Effects of Denial and Cancellation of Certificate of Candidacy due to Material Misrepresentation

Under Philippine Election Law, the filing of a Certificate of Candidacy (COC) is a critical process that defines a person’s eligibility to run for public office. However, a COC may be subject to denial or cancellation if the candidate commits material misrepresentation. The rules governing such denial or cancellation, including the legal consequences, are primarily found in the Omnibus Election Code (Batas Pambansa Blg. 881), various Commission on Elections (COMELEC) Resolutions, and pertinent jurisprudence.

I. Legal Basis for Denial or Cancellation of COC

The Omnibus Election Code provides that a candidate's COC can be cancelled or denied if it is proven that the COC contains material misrepresentations involving the following qualifications:

Citizenship – Whether the candidate is a Filipino citizen.
Residency – Whether the candidate meets the residency requirement for the position sought (e.g., one year of residency in the locality for local officials).
Age – Whether the candidate meets the age requirement for the position.
Eligible to hold office – Whether the candidate is not disqualified by law from holding public office.

Under Section 78 of the Omnibus Election Code, any registered voter may file a petition to deny due course to or cancel a COC if there is material misrepresentation in these aspects.

II. Definition of Material Misrepresentation

Material misrepresentation refers to a false declaration or a deliberate lie regarding the qualifications required by law for a candidate. A misrepresentation is deemed "material" if it affects the candidate’s eligibility for the position. It must be intentional and not due to an honest mistake.

For instance:

A person who falsely declares they are a natural-born Filipino citizen when they are not.
A candidate who misrepresents their length of residency in the locality.

III. Procedure for Cancellation of COC

Filing of the Petition: A verified petition to cancel or deny due course to a COC on the grounds of material misrepresentation may be filed by any registered voter with the COMELEC.
Summary Proceedings: The petition is summary in nature, meaning it is decided without need for a full-blown trial. The petitioner must prove that the misrepresentation in the COC is material and was made knowingly.
Burden of Proof: The burden lies with the petitioner to prove the existence of material misrepresentation by presenting clear and convincing evidence.
Decision: Once the COMELEC establishes that there is indeed a material misrepresentation, it can order the cancellation of the COC.

IV. Effects of the Denial or Cancellation of COC

Ineligibility of Candidate: When a COC is denied or cancelled due to material misrepresentation, the candidate is disqualified from running for the office in question. The cancellation means the candidate is considered ineligible for the position, ab initio, or from the beginning. It is as though the person never filed a valid COC.
Votes Cast for the Disqualified Candidate: If the cancellation of the COC becomes final before the election day, votes cast for the disqualified candidate are considered stray votes and will not be counted in favor of that candidate.
Effects Post-Election: If the cancellation or denial becomes final after the election and the candidate has already received votes:
- If the candidate has not yet been proclaimed: The votes will not be counted, and if the disqualified candidate garners the highest number of votes, the next qualified candidate with the highest number of votes may be proclaimed the winner.
- If the candidate has been proclaimed: The proclamation is void, and the disqualified candidate will be removed from office. A petition for quo warranto may be filed against the disqualified candidate to challenge their right to hold office.
Criminal and Administrative Liability: The candidate may also face criminal or administrative charges for deliberately making false declarations in the COC. This may include perjury charges or other penalties as provided under election laws.

V. Jurisprudence

Dominador Jalosjos, Jr. v. COMELEC (2013)

In this case, the Supreme Court emphasized that the cancellation of a COC on the grounds of material misrepresentation retroacts to the date of filing, effectively rendering the candidate as having never been a valid candidate. Thus, any votes cast for such a candidate are invalid and cannot be counted.

Joseph Estrada v. Sandiganbayan (2001)

In this case, it was reiterated that material misrepresentation must be deliberate and intentional for it to warrant cancellation of the COC. The court stressed that the falsity of a statement must be established by clear and convincing evidence.

Reyes v. COMELEC (2013)

The Supreme Court ruled that material misrepresentation in the COC regarding citizenship would result in the immediate disqualification of the candidate, as citizenship is a basic qualification for holding public office.

VI. Distinction Between COC Cancellation and Disqualification Cases

It is essential to distinguish between cases for the cancellation of COC and cases for disqualification under election laws:

Cancellation of COC due to material misrepresentation deals with the issue of eligibility due to a false declaration in the COC.
Disqualification cases, on the other hand, typically involve candidates who are otherwise qualified but are disqualified due to grounds specified by law (e.g., conviction of a crime involving moral turpitude, election offenses, etc.).

Cancellation of a COC affects the very validity of the candidate's candidacy from the outset, whereas disqualification affects their ability to assume or continue in office even if they won.

VII. Conclusion

The denial or cancellation of a Certificate of Candidacy due to material misrepresentation carries severe consequences. Not only does it result in the ineligibility of the candidate from the start, but it can also invalidate the votes cast for them, void their proclamation if they are declared winners, and subject them to possible criminal or administrative sanctions. Given these consequences, candidates are required to exercise utmost honesty and diligence in the preparation and filing of their COCs to avoid such penalties under the law.