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HRET ruling:
It dismissed Juntilla's petition and declared the substitution as valid
It also said that the COMELEC 1st Division's resolution spoke of
disqualification and not the cancellation of the CoC
Juntilla filed for Certiorari and Prohibition before the Supreme Court
ISSUE:
Was there a valid substitution? And as a consequence of such
substitution, was Lucy Torres-Gomez validly elected as a
representative of the 4th District of Leyte? NO
HELD:
A valid CoC as a condition sine que non for the substitution of candidate
Section 77 of the Omnibus Election Code provides that, if an official
candidate of a registered or accredited political party dies,
withdraws or is disqualified for any cause, a person belonging to and
certified by the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew or was
disqualified
Evidently, Section 77 requires that there be an official candidate
before candidate substitution proceeds.
As defined under Section 79(a) of the OEC, the term candidate
refers to any person aspiring for or seeking an elective public office
who has filed a certificate of candidacy by himself or through an
accredited political party, aggroupment, or coalition of parties.
Clearly, the law requires that one must have validly filed a CoC in
order to be considered a candidate.
Effect of Sec 68 and Sec 78 on candidate substitution under Sec 77
Sec 681 speaks of a disqualification of the candidate based on the
1 Sec. 68. Disqualifications. - Any candidate who, in an action or protest in which he is a party is
declared by final decision of a competent court guilty of, or found by the Commission of having (a) given
money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his
election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any
contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85,
86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a
candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or
an immigrant to a foreign country shall not be qualified to run for any elective office under this Code,
unless said person has waived his status as permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in the election laws.