4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 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

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