GR 206698; (February, 2014) (Digest)
G.R. No. 206698 ; February 25, 2014
LUIS R. VILLAFUERTE, Petitioner, vs. COMMISSION ON ELECTIONS and MIGUEL R. VILLAFUERTE, Respondents.
FACTS
Petitioner Luis R. Villafuerte and respondent Miguel R. Villafuerte were both candidates for Governor of Camarines Sur in the May 13, 2013 elections. On October 25, 2012, petitioner filed a Verified Petition with the COMELEC to deny due course to or cancel respondent’s Certificate of Candidacy (COC). Petitioner alleged that respondent committed a material misrepresentation by declaring under oath in his COC that “L-RAY JR.-MIGZ” was his nickname or stage name intended to appear on the official ballot. Petitioner contended this was a false and deceptive name meant to mislead voters, as respondent deliberately omitted his first name “MIGUEL” and inserted “LRAY JR.,” which is the nickname of his father, the incumbent Governor.
In his Answer, respondent denied any material misrepresentation, asserting he had been using the nickname “LRAY JR. MIGZ,” and that the choice of name on the ballot was his preference.
The COMELEC First Division denied the petition for lack of merit on January 15, 2013, ruling that material misrepresentation under Section 78 of the Omnibus Election Code pertains only to qualifications for elective office (e.g., citizenship, residency, age) and not to a candidate’s name or nickname. The COMELEC En Banc affirmed this dismissal in a Resolution dated April 1, 2013. Petitioner then filed the instant petition for certiorari and prohibition, arguing the COMELEC committed grave abuse of discretion.
ISSUE
Whether respondent committed a material misrepresentation under Section 78 of the Omnibus Election Code by declaring “L-RAY JR.-MIGZ” as his nickname in his Certificate of Candidacy, thereby justifying its cancellation.
RULING
The Supreme Court DENIED the petition and AFFIRMED the COMELEC Resolutions. The Court held that respondent did not commit a material misrepresentation warranting the cancellation of his COC.
The Court explained that a material misrepresentation under Section 78 must pertain to a qualification for elective office. Section 74 of the Omnibus Election Code, which details the contents of a COC, allows a candidate to “include one nickname or stage name by which he is generally or popularly known in the locality.” The Court found that respondent’s use of “LRAY JR.-MIGZ” did not violate this provision. The law does not restrict a nickname to a single word or prohibit the combination of a nickname with a given name. Furthermore, the alleged misrepresentation did not relate to respondent’s eligibility or qualifications for the office of Governor, such as age, citizenship, or residency. The Court emphasized that the use of a nickname, even if it includes elements of another person’s name, is not a ground for cancellation under Section 78, as it is not a qualification prescribed by law.
The Court also addressed petitioner’s argument regarding the Automation Law (R.A. 8436 as amended by R.A. 9369), noting that the law requires the alphabetical arrangement of candidates’ surnames on the ballot, but the inclusion of a nickname does not contravene this. The Court further cited jurisprudence stating that votes cast for a candidate using a nickname are not considered stray, provided the nickname is one by which the candidate is generally known.
Thus, the COMELEC did not commit grave abuse of discretion in dismissing the petition to cancel respondent’s COC.