Loong v. Commission on Elections
REITERATIONFacts
The Antecedents: Benjamin T. Loong was a candidate for Regional Vice-Governor of the Autonomous Government in Muslim Mindanao in the election held on February 17, 1990. Nurshussein Ututalum and Alim Bashir Edris were also candidates for the same position. The core of the dispute centers on allegations that Loong made a false representation in his certificate of candidacy regarding his age, which is a qualification for the office. Procedural History: On March 5, 1990, respondent Ututalum filed a petition with the Commission on Elections (COMELEC) seeking to disqualify Loong based on the alleged false representation of his age. Respondent Edris intervened with similar claims. Loong filed an answer, arguing, among other things, that the COMELEC lacked jurisdiction as the petition was filed beyond the prescribed period. On May 15, 1990, the COMELEC (Second Division) issued a resolution denying Loong's motion to dismiss, asserting its jurisdiction. After Loong's motion for reconsideration was denied on July 3, 1990, and Loong was proclaimed the elected Vice-Governor, he filed this special civil action of certiorari on July 9, 1990, assailing the COMELEC's resolutions. The Petition: Petitioner Loong seeks to annul the COMELEC's resolutions dated May 15, 1990, and July 3, 1990, arguing that the petition to disqualify him (SPA No. 90-006) was filed beyond the 25-day period prescribed by Section 78 of the Omnibus Election Code. He contends that the COMELEC erred in applying Sections 6 and 7 of Republic Act No. 6646 and the ruling in Frivaldo vs. COMELEC to extend the filing period, asserting that these provisions do not supersede the specific time limits set by the Omnibus Election Code. Loong also argues that the petition cannot be treated as a quo warranto petition as it was filed prematurely before proclamation.
Issue(s)
Whether the petition to disqualify Benjamin T. Loong on the ground of false representation as to his age was filed within the period prescribed by law. Whether the COMELEC correctly asserted jurisdiction and denied the motion to dismiss based on timeliness.
Ruling
The petition is GRANTED. The resolutions of the Commission on Elections dated May 15, 1990, and July 3, 1990, rendered in SPA No. 90-006, are SET ASIDE.
Ratio Decidendi
On Issue 1: The petition to disqualify Benjamin T. Loong on the ground of false representation as to his age was filed out of time. Petitioner Loong filed his certificate of candidacy on January 15, 1990. The election was on February 17, 1990. The petition to disqualify was filed by respondent Ututalum on March 5, 1990, which is 49 days after the certificate of candidacy was filed and 16 days after the election. Section 78 of the Omnibus Election Code clearly states that a petition to cancel a certificate of candidacy due to false representation must be filed within twenty-five (25) days from the time the certificate was filed. The filing on March 5, 1990, exceeded this period. On Issue 2: The COMELEC erred in asserting jurisdiction and denying the motion to dismiss based on timeliness. The COMELEC's reliance on Sections 6 and 7 of R.A. No. 6646 and the Frivaldo ruling was misplaced. While Frivaldo dealt with citizenship, a fundamental qualification, the present case concerns age misrepresentation. The Court held that Section 3, Rule 25 of the COMELEC Rules of Procedure, which allows filing at any time before proclamation, cannot supersede Section 78 of the Omnibus Election Code, a legislative enactment. The COMELEC's interpretation of R.A. No. 6646 did not alter the 25-day period for filing under Section 78. The Court noted that if the 25-day period is missed, the remedy is a petition for quo warranto under Section 253 of the Code, which must be filed within ten (10) days from proclamation. Since the petition was filed before proclamation, it was premature as a quo warranto petition, and too late as a petition to cancel a certificate of candidacy under Section 78.
Main Doctrine
A petition to cancel a certificate of candidacy based on false representation regarding age must be filed within the 25-day period prescribed by Section 78 of the Omnibus Election Code. COMELEC rules cannot override this statutory period, and if missed, the remedy is a petition for quo warranto filed within ten days from proclamation, provided the grounds are not related to fundamental qualifications like citizenship or disloyalty, which may be treated differently.