G.R. No. 179430 ; July 27, 2009
Jamela Salic Maruhom, Petitioner, vs. Commission on Elections, and Mohammadali “Mericano” A. Abinal, Respondents.

FACTS

Petitioner Jamela Salic Maruhom and private respondent Mohammadali Abinal were mayoralty candidates in Marantao, Lanao del Sur, in the 2007 elections. Abinal, the incumbent mayor, filed a petition to disqualify Maruhom and cancel her Certificate of Candidacy (COC) under Section 78 of the Omnibus Election Code. He alleged Maruhom was a double registrant, having registered as a voter in Marawi City on July 26, 2003, and again in Marantao just three days later without canceling her first registration. Abinal also claimed Maruhom made false material representations in her voter registrations and COC regarding her name, birthdate, birthplace, and residency.
The COMELEC First Division granted Abinal’s petition in a Resolution dated May 8, 2007. It found Maruhom’s subsequent registration in Marantao void ab initio under COMELEC Minute Resolution No. 00-1513, which annuls any second registration while a first subsists. Consequently, not being a registered voter in Marantao, she was disqualified from running for mayor there. Her name was ordered deleted from the list of candidates. The COMELEC En Banc affirmed this ruling in a Resolution dated August 21, 2007. Maruhom then filed this Petition for Certiorari.

ISSUE

Whether the COMELEC committed grave abuse of discretion in disqualifying Maruhom as a candidate on the ground of double voter registration.

RULING

The Supreme Court dismissed the petition, finding no grave abuse of discretion by the COMELEC. The legal logic is anchored on the statutory qualification for local elective office and the nature of double registration. Under Section 39(a) of the Local Government Code, a candidate must be a registered voter in the locality where they seek election. The COMELEC correctly applied its Minute Resolution No. 00-1513, which declares any subsequent voter registration void ab initio while an earlier one subsists. Since Maruhom’s first valid registration was in Marawi, her later registration in Marantao was invalid from the start. Therefore, she was not a registered voter in Marantao and lacked an essential qualification for the office of municipal mayor.
The Court rejected Maruhom’s challenge to COMELEC’s jurisdiction, upholding its constitutional mandate to enforce election laws. The disqualification was not a cancellation of her voter registration per se, but a determination of her qualification based on the legal effect of her void second registration. The false representations in her COC, while noted, became moot given the fundamental disqualification arising from her lack of voter registration in the constituency. The COMELEC’s finding was supported by evidence and a correct application of law, thus not tainted with grave abuse of discretion.