The Supreme Court ruled that a candidate who initially files a Certificate of Candidacy (COC) but is later found to be ineligible due to age can still be validly substituted by another candidate from the same political party. This decision emphasizes the Commission on Elections’ (Comelec) ministerial duty to accept COCs and underscores the importance of due process in election proceedings, ensuring that qualified individuals are not unduly prevented from participating in elections.

Can an Underage Candidate be Validly Substituted? The Cerafica Case

The case of Olivia Da Silva Cerafica v. Commission on Elections arose from the 2013 local elections in Taguig City. Kimberly Da Silva Cerafica filed a COC for Councilor but was under the required age. She later withdrew her COC, and Olivia Da Silva Cerafica sought to substitute her. The Comelec denied the substitution, arguing Kimberly’s initial COC was invalid due to her ineligibility. This denial prompted Olivia to file a petition for certiorari, questioning the Comelec’s decision and asserting her right to substitute Kimberly. The Supreme Court ultimately addressed the substantive issues despite the case being moot, to guide future Comelec actions.

The Supreme Court emphasized that the Comelec has a ministerial duty to receive and acknowledge COCs, subject to specific exceptions. The Court cited Cipriano v. Comelec, stating that the Comelec’s duty to give due course to COCs filed in due form is ministerial. While the Comelec can examine COCs for patent defects, it cannot delve into matters not evident on the COC’s face. Eligibility questions are beyond the Comelec’s usual purview.

Sec. 77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified.

According to Section 77 of the Omnibus Election Code, a candidate can be substituted if they die, withdraw, or are disqualified after the last day for filing COCs. The substitute must belong to the same political party. In this case, Kimberly was an official nominee of the Liberal Party, making her eligible for substitution, provided Olivia met the requirements, which she did. Olivia belonged to the same party, Kimberly had withdrawn her COC, and Olivia filed her COC within the prescribed period.

The Supreme Court found that the Comelec acted with grave abuse of discretion. This echoes the ruling in Luna v. Comelec, where an underage candidate’s withdrawal and subsequent substitution were deemed valid. The Court highlighted that eligibility can only be challenged through a verified petition, not through the Comelec’s own initiative without due process.

The COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction in declaring that Hans Roger, being under age, could not be considered to have filed a valid certificate of candidacy and, thus, could not be validly substituted by Luna. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form.

The Court also addressed the lack of due process in the Comelec’s handling of the case. The Comelec En Banc canceled Kimberly’s COC based on a Law Department recommendation without a prior division hearing. The Supreme Court, citing Bautista v. Comelec, emphasized that cancellation proceedings require a quasi-judicial process, necessitating a hearing by a Comelec Division before action by the En Banc. This ensures candidates can present evidence and defend their eligibility.

FAQs

What was the key issue in this case?	The key issue was whether the Comelec acted with grave abuse of discretion in cancelling Kimberly Cerafica’s COC and denying Olivia Cerafica’s substitution due to Kimberly’s initial ineligibility based on age.
Can the Comelec cancel a COC motu proprio?	The Comelec can examine COCs for patent defects but cannot, without due process, delve into matters not evident on the COC’s face. Eligibility questions generally require a verified petition.
What is the ministerial duty of the Comelec regarding COCs?	The Comelec has a ministerial duty to receive and acknowledge COCs filed in due form, subject to its authority over nuisance candidates and its power to deny due course to COCs under specific provisions.
What are the requirements for valid substitution of a candidate?	The original candidate must die, withdraw, or be disqualified after the last day for filing COCs. The substitute must belong to the same political party and file their COC within the prescribed period.
What is the significance of Section 77 of the Omnibus Election Code?	Section 77 provides the legal framework for candidate substitution, specifying the conditions under which a substitute candidate can replace an original candidate.
What was the basis for the Supreme Court’s decision in Luna v. Comelec?	The Supreme Court in Luna v. Comelec held that an underage candidate’s withdrawal and subsequent substitution were valid, emphasizing that eligibility challenges require a verified petition.
Why did the Supreme Court emphasize due process in this case?	The Supreme Court emphasized due process because cancellation proceedings involve the exercise of quasi-judicial functions, requiring a hearing and an opportunity for the candidate to present evidence.
What is the role of the Comelec En Banc in cancellation proceedings?	The Comelec En Banc can only act on a cancellation case after a division has conducted a hearing and made a decision, ensuring that candidates are afforded due process.

In conclusion, the Supreme Court’s decision in Cerafica v. Comelec reaffirms the importance of adhering to statutory procedures and respecting due process in election-related matters. While the case was ultimately dismissed as moot, the Court’s pronouncements serve as a crucial reminder to the Comelec to exercise its powers judiciously, balancing the need to ensure candidate eligibility with the fundamental right to participate in the electoral process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Olivia Da Silva Cerafica v. COMELEC, G.R. No. 205136, December 02, 2014