This case has been cited 2 times or more.
|
2014-04-22 |
PERALTA, J. |
||||
| Section 74 requires the candidate to state under oath in his CoC "that he is eligible for said office." A candidate is eligible if he has a right to run for the public office. If a candidate is not actually eligible because he is not a registered voter in the municipality where he intends to be elected, but still he states under oath in his certificate of candidacy that he is eligible to run for public office, then the candidate clearly makes a false material representation, a ground to support a petition under Section 78.[33] It is interesting to note that Hayudini was, in fact, initially excluded by the ERB as a voter. On November 30, 2012, the ERB issued a certificate confirming the disapproval of Hayudini's petition for registration.[34] This is precisely the reason why he needed to file a Petition for Inclusion in the Permanent List of Voters in Barangay Bintawlan before the MCTC. Thus, when he stated in his CoC that "he is eligible for said office," Hayudini made a clear and material misrepresentation as to his eligibility, because he was not, in fact, registered as a voter in Barangay Bintawlan. | |||||
|
2012-10-09 |
CARPIO, J. |
||||
| In Munder v. Commission on Elections[45] petitioner Alfais Munder filed a certificate of candidacy for Mayor of Bubong, Lanao del Sur on 26 November 2009. Respondent Atty. Tago Sarip filed a petition for Munder's disqualification on 13 April 2010. Sarip claimed that Munder misrepresented that he was a registered voter of Bubong, Lanao del Sur, and that he was eligible to register as a voter in 2003 even though he was not yet 18 years of age at the time of the voter's registration. Moreover, Munder's certificate of candidacy was not accomplished in full as he failed to indicate his precinct and did not affix his thumb-mark. The COMELEC Second Division dismissed Sarip's petition and declared that his grounds are not grounds Tor disqualification under Section 68 but for denial or cancellation of Munder's certificate of candidacy under Section 78. Sarip's petition was filed out of time as he had only 25 days after the filing of Munder's certificate of candidacy, or until 21 December 2009, within which to file his petition. | |||||