Coquilla eventually applied for repatriation under RA No 8171 which was

Coquilla eventually applied for repatriation under ra

This preview shows page 13 - 14 out of 39 pages.

Coquilla eventually applied for repatriation under R.A. No. 8171 which was approved. On November 10, 2000, he took his oath as a citizen of the Philippines. On November 21, 2000, he applied for registration as a voter of Butunga, Oras, Eastern Samar which was approved in 2001. On February 27, 2001, he filed his certificate of candidacy stating that he had been a resident of Oras, Eastern Samar for 2 years. Incumbent mayor Alvarez, who was running for re-election sought to cancel Coquilla’s certificate of candidacy on the ground that his statement as to the two year residency in Oras was a material misrepresentation as he only resided therein for 6 months after his oath as a citizen. Before the COMELEC could render a decision, elections commenced and Coquilla was proclaimed the winner. On July 19, 2001, COMELEC granted Alvarez’ petition and ordered the cancellation of petitioner’s certificate of candidacy. ISSUE: Whether or not Coquilla had been a resident of Oras, Eastern Samar at least on year before the elections held on May 14, 2001 as what he represented in his COC. RULING: No. The statement in petitioner’s certificate of candidacy that he had been a resident of Oras, Eastern Samar for “two years” at the time he filed such certificate is not true. The question is whether the COMELEC was justified in ordering the cancellation of his certificate of candidacy for this reason. Petitioner made a false representation of a material fact in his certificate of candidacy, thus rendering such certificate liable to cancellation. In the case at bar, what is involved is a false statement concerning a candidate’s qualification for an office for which he filed the certificate of candidacy. This is a misrepresentation of a material fact justifying the cancellation of petitioner’s certificate of candidacy. The cancellation of petitioner’s certificate of candidacy in this case is thus fully justified MAYOR JOSE UGDORACION, JR., VS COMMISSION ON ELECTIONS AND EPHRAIM M. TUNGOL GR NO. 179851,APRIL 18, 2008 Facts: 1. Ugdoracion and Tungol were rival mayoralty candidates in the municipality of Albuquerque province of Bohol. 2. Tungol filed a petition to deny due course or cancel the certificate of candidacy of Ugdoracion, contending that Ugdoracion's declaration of eligibility for mayor constituted material misrepresentation because he is actually a green card holder or a permanent resident of USA. 3. He stated in his COC that he resided in Albuquerque for forty one years before May 14, 2007 and he is not a permanent resident or an immigrant to a foreign country. 4. It appears that Ugdoracion became a permanent resident in USA on September 26, 2001. 5. Ugdoracion alleged that he retained his domicile of origin notwithstanding his ostensible acquisition of permanent residency in the USA.
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