A foreign country 3 a statement that the candidate is

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a foreign country; (3) a statement that the candidate is eligible for the office he seeks election; and (4) a statement of the candidates allegiance to the Constitution of the Republic of the Philippines. We now ask: Did Jalosjos make a false statement of a material fact in his certificate of candidacy when he stated under oath that he was eligible to run for mayor? The COMELEC and the dissenting opinions all found that Jalosjos was not eligible to run for public office. The COMELEC concluded that Jalosjos made a false material representation that is a ground for a petition under Section 78. The dissenting opinion of Justice Reyes however, concluded that the ineligibility of Jalosjosis is a disqualification which is a ground for a petition under Section 68 and not under Section 78. The dissention opinion of Justice Brion concluded that the ineligibility of Jalosjos is a disqualification that is not a ground under Section78 without, however, saying under what specific provisions of law a petition against Jalosjos can be filed to cancel his certificate of candidacy. What is indisputably clear that the false material representation of Jalosjos is a ground for a petition under Section 78. However, since the false material representation arises from a crime penalized by prison mayor, a petition under section 12 of the Omnibus Election Code or Section 40 of the Local Government Code can also be property filed. The petitioner has a choice whether to anchor his petition on Section 12 or Section 78 of the Omnibus Election Code, or on Section 40 of Local Government Code. The law expressly provides multiple remedies and the choice of which remedy to adopt belongs to the petitioner. The COMELEC properly cancelled Jalosjos certificate 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. Jalosjos certificate of candidacy was cancelled because he was ineligible from the start to run for Mayor. Whether his certificate of candidacy is cancelled before or after the elections is immaterial because the cancellation such ground means he was never a valid candidate from the very beginning, his certificate of candidacy being void ab initio. Jalosjos ineligibility existed on the day he filed his certificate of candidacy, and the cancellation of his certificate of candidacy retroacted to the day he filed it. Thus, Cardino ran unopposed. There was only one qualified candidate for Mayor in the May 2010 elections Cardino - who received the highest number of votes. Decisions of this Court holding that the second-placer cannot be proclaimed winner if the first placer is disqualified or declared ineligible should be limited to situations where the certificate of candidacy of the first-placer was valid at the time of filing but subsequently had to be cancelled because of a violation of law that took place, or a legal impediment that
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