4/29/2020
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expressed through the ballot cannot cure the defect in the qualifications of the
candidate. To rule otherwise is to trample upon and rent asunder the very law that sets
forth the qualifications and disqualifications of candidates. We might as well write off
our election laws if the voice of the electorate is the sole determinant of who should be
proclaimed worthy to occupy elective positions in our republic.
This has been, in fact, already laid down by the Court in Frivaldo v. COMELEC[50] when
we pronounced:
x x x. The fact that he was elected by the people of Sorsogon does
not excuse this patent violation of the salutary rule limiting public
office and employment only to the citizens of this country. The
qualifications prescribed for elective office cannot be erased by the
electorate alone. The will of the people as expressed through the
ballot cannot cure the vice of ineligibility, especially if they
mistakenly believed, as in this case, that the candidate was
qualified. Obviously, this rule requires strict application when the deficiency
is lack of citizenship. If a person seeks to serve in the Republic of the
Philippines, he must owe his total loyalty to this country only, abjuring and
renouncing all fealty and fidelity to any other state.[51] (Emphasis supplied)
This issue has also been jurisprudentially clarified in Velasco v. COMELEC[52] where the
Court ruled that the ruling in Quizon and Saya-ang cannot be interpreted without
qualifications lest “Election victory x x x becomes a magic formula to bypass election
eligibility requirements.”[53]
[W]e have ruled in the past that a candidate’s victory in the election may be
considered a sufficient basis to rule in favor of the candidate sought to be
disqualified if the main issue involves defects in the candidate’s certificate of
candidacy. We said that while provisions relating to certificates of candidacy
are mandatory in terms, it is an established rule of interpretation as regards
election laws, that mandatory provisions requiring certain steps before
elections will be construed as directory after the elections, to give effect to
the will of the people. We so ruled in Quizon v. COMELEC and Saya-ang v.
COMELEC:
The present case perhaps presents the proper time and opportunity to finetune our above ruling. We say this with the realization that a blanket and
unqualified reading and application of this ruling can be fraught with
dangerous significance for the rule of law and the integrity of our elections.
For one, such blanket/unqualified reading may provide a way around the law
that effectively negates election requirements aimed at providing the
electorate with the basic information to make an informed choice about a
candidate’s eligibility and fitness for office.
The first requirement that may fall when an unqualified reading is made is
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
17/49