G.R. No. L-9895. September 12, 1956

On August 31, 1955, ten qualified electors and members of the “Mannalon-Mangmangued”, a local  faction of the Democratic Party of the municipality of Anao, province of Tarlac, filed  with the Commission on Elections the certificate of candidacy of Valentin Gabaldon for  the position of vice-mayor of said municipality, said  certificate having been subscribed under oath,   Among the ten persons aforesaid were Jose de la Cruz and Tomaa Ofrecio, president and secretary respectively of said faction, who had been duly elected as such on July 28, 1955.  On said date,  Gabaldon was duly nominated as such  candidate by the  faction with; which he was affiliated.

The Commission  on Elections,  in a resolution  dated October  7, 1955, resolved not to give due course to the certificate  on the ground that the same was not filed in accordance with law.  A petition for reconsideration having been filed, the  Commission denied  the petition stating as grounds  therefor, first, that  the  certificate does  not  state that Gabaldon  was nominated by his party; and second, the  certificate  was  not sworn to by the president and secretary of his party as required by section  35 of the Revised  Election Code.  From this  resolution,  Gabaldon took this appeal by way of certiorari disputing the validity of the action of the Commission  on Elections and praying that, pending determination  of the petition on the merits, a writ of preliminary mandatory injunction  be  issued in order that his candidacy as vice-mayor may be voted upon by the electorate in the elections to be held on November 8, 1955. In due time, the writ prayed for  was granted upon a bond of P300.

The question to be determined is whether the  certificate of candidacy of petitioner as vice-mayor of Anao, Tarlac filed by the ten qualified electors and members of the local faction of the Democratic Party complies with the requirements of section 35 of the Revised Election Code.

It appears that the certificate of candidacy was merely signed under oath by ten qualified electors and members of the local faction of the Democratic Party without stating therein that petitioner  has been duly nominated by said faction as. candidate for  the  office of vice-mayor.  Said certificate does not also state the position held by  the ten members of  the nominating  party.   For these  reasons, respondent Commission considered  said  certificate legally inadequate for it does not meet the requirements of section of the Revised Election Code which provides in part: 

“SEC. 35. Certificates of candidacy filed by ‘political group or political  party.—Certificates  of candidacy  of candidates may be  filed by a political  party  nominating them  without  the  signature  or oath of said candidates. 

“Any political party having officially nominated candidates shall file with the Commission on  Elections a certificate of such official nominations subscribed under oath by the president and secretary or corresponding officers of such political group  or party.”

Considering the certificate alone, the stand of respondent Commission would appear to be correct for it fails to state that petitioner has been duly nominated by a political party and it is not  subscribed  under oath by the president and secretary of said party as required by law.  But it should be  noted that in the petition for  reconsideration filed by the ten electors who registered said certificate of candidacy they made  the  manifestation  that petitioner had  been duly nominated as candidate for vice-mayor of Anao, Tarlac in a convention duly called for the  purpose  and that among the  ten persons who had  been authorized to file his certificate of candidacy were Jose de la Cruz and Tomas Ofrecio, the  president and secretary, respectively,  of the  local faction of the Democratic Party, attaching to the petition a duplicate copy of the minutes of the meeting held concerning said  nomination.  Thus,  pertinent portions  of  the minutes are quoted hereunder: 

“Upon motion of Mr.  Andres de la Cruz, seconded by Mr. Federico Primero, to the  effect that, in view  of the fact that they are fully aware of the active  service to the town and the masses of their brother,  Mr. Valentin Gabaldon, and because he has no time to come to town due to the importance  of his work with  respect to his tenants in the “hacienda” where he worked, he moved; therefore, that his companions  in the party be the ones to present his candidacy for  vice-mayor  in the  town  ol Anao,  Tarlac,  in the November 8  election. The certificate of his  candidacy should be presented by ten (10) persons of this party headed by the seccretary,  Tomas Ofreeio, and  his companions to  sign  the  same are Jose de la Cruz, president; Igmedio  Ofrecio, vice-president; Alexander Baniqued,  sub-secretary;  Clemente Navarro, treasurer; Lucia Cayme, sergearit-at-arms;  Gregorio de la Cruz, sergeant-at-arms; Eugenio Fermantes, auditor; Leon Suares, sub-auditor; Lorenzo de la Cruz, adviser and Leandro Reyes, adviser;  and, the said  certificate of candidacy,  to be Submitted, should be subscribed to before the Justice of the Peace of that town so as to make it secure. Any objection  to  the motion?  There was  none.  Therefore, the same was approved.”  (Annex B of the petition as translated.)

It appearing that  the petition for reconsideration was filed on the time wherein it states, that the petitioner had been  duly nominated as candidate for vice-mayor of Anao, Tarlac, and  that  the  certificate  of candidacy was  duly subscribed under  oath  by the president  and secretary of the local faction of the  Democratic Party which nominated him,  together with other eight electors  and  members of the same party, we are of the opinion that said certificate substantially complies  with the requirements of  the law. It was, therefore,  a mistake for respondent Commission to disregard the same to  the prejudice of the nominee.

It should be stated in passing that the electorate did not consider of any consequence the technical objection of the Commission on Elections when in the ensuing elections it voted for petitioner who in due time took his oath of office. He is now the incumbent vice-mayor of Anao, Tarlac.

Petition is granted, without  pronouncement  as  to costs.

The  writ  of  injunction issued by  this Court is hereby made permanent.

Paras,, C J., Bengzon Paddlla, Montemayor, Labrador, Concepcion, Reyez,  J.  B.  L.,  Endencia,  and Felix, JJ., concur.