida7y

=or the position o= goernor o= 'eyte that she Das a resident o= ananga, 'eyte

Dhen this Das not so[4F" or that the 7andidate Das a Inat3ral-bornJ Eilipino Dhen in=a7t he had be7o>e an +3stralian 7itizen[4" 7onstit3tes a gro3nd =or the

7an7ellation o= a 7ertiA7ate o= 7andida7y. $n the other hand, De held in Sal7edo ** .

C$('C[4:" that a 7andidate Dho 3sed her h3sbands =a>ily na>e een tho3gh

their >arriage Das oid Das not g3ilty o= >isrepresentation 7on7erning a >aterial

=a7t. *n the 7ase at bar, Dhat is inoled is a =alse state>ent 7on7erning a

7andidates B3aliA7ation =or an oL7e =or Dhi7h he Aled the 7ertiA7ate o= 7andida7y.

#his is a >isrepresentation o= a >aterial =a7t G3sti=ying the 7an7ellation o=

petitioners 7ertiA7ate o= 7andida7y. #he 7an7ellation o= petitioners 7ertiA7ate o=

7andida7y in this 7ase is th3s =3lly G3stiAed.

ME$, the petition is %*S(*SS% and the resol3tion o= the Se7ond %iision o=the Co>>ission on le7tions, dated 3ly 5:, 2005, and the order, dated an3ary 40,

2002 o= the Co>>ission on le7tions en ban7 are +EE*(%.

S$ $%%.

Documents

4. Coquila v Comelec