REP. MA CATALINA L. GO VS. COMELEC, FELIPE V.

MONTEJO & ARVIN ANTONI

GR. 1447741 MAY 10, 2001

FACTS:

On Feb. 27, 2001, petitioner Ma. Catalino L. Go, the incumbent representative of the 5 th district
of Leyte filed a COC for mayor of Baybay, Leyte. On Feb. 28, 1001 at 11:47 pm, petitioner also filed a CoC
for governor of the province of Leyte and simultaneously filed a withdrawal of her candidacy for mayor.
The provincial election supervisor refused the accept the withdrawal since it should be filed with the
municipal election officer. Since, the travel time from Tacloban to Baybay was 2 hours, she decided to
fax her withdrawal to her father who will submit the same to the office at 12:28 am, March 1, 2001. At
1:15 pm, the election officer received the copy. Respondent Montejo and Antoni filed a petition to deny
due course to the CoC of the petitioner for governor and for mayor, respectively. The Director of the
Law Department of COMELEC recommended in favour of the respondents’ petitions. The COMELEC en
banc disqualified the petitioner’s candidacy for both positions hence, this petition for certiorari before
the SC.

ISSUE:

Whether or not the petiitoner’s withdrawal of her CoC for mayor is valid.

RULING:

Yes. Under Sec. 73 of the OEC, “no person shall be eligible for more than one office to be filled in
the same election, and if he files his certificate of candidacy for more than one office, he shall not be
eligible for any of them. However, before the expiration of the period for the filing of certificates of
candidacy, the person who has file more than one certificate of candidacy may declare under oath the
office for which he desires to be eligible and cancel the certificate of candidacy for the other office or
offices.” There is nothing in this Section which mandates that the affidavit of withdrawal must be filed
with the same office where the certificate of candidacy to be withdrawn was filed. Thus, it can be filed
directly with the main office of the COMELEC, the office of the regional election director concerned, the
office of the provincial election supervisor of the province to which the municipality involved belongs, or
the office of the municipal election officer of the said municipality. The COMELEC resolution which
requires withdrawal to be filed where the COC was filed is merely directory and intended for
convenience.In this case, the filing of the affidavit of withdrawal with the election officer of Baybay,
Leyte, at 12:28 a.m., 1 March 2001 was a substantial compliance with the requirement of the law.
Petitioner's withdrawal of her certificate of candidacy for mayor of Baybay, Leyte was effective for all
legal purposes, and left in full force her certificate of candidacy for governor. Thus, the SC granted the
petition.