GR 32675 Barredo (Digest)
G.R. No. L-32675, November 3, 1970
ESTANISLAO A. FERNANDEZ, petitioner, vs. VICENTE B. FERNANDEZ and THE COMMISSION ON ELECTIONS, respondents.
FACTS
The case involves a petition regarding the certificate of candidacy of respondent Vicente B. Fernandez for Delegate to the Constitutional Convention. It is undisputed that until November 11, 1969, Vicente was a resident of San Juan, Rizal, and the earliest he could have transferred his residence to Mabitac, Laguna, was November 12, 1969. This would give him less than one year of residence in Mabitac by the election date of November 10, 1970, which is short of the one-year residency requirement under the Constitutional Convention Law. Additionally, his application for voter registration in Mabitac was denied by the local registration board and the Court of First Instance of Laguna, whose decision on such matters is final. The Commission on Elections (Comelec) found that Vicente would not start his campaign until after the “cloud” on his candidacy was removed.
ISSUE
Whether the Comelec or the Supreme Court may deny due course to a certificate of candidacy under Section 37 of the Revised Election Code, based on circumstances indicating a lack of bona fide intention to run, even if the candidate’s legal qualifications (such as residency) are concurrently in question.
RULING
The Supreme Court, through the concurring opinion of Justice Barredo, held that the Comelec and the Court may deny due course to a certificate of candidacy under Section 37 of the Revised Election Code without encroaching on the exclusive jurisdiction of the Constitutional Convention to decide on the qualifications of its members. The denial is not based on a finding of legal disqualification but on circumstances showing the candidacy is not bona fide. Here, Vicente’s knowledge of his inadequate residency, combined with his delayed campaign and the timing of his filing (only after the petitioner filed his own certificate), indicates a lack of genuine intention to run, falling within the “nuisance” candidacy provision of Section 37. Thus, the petition is granted, and Vicente’s certificate of candidacy is denied due course.