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  • Villafuerte v. COMELEC, Et. Al.

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    carol anne
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    This case involves a petition to cancel a certificate of candidacy for gubernatorial position. Petitioner alleged that respondent intentionally misrepresented his name as LRAY JR. MIGZ, omitting his first name Miguel. COMELEC denied the petition, ruling that matters of material misrepresentation only pertain to candidate qualifications, not their name. The Court affirmed, holding that in order to cancel a COC, the misrepresentation must be material. Here, respondent was known to voters as the son of the incumbent governor, popularly known as LRAY. Affidavits also established that LRAY JR. has been used to refer to respondent, so the name was not misleading to

    Original Description:

    G.R. No. 206698 [February 25, 2014]

    Original Title

    Villafuerte v. COMELEC, et. al.

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    This case involves a petition to cancel a certificate of candidacy for gubernatorial position. Petitioner alleged that respondent intentionally misrepresented his name as LRAY JR. MIGZ, omitting his first name Miguel. COMELEC denied the petition, ruling that matters of material misrepresentation only pertain to candidate qualifications, not their name. The Court affirmed, holding that in order to cancel a COC, the misrepresentation must be material. Here, respondent was known to voters as the son of the incumbent governor, popularly known as LRAY. Affidavits also established that LRAY JR. has been used to refer to respondent, so the name was not misleading to

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    © All Rights Reserved
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    48 views1 page

    Villafuerte v. COMELEC, Et. Al.

    Uploaded by

    carol anne
    This case involves a petition to cancel a certificate of candidacy for gubernatorial position. Petitioner alleged that respondent intentionally misrepresented his name as LRAY JR. MIGZ, omitting his first name Miguel. COMELEC denied the petition, ruling that matters of material misrepresentation only pertain to candidate qualifications, not their name. The Court affirmed, holding that in order to cancel a COC, the misrepresentation must be material. Here, respondent was known to voters as the son of the incumbent governor, popularly known as LRAY. Affidavits also established that LRAY JR. has been used to refer to respondent, so the name was not misleading to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 1

    Villafuerte v. COMELEC, et. al.

    G.R. No. 206698 [February 25, 2014]

    FACTS:
     
    Petitioner and respondent were both candidates for the Gubernatorial position of the province of
    Camarines Sur in the May 2013 local elections. Petitioner file a with the COMELEC a verified Petition to
    deny due course or cancel the certificate of candidacy of respondent alleging that the latter intentionally
    misrepresented a false and deceptive name/ nickname that would mislead the voters when he declared
    under oath in his COC that LRAY JR. MIGZ was his nickname or stage name and that the name he
    intended to appear on the official ballot was VILLAFUERTE, LRAY JR.MIGZ NP; that respondent
    deliberately omitted his first name MIGUEL and inserted, instead LRAY JR., which is the nickname of
    his father, the incumbent Governor of Camarines Sur, LRay Villafuerte, Jr.
     
    COMELEC's First Division and COMELEC en banc ruled that there is no reason to cancel the COC of
    respondent as matters of material misrepresentation in the COC pertains only to qualifications of a
    candidate and nothing is mentioned about a candidates name.
     
    ISSUE: 
     
    Whether or not respondents COC should be cancelled
     
    RULING: 
     
    No. The decision of COMELEC en banc was affirmed.
     
    The Court held that, in order to justify the cancellation of the certificate of candidacy under Section 78, it
    is essential that the false representation mentioned therein pertains to a material matter for the sanction
    imposed by this provision would affect the substantive rights of a candidate the right to run for the
    elective post for which he filed the certificate of candidacy.
     
    In the case, respondent is known to the voters of the Province of Camarines Sur as the son of the then
    incumbent Governor of the province, popularly known as LRAY. Their relationship is shown by the
    posters, streamers and billboards displayed in the province with the faces of both the father and son on
    them. Thus, the voters of the Province of Camarines Sur know who respondent is. Moreover, it was
    established by the affidavits of respondents witnesses that as the father and son have striking similarities,
    such as their looks and mannerisms, which remained unrebutted, the appellation of LRAY JR. has been
    used to refer to respondent. Hence, the appellation LRAY JR., accompanied by the name MIGZ16 written
    as respondents nickname in his COC, is not at all misleading to the voters, as in fact, such name
    distinguishes respondent from his father, the then incumbent Governor LRAY, who was running for a
    Congressional seat in the 2nd District of Camarines Sur.

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