Can a Certificate of Candidacy Be Cancelled After Election Day? Residency Rules for Local Elections

The Supreme Court, in Hayudini v. Commission on Elections (G.R. No. 207900, April 22, 2014), settled an important question in Philippine election law: can a certificate of candidacy (CoC) be cancelled after election day, and what happens to the votes cast for the disqualified candidate? The case involved a mayoral candidate in Tawi-Tawi who won the election but was later found to have made a false declaration of residency in his CoC.

The Facts of the Case

Gamal S. Hayudini filed his certificate of candidacy for Municipal Mayor of South Ubian, Tawi-Tawi on October 5, 2012, declaring that he was a resident of Barangay Bintawlan in that municipality. A rival candidate, Mustapha J. Omar, filed a petition to cancel Hayudini's CoC, claiming Hayudini actually resided in Zamboanga City.

The COMELEC's First Division initially dismissed the petition for lack of substantial evidence. However, a separate proceeding before the Regional Trial Court (RTC) resulted in the deletion of Hayudini's name from the permanent list of voters in Barangay Bintawlan. This RTC decision became final and executory.

Armed with this supervening development, Omar filed a second petition to cancel Hayudini's CoC. Despite the fact that the petition was filed well beyond the prescribed period, the COMELEC gave it due course. Hayudini won the mayoralty race on May 13, 2013, and was proclaimed and sworn into office. Nevertheless, the COMELEC cancelled his CoC and proclaimed the rival candidate, Salma Omar, as the duly-elected mayor.

The Issue

The central question was whether the COMELEC committed grave abuse of discretion in cancelling Hayudini's CoC after the election, despite the procedural lapse in filing the petition.

The Ruling

The Supreme Court dismissed Hayudini's petition and affirmed the COMELEC's resolutions. The Court held that the COMELEC acted within its discretion in liberally construing its procedural rules, noting that election cases are imbued with public interest and should not be defeated by mere technical objections.

The Court found that the RTC's final decision deleting Hayudini from the voters' list constituted a valid supervening event. Since Hayudini was not a registered voter in the municipality where he sought election, his declaration in his CoC that he was eligible for the office sought was a false material representation under Section 78 of the Omnibus Election Code.

Key Legal Principles

False material representation. Under the Omnibus Election Code, a candidate's CoC must state that he is eligible for the office sought. A candidate who is not a registered voter in the locality where he intends to be elected—but declares otherwise—makes a false material representation. This is a ground for cancellation of the CoC under Section 78.

Residency is a qualification, not a ground for disqualification. The Court clarified that lack of residency is not a ground for disqualification under Section 68 of the Omnibus Election Code, which covers prohibited acts and permanent resident status in a foreign country. Instead, it is a qualification issue addressed through a Section 78 petition.

Cancellation after election is allowed. The COMELEC's jurisdiction to cancel a CoC continues even after the election and proclamation of the winner. The only exception applies to congressional and senatorial candidates, where jurisdiction transfers to the respective Electoral Tribunals once the candidate has been proclaimed, taken oath, and assumed office.

Votes for an ineligible candidate are stray. Citing Aratea v. COMELEC, the Court held that a cancelled CoC is void from the beginning—meaning the candidate was never a candidate from the start. The votes cast for such a candidate are considered stray votes, and the qualified candidate with the highest number of votes may be proclaimed.

Practical Takeaways

• A candidate who makes a false declaration of residency in a certificate of candidacy risks having the CoC cancelled, even after winning the election.
• Being a registered voter in the locality where one seeks election is a legal requirement that must be truthfully reflected in the CoC.
• The COMELEC may liberally interpret its procedural rules in election cases, especially where a supervening event—such as a final court decision—affects a candidate's qualifications.
• A cancelled CoC is void from the beginning; the candidate cannot validly serve, and the votes cast for him or her are not counted.
• For local elective positions, the COMELEC retains jurisdiction over CoC cancellation cases even after the winner has been proclaimed and has taken office.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.