Conquilla v. COMELEC G.R. NO. 139801 (May 31, 2000) FACTS: 1.

Eduardo Alarilla filed his Certificate of Candidacy without indicating the position he was aspiring for: CERTIFICATE OF CANDIDACY I hereby announce my candidacy for the office of Meycauayan, Bulacan, Republic of the Philippines, in the May 11, 1998 elections x x x x 2. However, he attached a Certification from his party (Lakas NUCD-UMD) which indicated that he was being nominated for the position of municipal mayor. 3. He also filed an amended Certificate of Candidacy beyond the filing period to correct the error of not placing the position he was running for. 4. He was later proclaimed as the mayor-elect. 5. Petitioner (Roberto Conquilla) argues that the Certificate of Candidacy should be declared null and void for failing to specify the elective position that Alarilla was running for. 6. COMELEC division and En Banc both sided with Alarilla. 7. Also, COMELEC En Banc ruled additionally that Conquilla filed his motion for reconsideration late (beyond the 5 day period for appeal) ISSUES: 1. Was the motion for reconsideration filed out of time? NO! 2. Should Alarilla be disqualified because of failure to state what position he was running for? NO! HELD: 1. Conquillas MR was filed on time because the last day was a Sunday and therefore, the last day moved to Monday. 2. Alarillas failure to specify the public office he was seeking in his Certificate of Candidacy was not a fatal defect. a. First, there was an attached certification which stated that he was being nominated for the position of municipal mayor. b. Second, Alarilla had rectified the deficiency by filing an Amended Certificate. i. In Alialy v. Commission on Elections (2 SCRA 957), the Supreme Court ruled that the filing of an amended certificate of candidacy was substantial compliance with the law to cure the inconsequential defects (good faith defects) of the originally filed CoC. c. Third, there was a Certified List of Candidates listing released by the COMELEC in the area where it was stated that Alarilla was running for the position of municipal mayor. d. Finally, Alarilla was elected mayor. 3. If substantial compliance with the Election Law should give way to a mere technicality, the will of the electorate, as far as Alarilla is concerned, would be frustrated. Petition Dismissed