Political law case digests 68 october 2012 jalosjos

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POLITICAL LAW CASE DIGESTS 68 OCTOBER 2012 JALOSJOS, JR. v. COMMISSION ON ELECTIONS G.R. No. 193237, October 9, 2012 En Banc, Carpio, J. DOCTRINE: Omnibus election Code; Perpetual specific disqualification; A false statement in a certificate of candidacy that a candidate is eligible to run for public office is a false material representation which is a ground for a petition under Section78 of the Omnibus Election Code. Section74 requires the candidate to state under oath in his certificate of candidacy “that he is eligible for said office.” A candidate is eligible if he has a right to run for public office. If a candidate is not actually eligible because he is barred by final judgment in a criminal case from running for public office, and he still 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 that is a ground for petition under Section 78. -- Same; Same; A sentence of prison mayor by final judgment is a ground for disqualification under Section 40 of the Local Government Code and under Section 12 of the Omnibus Election Code. It is also a material fact involving the eligibility of candidate under Section 74 and 78 of the Omnibus Election Code. Thus, a person can file a petition under Section 40 of the Local Government Code or under either Section 12 or Section 78 of the Omnibus Election Code. --COMELEC; Jurisdiction; In Codilla, Sr. v. de Venecia (442 phil. 139, 177- 178 [2002]), the Court declared: [T]he jurisdiction of the COMELEC to disqualify candidates is limited to those enumerated in Section 68 of the Omnibus Election Code. All other election offenses are beyond the ambit of COMELEC jurisdiction. They are criminal and not administrative in nature. --Same; Void certification of candidacy; A void certificate of candidacy on the ground of ineligibility that existed at the time of the filing of the certificate of candidacy can never give rise to a valid candidacy, and much less to valid votes. --Same; Same; If the certificate of candidacy is void ab initio, then legally the person who filed such void certificate of candidacy was never a candidate in the elections at any time. All votes for such non- candidate are stray votes and should not be counted. Thus, such non-candidate can never be a first-placer in the elections. If a certificate void ab initio is cancelled on the day, or before the day, of the election, prevailing jurisprudence holds that all votes for that candidate are stray votes. If a certificate of candidacy void ab initio is cancelled one day or more after the elections, all votes for such candidate also be stray votes because the certificate of candidacy is void from the very beginning. DIGEST: These are two special civil actions for certiorari questioning the resolutions of the Commission on Elections (COMELEC) in SPA No. 09-076 (DC). In G.R. No. 193237, Dominador G. Jalosjos, Jr. (Jalosjos) seeks to annul the 10 May 2010 Resolution of the COMELEC First Division and the 11 August 2010 Resolution of the COMELEC En Banc,
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