EN BANC candidate's name/nickname as a ground to deny due course or cancel

his/her COC. When the language of the law is clear and explicit, there
is no room for interpretation, only application. 5
[G.R. No. 206698. February 25, 2014.]
Petitioner filed a motion for reconsideration with the COMELEC En
LUIS R. VILLAFUERTE , petitioner, vs. COMMISSION ON Banc, which denied the same in a Resolution dated April 1, 2013.
ELECTIONS and MIGUEL R. VILLAFUERTE, respondents. The COMELEC found that its First Division did not err in denying the
petition as existing law and jurisprudence are clear in providing that a
misrepresentation in a certificate of candidacy is material when it refers to a
DECISION qualification for elective office and affects the candidate's eligibility; and that
a misrepresentation of a non-material fact is not a ground to deny due
course to or cancel a certificate of candidacy under Section 78 of the
PERALTA, J : p
Omnibus Election Code. It found that petitioner's allegations did not pertain
Assailed via petition for certiorari and prohibition with prayer for the to respondent's qualifications or eligibility for the office to which he sought
issuance of a writ of preliminary injunction and/or temporary restraining to be elected. The candidate's use of a name or nickname is a not a ground
order is the Resolution 1 dated April 1, 2013 issued by the Commission on to deny due course to or cancel a certificate of candidacy.
Elections (COMELEC) En Banc, which affirmed the Resolution 2 dated January Dissatisfied, petitioner filed the instant petition for certiorari and
15, 2013 of its First Division dismissing petitioner Luis R. Villafuerte's verified prohibition alleging the following issues:
petition to deny due course to or cancel the certificate of candidacy of Miguel
R. Villafuerte (respondent). I
Respondent COMELEC palpably and seriously committed grave
Petitioner and respondent were both candidates for the Gubernatorial
abuse of discretion amounting to lack and/or in excess of jurisdiction
position of the Province of Camarines Sur in the May 13, 2013 local and when it whimsically and capriciously limited the grounds provided in
national elections. On October 25, 2012, petitioner filed with the COMELEC a Section 78 in relation to Section 74 of the Omnibus Election Code to a
Verified Petition 3 to deny due course to or cancel the certificate of candidacy candidate's qualifications only and excluding as a ground a candidate's
(COC) of respondent, alleging that respondent intentionally and materially material representation that is FALSE on his identity which renders him
misrepresented a false and deceptive name/nickname that would mislead ineligible to be voted for as a candidate, because a FALSE
the voters when he declared under oath in his COC that "L-RAY JR.-MIGZ" representation of ones' true name/nickname as a candidate is a
was his nickname or stagename and that the name he intended to appear deliberate attempt to misinform, mislead, and deceive the electorate
on the official ballot was VILLAFUERTE, L-RAY JR.-MIGZ NP; that respondent and notwithstanding that Section 78 of the Omnibus Election Code
deliberately omitted his first name "MIGUEL" and inserted, instead "LRAY expressly states that "any" material misrepresentation in violation of
Section 74 of the same Code is a ground for cancellation of a
JR.," which is the nickname of his father, the incumbent Governor of
Certificate of Candidacy.
Camarines Sur, "LRay Villafuerte, Jr."
II
In his Answer with Special and Affirmative Defenses, 4 respondent
denied the commission of any material misrepresentation and asserted, Respondent COMELEC committed serious errors and patent
grave abuse of discretion amounting to lack and/or in excess of
among others, that he had been using the nickname "LRAY JR. MIGZ" and not
jurisdiction in failing or refusing to apply prevailing jurisprudence and
only "MIGZ"; that the choice of name/word to appear on the ballot was solely law, wherein it was held: that cancellation of COC is not based on the
his choice or preference; and that the presumption that the voters would be lack of qualification although it may relate to qualification based on a
confused on the simple fact that his name would be placed first in the ballot "finding that a candidate made a material representation that is false";
was misplaced. thereby disregarding the well-entrenched rulings of this Honorable
Court that material misrepresentation may also include ineligibilities to
On January 15, 2013, the COMELEC's First Division denied the petition
run for office or to assume office and is not limited to qualifications;
for lack of merit and disposed as follows: SDAaTC
utterly ignoring the ruling of this Honorable Court that votes cast in
. . . no compelling reason why the COC of respondent should be favor of a candidate using a nickname in violation of Section 74 are
denied due course to or cancelled on the sole basis of an alleged STRAY votes, and in turning a blind eye to its constitutional and
irregularity in his name/nickname. Laws and jurisprudence on the statutory duty and responsibility to protect the rights of the voters and
matter are clear that material misrepresentation in the COC pertains the integrity of the electoral processes in our country, among others.
only to qualifications of a candidate, such as citizenship, residency, III
registration as a voter, age, etc. Nothing has been mentioned about a
Respondent COMELEC whimsically, capriciously and despotically
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 allowed herein respondent MIGUEL to use "LRAY JR.-MIGZ" and thereby candidacy the name by which he has been baptized, or if has not been
illegally disregarded the effects of R.A. 8436 as amended by R.A. 9369 baptized in any church or religion, the name registered in the office of
or the Automation Law and the requirement therein for the alphabetical the local civil registrar or any other name allowed under the provisions
arrangement of the names of the candidates and for allowing of existing law or, in the case of a Muslim, his Hadji name after
respondent Miguel to deliberately and misleadingly omit his baptismal performing the prescribed religious pilgrimage: Provided, That when
first name MIGUEL which is mandatorily required by Section 74 to be there are two or more candidates for an office with the same name and
included in his COC and for respondent Miguel to use more than one surname, each candidate, upon being made aware or such fact, shall
nickname for which he is not generally or popularly known in state his paternal and maternal surname, except the incumbent who
Camarines Sur. DTCSHA may continue to use the name and surname stated in his certificate of
candidacy when he was elected. He may also include one nickname or
IV
stage name by which he is generally or popularly known in the locality.
Material misrepresentation as contemplated by law is NOT to
The person filing a certificate of candidacy shall also affix his
protect respondent as a candidate, but MORESO, to protect the right of
latest photograph, passport size; a statement in duplicate containing
other candidates under the Automation Law, and more importantly to
his bio-data and program of government not exceeding one hundred
protect the electorate from being misinformed, misled and deceived. 6
words, if he so desires.
The main issue for resolution is whether respondent committed a
And the proper procedure to be taken if a misrepresentation is committed by
material misrepresentation under Section 78 of the Omnibus Election Code
a candidate in his COC is to question the same by filing a verified petition
so as to justify the cancellation of his COC.
pursuant to Section 78, thus:
Petitioner filed the petition under Section 78 of the Omnibus Election
Sec. 78. Petition to deny due course to or cancel a certificate of
Code claiming that respondent committed material misrepresentation when candidacy. — A verified petition seeking to deny due course or to
the latter declared in his COC that his name/nickname to be printed in the cancel a certificate of candidacy may be filed by any person
official ballot is VILLAFUERTE, LRAY JR.-MIGZ instead of his baptismal name, exclusively on the ground that any material representation contained
VILLAFUERTE, MIGUEL-MIGZ; that such declaration made under oath therein as required under Section 74 hereof is false. The petition may
constitutes material misrepresentation even if the material be filed at any time not later than twenty-five days from the time of the
misrepresentation did not refer to his qualifications but refers to his eligibility filing of the certificate of candidacy and shall be decided, after due
to be validly voted for as a candidate and, consequently, to his eligibility to notice and hearing, not later than fifteen days before the election.
assume office. Clearly, Section 78 states that the false representation in the contents
We find no merit in the argument. of the COC required under Section 74 must refer to material matters in order
to justify the cancellation of the COC. What then constitutes a material
Section 73 of the Omnibus Election Code states that no person shall be misrepresentation?
eligible for any elective public office unless he files a sworn COC within the
period fixed herein. Section 74 thereof enumerates the contents of the COC, In Salcedo II v. Commission on Elections, 7 petitioner Victorino Salcedo
to wit: II filed with the COMELEC a petition seeking cancellation of respondent
Ermelita Salcedo's (Ermelita) COC on the ground that she had made material
Sec. 74. Contents of certificate of candidacy. — The certificate of
misrepresentation by stating her surname as Salcedo. Petitioner claimed
candidacy shall state that the person filing it is announcing his
candidacy for the office stated therein and that he is eligible for said
that Ermelita had no right to use the surname Salcedo, since her marriage to
office; if for Member of the Batasang Pambansa, the province, including Neptali Salcedo was void. The COMELEC En Banc found that Ermelita did not
its component cities, highly urbanized city or district or sector which he commit any misrepresentation nor usurp another's name since she had the
seeks to represent; the political party to which he belongs; civil status; right to use her husband's surname for being married to him, and thus,
his date of birth; residence; his post office address for all election validated her proclamation as Mayor of Sara, Iloilo. Salcedo appealed the
purposes; his profession or occupation; that he will support and defend COMELEC's resolution, and we held:
the Constitution of the Philippines and will maintain true faith and
In case there is a material misrepresentation in the certificate of
allegiance thereto; that he will obey the laws, legal orders, and decrees
candidacy, the Comelec is authorized to deny due course to or cancel
promulgated by the duly constituted authorities; that he is not a
such certificate upon the filing of a petition by any person pursuant to
permanent resident or immigrant to a foreign country; that the
Section 78 . . .
obligation imposed by his oath is assumed voluntarily, without mental
reservation or purpose of evasion; and that the facts stated in the As stated in the law, in order to justify the cancellation of the
certificate of candidacy are true to the best of his knowledge. certificate of candidacy under Section 78, it is essential that the false
representation mentioned therein pertain[s] to a material matter for
Unless a candidate has officially changed his name through a
the sanction imposed by this provision would affect the substantive
court approved proceeding, a certificate shall use in a certificate of
rights of a candidate — the right to run for the elective post for which
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 he filed the certificate of candidacy. Although the law does not specify election. Even though the certificate of candidacy does not specifically
what would be considered as a "material representation," the Court has ask the candidate for the number of terms elected and served in an
interpreted this phrase in a line of decisions applying Section 78 of the elective position, such fact is material in determining a candidate's
Code. 8 ESTDcC eligibility, and thus qualification for the office. Election to and service of
the same local elective position for three consecutive terms renders a
xxx xxx xxx
candidate ineligible from running for the same position in the
Therefore, it may be concluded that the material succeeding elections. Lonzanida misrepresented his eligibility because
misrepresentation contemplated by Section 78 of the Code refer to he knew full well that he had been elected, and had served, as mayor
qualifications for elective office. This conclusion is strengthened by the of San Antonio, Zambales for more than three consecutive terms yet
fact that the consequences imposed upon a candidate guilty of having he still certified that he was eligible to run for mayor for the next
made a false representation in his certificate of candidacy are grave — succeeding term. Thus, Lonzanida's representation that he was eligible
to prevent the candidate from running or, if elected, from serving, or to for the office that he sought election constitutes false material
prosecute him for violation of the election laws. It could not have been representation as to his qualification or eligibility for the office. 12
the intention of the law to deprive a person of such a basic and
In Justimbaste v. Commission on Elections, 13 where petitioner therein
substantive political right to be voted for a public office upon just any
innocuous mistake. claimed that respondent committed material misrepresentation when he
stated his name in the COC as Rustico Besa Balderian instead of Chu Teck
xxx xxx xxx Siao, we found that it had been established that in all of respondent's school
Aside from the requirement of materiality, a false representation records, he had been using Rustico Besa Balderian, the name under which
under Section 78 must consist of a "deliberate attempt to mislead, he was baptized and known since he can remember. He never used the
misinform, or hide a fact which would otherwise render a candidate name Chu Teck Siao by which he was registered. It was also established that
ineligible." In other words, it must be made with an intention to deceive he had filed a petition for change of name to avoid any confusion and which
the electorate as to one's qualifications for public office. The use of
the RTC had granted. We then said, that —
surname, when not intended to mislead, or deceive the public as to
one's identity is not within the scope of the provision. 9 AT ALL EVENTS, the use of a name other than that stated in the
In Aratea v. Commission on Elections, 10 we proclaimed Estela D. certificate of birth is not a material misrepresentation, as "material
Antipolo, the alleged second placer, as Mayor of San Antonio, Zambales, misrepresentation" under the earlier-quoted Section 78 of the
Omnibus Election Code refers to "qualifications for elective office." It
being the one who remained as the sole qualified candidate for the
need not be emphasized that there is no showing that there was an
mayoralty post and obtained the highest number of votes, since the COC of
intent to deceive the electorate as to private respondent's identity,
Romeo D. Lonzanida, the first placer, was declared void ab initio. We find nor that by using his Filipino name the voting public was thereby
that violation of the three-term limit is an eligibility affecting the qualification deceived. 14
of a candidate to elective office and the misrepresentation of such is a
ground to grant the petition to deny due course or cancel a COC. We said Clearly, from the foregoing, for the petition to deny due course or
that: cancel the COC of one candidate to prosper, the candidate must have made
a material misrepresentation involving his eligibility or qualification for the
Section 74 requires the candidate to certify that he is eligible for
office to which he seeks election, such as the requisite residency, age,
the public office he seeks election. Thus, Section 74 states that "the
certificate of candidacy shall state that the person filing . . . is eligible citizenship or any other legal qualification necessary to run for local elective
for said office." The three-term limit rule, enacted to prevent the office as provided in the Local Government Code. 15 Hence, petitioner's
establishment of political dynasties and to enhance the electorate's allegation that respondent's nickname "LRAY JR. MIGZ" written in his COC is
freedom of choice, is found both in the Constitution and the law. After a material misrepresentation is devoid of merit. Respondent's nickname
being elected and serving for three consecutive terms, an elective local written in the COC cannot be considered a material fact which pertains to his
official cannot seek immediate reelection for the same office in the eligibility and thus qualification to run for public office.
next regular election because he is ineligible. One who has an
ineligibility to run for elective public office is not "eligible for [the] Moreover, the false representation under Section 78 must consist of a
office." As used in Section 74, the word "eligible" means having the deliberate attempt to mislead, misinform, or hide a fact which would
right to run for elective public office, that is, having all the otherwise render a candidate ineligible. As we said, respondent's nickname
qualifications and none of the ineligibilities to run for the public office. is not considered a material fact, and there is no substantial evidence
11 showing that in writing the nickname "LRAY JR. MIGZ" in his COC, respondent
xxx xxx xxx had the intention to deceive the voters as to his identity which has an effect
In a certificate of candidacy, the candidate is asked to certify on his eligibility or qualification for the office he seeks to assume. IcDCaS

under oath his eligibility, and thus qualification, to the office he seeks Notably, respondent is known to the voters of the Province of
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 Camarines Sur as the son of the then incumbent Governor of the province, Thus, we found that malice and bad faith on the part of Villarosa was evident
popularly known as "LRay." Their relationship is shown by the posters, when, in her COC and campaign materials, she appropriated the initials or
streamers and billboards displayed in the province with the faces of both the nickname of her husband, the incumbent representative of the district in
father and son on them. Thus, the voters of the Province of Camarines Sur question.
know who respondent is. Moreover, it was established by the affidavits of Villarosa is not on all fours with this case. This case is a petition to deny
respondent's witnesses that as the father and son have striking similarities, due course and to cancel COC on the ground of a statement of a material
such as their looks and mannerisms, which remained unrebutted, the representation that is false; to be material, such must refer to an eligibility or
appellation of LRAY JR. has been used to refer to respondent. Hence, the qualification for the elective office the candidate seeks to hold. Here,
appellation LRAY JR., accompanied by the name MIGZ 16 written as respondent's nickname is not a qualification for a public office which affects
respondent's nickname in his COC, is not at all misleading to the voters, as in his eligibility. Notably, respondent's father, who won 3 consecutive terms as
fact, such name distinguishes respondent from his father, the then Governor of the Province of Camarines Norte, is popularly known as "LRAY,"
incumbent "Governor LRAY," who was running for a Congressional seat in so when respondent wrote in his COC, "LRAY JR. MIGZ" as his nickname, he
the 2nd District of Camarines Sur. As we ruled in Salcedo II v. COMELEC, 17 differentiated himself from Governor "LRAY," which negates any intention to
the use of a surname, when not intended to mislead or deceive the public as mislead or misinform or hide a fact which would otherwise render him
to one's identity, is not within the scope of Section 78 of the Omnibus ineligible. Also, the appellation LRAY JR. was accompanied by the name MIGZ
Election Code. Thus, respondent's nickname written in his COC, without which was not so in the Villarosa case.
intending to mislead the voters as to his identity, cannot be canceled. We
find no grave abuse of discretion committed by the COMELEC En Banc in It bears stressing that Section 74 requires, among others, that a
finding that respondent did not commit material misrepresentation in his candidate shall use in a COC the name by which he has been baptized,
COC. unless the candidate has changed his name through court-approved
proceedings, and that he may include one nickname or stagename by which
Petitioner relies on Villarosa v. House of Representatives Electoral he is generally or popularly known in the locality, which respondent did. As
Tribunal 18 to justify the annulment of respondent's COC. In Villarosa, which we have discussed, the name which respondent wrote in his COC to appear
involves the counting of ballots under the manual elections, respondent in the ballot, is not considered a material misrepresentation under Section
Quintos filed an election protest relating to the proclamation of Amelita 78 of the Omnibus Election Code, as it does not pertain to his qualification or
Villarosa (Villarosa) alleging that the "JTV" votes should not be counted in the eligibility to run for an elective public office. By invoking the case of Villarosa
latter's favor. We then held that V illarosa's use of "JTV" as her nickname was which is in the nature of an election protest relating to the proclamation of
a clever ploy to make a mockery of the election process; thus, votes of "JTV" Villarosa, petitioner should have instead filed an election protest and prayed
were considered stray votes. In so ruling, we found that "JTV" is the that the votes for respondent be declared as stray votes, and not a petition
nickname of Villarosa's husband, who was then the incumbent to deny due course or cancel the COC.
representative of Occidental Mindoro; that when Villarosa's husband ran and
campaigned for as representative in both the 1992 and 1995 elections in the Finally, petitioner claims that the false representation of respondent's
same legislative district where Villarosa ran in the May 1998 elections, he nickname written on the COC is meant to undermine the statutory
was generally known as "JTV." We thus ruled that the voters who wrote "JTV" requirement regarding the alphabetical listing/arrangement of names of the
in the ballots had no other person in mind except then incumbent candidate as provided under Section 13 19 of Republic Act No. (RA) 9369
representative Jose Tapales V illarosa, or the same person whom they have amending RA 8436, the automated election system; that he would be put to
known for a long time as "JTV." We also took into consideration V illarosa's a great and undue disadvantage as he became no. 5, while respondent was
statement in her affidavit admitting that she was generally and popularly in no. 4 in the list of candidates for Governor of Camarines Sur. aEHASI

known in every barangay in Occidental Mindoro as "GIRLIE" before and after We are not persuaded.
she filed her COC; and even her counsel asserted during the oral argument
Considering that respondent's name is VILLAFUERTE, LRAY JR.-
that her other nickname before she filed her COC was "Mrs. JTV" and not
MIGZ, his name would indeed be ahead of petitioner's name,
"JTV." We also found that since the name "GIRLIE" written on the space for
VILLAFUERTE, LUIS , in the official ballot which contains the alphabetical
representative was in fact claimed by petitioner Villarosa and credited in her
listing of the candidates for the gubernatorial position of the Province of
favor, then the "JTV" votes under the idem sonans rule cannot be counted for
Camarines Sur. However, petitioner's claim that such listing would lead to
Villarosa, because only one nickname or stagename is allowed; and that Rule
confusion as to put him to undue disadvantage is merely speculative and
13 of Section 211 of the Omnibus Election Code, which allows the use of a
without basis as the voters can identify the candidate they want to vote for.
nickname and appellation of affection and friendship, provided that it is
accompanied by the first name or surname of the candidate, was not applied WHEREFORE, the petition is DENIED. The Resolution dated April 1,
since the "JTV" votes were unaccompanied by her first name or surname. 2013, of the Commission on Elections En Banc, is hereby AFFIRMED.
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