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    Villafuerte v. Comelec

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    Hudson Cee
    The Supreme Court ruled that the respondent's certificate of candidacy should not be cancelled. Material misrepresentation under Section 78 of the Omnibus Election Code refers only to a candidate's qualifications for office, not their name. While the respondent used his father's nickname "LRAY JR." in his COC instead of his full first name, there was no evidence this was done to intentionally mislead voters as to his identity or eligibility for governor given that voters in the province knew him as the son of the incumbent governor. His use of the nickname did not affect his qualifications for the position.

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    Villafuerte v. Comelec

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    Hudson Cee
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    The Supreme Court ruled that the respondent's certificate of candidacy should not be cancelled. Material misrepresentation under Section 78 of the Omnibus Election Code refers only to a candidate's qualifications for office, not their name. While the respondent used his father's nickname "LRAY JR." in his COC instead of his full first name, there was no evidence this was done to intentionally mislead voters as to his identity or eligibility for governor given that voters in the province knew him as the son of the incumbent governor. His use of the nickname did not affect his qualifications for the position.

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    The Supreme Court ruled that the respondent's certificate of candidacy should not be cancelled. Material misrepresentation under Section 78 of the Omnibus Election Code refers only to a candidate's qualifications for office, not their name. While the respondent used his father's nickname "LRAY JR." in his COC instead of his full first name, there was no evidence this was done to intentionally mislead voters as to his identity or eligibility for governor given that voters in the province knew him as the son of the incumbent governor. His use of the nickname did not affect his qualifications for the position.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    38 views1 page

    Villafuerte v. Comelec

    Uploaded by

    Hudson Cee
    The Supreme Court ruled that the respondent's certificate of candidacy should not be cancelled. Material misrepresentation under Section 78 of the Omnibus Election Code refers only to a candidate's qualifications for office, not their name. While the respondent used his father's nickname "LRAY JR." in his COC instead of his full first name, there was no evidence this was done to intentionally mislead voters as to his identity or eligibility for governor given that voters in the province knew him as the son of the incumbent governor. His use of the nickname did not affect his qualifications for the position.

    Copyright:

    © All Rights Reserved
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    of 1

    Case: Villafuerte v.

    Comelec
    Date: February 25, 2014
    Ponente: J. Peralta

    DOCTRINE
    Material misrepresentation contemplated by Sec. 78 of the Omnibus Election Code refer
    to qualifications for elective office.

    FACTS:
    Petitioner and respondent were both candidates for the Gubernatorial position of the
    province of Camarines Sur in the May 2013 local elections. Petitioner file a with the COMELEC a
    verified Petition to deny due course or cancel the certificate of candidacy of respondent alleging that
    the latter intentionally misrepresented a false and deceptive name/ nickname that would mislead
    the voters when he declared under oath in his COC that LRAY JR.MIGZ was his nickname or stage
    name and that the name he intended to appear on the official ballot was VILLAFUERTE, LRAY
    JR.MIGZ NP; that respondent deliberately omitted his first name MIGUEL and inserted, instead LRAY
    JR., which is the nickname of his father, the incumbent Governor of Camarines Sur,LRay Villafuerte,
    Jr.

    COMELEC's First Division and COMELEC en banc ruled that there is no reason to cancel the
    COC of respondent as matters of material misrepresentation in the COC pertains only to
    qualifications of a candidate and nothing is mentioned about a candidate’s name.

    ISSUE:
    WON respondent’s COC should be cancelled.

    HELD:
    No, material misrepresentation contemplated by Sec. 78 of the Omnibus Election Code refer
    to qualifications for elective office.

    In order to justify the cancellation of the certificate of candidacy under Section 78, it is
    essential that the false representation mentioned therein pertains to a material matter for the
    sanction imposed by this provision would affect the substantive rights of a candidate the right to
    run for the elective post for which he filed the certificate of candidacy.

    Aside from the requirement of materiality, a false representation under Section 78 must
    consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render
    a candidate ineligible. In other words, it must be made with an intention to deceive the electorate
    as to one’s qualifications for public office. The use of surname, when not intended to mislead, or
    deceive the public as to one’s identity is not within the scope of the provision. Respondents
    nickname is not considered a material fact, and there is no substantial evidence showing that in
    writing the nickname LRAY JR. MIGZ in his COC, respondent had the intention to deceive the voters
    as to his identity which has an effect on his eligibility or qualification for the office he seeks to
    assume.

    Notably, respondent is known to the voters of the Province of Camarines Sur as the son of
    the then incumbent Governor of the province, popularly known as LRay. Their relationship is shown
    by the posters, streamers and billboards displayed in the province with the faces of both the father
    and son on them. Thus, the voters of the Province of Camarines Sur know who respondent is.
    Moreover, it was established by the affidavits of respondents witnesses that as the father and son
    have striking similarities, such as their looks and mannerisms, which remained unrebutted, the
    appellation of LRAY JR. has been used to refer to respondent. Hence, the appellation LRAY JR.,
    accompanied by the name MIGZ written as respondents nickname in his COC, is not at all misleading
    to the voters, as in fact, such name distinguishes respondent from his father, the then incumbent
    Governor LRAY, who was running for a Congressional seat in the 2nd District of Camarines Sur.

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