Tugas for at least six 6 months prior to her

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Tugas for at least six (6) months prior to her application for registration as a voter on 7 May 2009 is an utter falsity. The approval of the registration of petitioner as a voter does not and cannot carry with it an affirmation of the falsehood and misrepresentation as to the period of her residence in Brgy. Tugas. At best, the approval of her registration as a voter carries a presumption that the registrant will be able to meet the six-month residency requirement for the elections in which the registrant intends to vote. It does not prove that the registrant has resided in the locality for more than one year prior to the elections. Petitioner contends that the Court erred in upholding the cancellation of her COC despite the glaring absence of any finding made by the respondent COMELEC in its assailed Resolution that petitioner committed a false material representation in said CoC. The finding of the COMELEC that petitioner lacks the one year residency requirement to run for local elective position in the municipality of Baliangao directly contradicts her sworn declaration that she is eligible to run for public officer. The facts that petitioner failed to prove that she has been a resident of the locality for at least one year prior to the elections reveals the falsity of her assertion in her CoC that she is qualifies to run for a local elective position. This false material representation justifies the cancellation of her CoC. When the candidate’s claim for eligibility is proven false, as when the candidate failed to substantiate meeting the required residency in the locality, the representation of eligibility in the CoC constitutes a “deliberate attempt to mislead, misinform, or hide the fact” of ineligibility. This Court has ruled in Aratea v. COMELEC (G.R. No. 195229, 09 October 2012, 683 SCRA 105) and Jalosjos, Jr. v. COMELEC (G.R. No. 193237, 09 October 2012, 683 SCRA 1) that the cancellation of the CoC based on an ineligibility that existed at the time of its filing means that the candidate was never a valid candidate from the very beginning.
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POLITICAL LAW CASE DIGESTS 142 On the question of who should assume the post vacated by the ineligible candidate, … the eligible candidate who garnered the highest number of votes must assume the office. The ineligible candidate who was proclaimed and who already assumed office is a de facto office by virtue of the ineligibility. The rule on succession in Section 44 of the Local Government Code cannot apply in instances when a de facto officer is ousted from office and the de jure officer takes over. The ouster of a de facto officer cannot create a permanent vacancy as contemplated in the Local Government Code. There is no vacancy to speak of as the de jure officer, the rightful winner in the elections, has the legal right to assume the position.
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POLITICAL LAW CASE DIGESTS 143 TANENGGEE v. PEOPLE G.R. No. 179448, June 26, 2013 Second Division, Del Castillo, J .
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