COQUILLA VS COMELEC

Posted by kaye lee on 11:07 PM

G.R.

No.

151914,

31

July

2002

[Citizenship;

Reacquisition]

FACTS:
Coquilla was born on 1938 of Filipino parents in Oras, Eastern Samar. He
grew up and resided there until 1965, when he was subsequently naturalized
as a U.S. citizen after joining the US Navy. In 1998, he came to the
Philippines and took out a residence certificate, although he continued
making
several
trips
to
the
United
States.
Coquilla eventually applied for repatriation under R.A. No. 8171 which was
approved. On November 10, 2000, he took his oath as a citizen of the
Philippines.
On November 21, 2000, he applied for registration as a voter of Butunga,
Oras, Eastern Samar which was approved in 2001. On February 27, 2001, he
filed his certificate of candidacy stating that he had been a resident of Oras,
Eastern
Samar
for
2
years.
Incumbent mayor Alvarez, who was running for re-election sought to cancel
Coquillas certificate of candidacy on the ground that his statement as to the
two year residency in Oras was a material misrepresentation as he only
resided therein for 6 months after his oath as a citizen.
Before the COMELEC could render a decision, elections commenced and
Coquilla was proclaimed the winner. On July 19, 2001, COMELEC granted
Alvarez petition and ordered the cancellation of petitioners certificate of
candidacy.
ISSUE:
Whether or not Coquilla had been a resident of Oras, Eastern Samar at least
on year before the elections held on May 14, 2001 as what he represented in
his
COC.
RULING:
No. The statement in petitioners certificate of candidacy that he had been a
resident of Oras, Eastern Samar for two years at the time he filed such
certificate is not true. The question is whether the COMELEC was justified in

ordering the cancellation of his certificate of candidacy for this reason.

Petitioner made a false representation of a material fact in his certificate of
candidacy, thus rendering such certificate liable to cancellation. In the case
at bar, what is involved is a false statement concerning a candidates
qualification for an office for which he filed the certificate of candidacy. This
is a misrepresentation of a material fact justifying the cancellation of
petitioners certificate of candidacy. The cancellation of petitioners
certificate of candidacy in this case is thus fully justified.