GR L 2539; (May, 1949) (Digest)
G.R. No. L-2539; May 28, 1949
JOSE P. MONSALE, protestant-appellee, vs. PAULINO M. NICO, protestee-appellant.
FACTS
In the November 11, 1947, general elections for municipal mayor of Miagao, Iloilo, protestee Paulino M. Nico was proclaimed elected after receiving 2,291 votes, while protestant Jose P. Monsale received no votes in the canvass because his certificate of candidacy had been withdrawn. Monsale had filed his certificate but withdrew it on October 10, 1947. On November 7, 1947, he attempted to “withdraw his withdrawal” and revive his candidacy. The Commission on Elections ruled on November 8 that he could no longer be a candidate. Monsale then filed an election protest, claiming he actually received 2,877 votes. The Court of First Instance of Iloilo declared Monsale elected, leading Nico to appeal.
ISSUE
Whether a candidate who has withdrawn his certificate of candidacy may revive it, either by withdrawing the withdrawal or by filing a new certificate, after the legal deadline for filing certificates of candidacy.
RULING
No. The Supreme Court reversed the lower court’s decision and dismissed the election protest.
A withdrawn certificate of candidacy cannot be revived after the statutory deadline. Under the Revised Election Code, certificates for municipal offices must be filed at least sixty days before a regular election. Monsale’s withdrawal on October 10 was a valid voluntary act that nullified his candidacy. His attempted revival on November 7—only four days before the election—constituted a new certificate filed out of time. The law only permits late filing in case of a candidate’s death or disqualification, not voluntary withdrawal. Consequently, Monsale was not a registered candidate at the time of the election. As a non-candidate, he had no legal standing to contest the election under Section 174 of the Revised Election Code. The will of the electorate, while expressed in votes for Monsale, cannot override the mandatory legal requirements for candidacy.
(Note: Justice Perfecto filed a dissenting opinion, arguing that technicalities should not defeat the sovereign will of the people expressed in the election, and that Monsale, having received the majority of votes, should be declared elected.)*
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