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    Coquilla vs Comelec

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    Coquilla vs Comelec

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    Coquilla vs Comelec

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    5 views1 page

    Coquilla Vs Comelec

    Uploaded by

    christimyv
    Coquilla vs Comelec

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Coquilla vs.

    COMELEC

    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 Coquilla’s 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
    petitioner’s 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 petitioner’s 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
    candidate’s qualification for an office for which he
    filed the certificate of candidacy. This is a
    misrepresentation of a material fact justifying the
    cancellation of petitioner’s certificate of candidacy.
    The cancellation of petitioner’s certificate of
    candidacy in this case is thus fully justified.

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