GR L 2302; (October, 1948) (Digest)
G.R. No. L-2302; October 25, 1948
ISAIAS YCAIN, petitioner-appellant, vs. PABLO CANEJA, respondent-appellee.
FACTS
Isaias Ycain and Brigido Caneja were candidates for Mayor of Naval, Leyte, having filed their certificates of candidacy within the legal period. The Court of First Instance of Leyte declared Brigido Caneja ineligible for lack of the required six-month residency. On November 4, 1947, Pablo Caneja filed his certificate of candidacy for Mayor, but the Municipal Secretary rejected it as filed out of time. On November 7, 1947, Brigido Caneja notified the Municipal Secretary that he had withdrawn his candidacy. On November 9, 1947, upon instruction from the Commission on Elections via the Provincial Fiscal, the Municipal Secretary accepted and gave due course to Pablo Caneja’s certificate of candidacy. In the election, Pablo Caneja was proclaimed the winner by a margin of four votes over Isaias Ycain. Ycain filed an election protest, which the trial court dismissed.
ISSUE
Whether Pablo Caneja was eligible for the office of Mayor, considering that his certificate of candidacy was filed after the statutory deadline.
RULING
Yes, Pablo Caneja was eligible. The Supreme Court affirmed the dismissal of the protest. The Court held that while Pablo Caneja’s certificate was physically presented on November 4, it was only duly presented and accepted in accordance with law on November 9, after Brigido Caneja’s withdrawal. Under Section 38 of the Revised Election Code, if a duly registered candidate dies or becomes disqualified after the filing deadline, a substitute candidate may file a certificate up to election day. The withdrawal of a certificate of candidacy constitutes a disqualification. Therefore, when Brigido Caneja withdrew on November 7, he became disqualified, and Pablo Caneja validly substituted for him under Section 38. Preventing a substitution in such a case would undermine the democratic process by allowing a single remaining candidate to win by a single vote, depriving the electorate of a choice.
AI Generated by Armztrong.