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200083-2016-Poe-Llamanzares v. Commission On Elections PDF
200083-2016-Poe-Llamanzares v. Commission On Elections PDF
CONCURRING OPINION
CAGUIOA , J.:
Corollary thereto, it must be noted that the deliberateness of the misrepresentation, much less
one's intent to defraud, is of bare signi cance in a Section 78 petition as it is enough
that the person's declaration of a material quali cation in the CoC be false. In this
relation, jurisprudence holds that an express nding that the person committed any
deliberate misrepresentation is of little consequence in the determination of whether
one's CoC should be deemed cancelled or not. What remains material is that the
petition essentially seeks to deny due course to and/or cancel the CoC on the basis
of one's ineligibility and that the same be granted without any qualification.
However, cases on cancellation of certi cate of candidacy under Section 78 (which were
promulgated after Tagolino) retained the element of intent: Villafuerte v. COMELEC,
supra note 2 and Hayudini v. COMELEC, G.R. No. 207900, April 22, 2014, 723 SCRA
223.
9. RULES OF COURT, Rule 131, Sec. 1.
10. Bautista v. Sarmiento, 223 Phil. 181, 186 (1985); See also De Leon v. Bank of the
Philippine Islands, G.R. No. 184565, November 20, 2013, 710 SCRA 443; Vitarich
Corporation v. Losin, 649 Phil. 164 (2010).
11. Bautista v. Sarmiento, id. at 185.
12. Reyes v. COMELEC, G.R. No. 207264, June 25, 2013, 699 SCRA 522 the same discussion
repeated in the Resolution dated October 22, 2013; Tecson v. COMELEC, 468 Phil.
421 (2004).
13. Supra note 5.
14. In the Consolidated Petitions docketed as SPA No. 15-002 (DC), SPA No. 15-007 (DC), and
SPA No. 15-139 (DC).
15. The amount of evidence presented by the petitioner suf ciently distinguishes her case
from the cases of Coquilla v. COMELEC, 434 Phil. 861 (2002), Caballero v. COMELEC,
supra note 2 and Reyes v. COMELEC, supra note 12, wherein this Court was
constrained to either closely link or reckon the period of residence to the reacquisition
of citizenship for sheer dearth of evidence.
16. Supra note 12, at 488; citations omitted.
17. Lecaroz v. Sandiganbayan, 364 Phil. 890 (1999); Kasilag v. Rodriguez, G.R. No. 46623, 69
Phil. 217 (1939).
18. Id. at 230-231, citing Manresa, Commentaries on the Spanish Civil Code, Volume IV, pp.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
100, 101 and 102.
19. GSIS v. Sps. Labung-Deang, 417 Phil. 662 (2001); Bermudez v. Gonzales, 401 Phil. 38, 47
(2000).
20. RULES OF COURT, Rule 131, Sec. 3, pars. (a) and (ff).