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Amora vs COMELEC: COC Disqualification Case

Sergio Amora filed his certificate of candidacy for mayor and presented his community tax certificate as identification to the notary public, who personally knew Amora. Arnielo Olandria filed a petition to disqualify Amora, arguing that presenting the community tax certificate instead of other identification did not properly swear the certificate of candidacy. The COMELEC initially granted the petition. However, the Supreme Court ruled that an improperly sworn certificate of candidacy is not itself a ground for disqualification. Presenting identification is not required if the notary public personally knows the affiant. The ruling upheld Amora's election victory and did not invalidate the certificate of candidacy.

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1K views1 page

Amora vs COMELEC: COC Disqualification Case

Sergio Amora filed his certificate of candidacy for mayor and presented his community tax certificate as identification to the notary public, who personally knew Amora. Arnielo Olandria filed a petition to disqualify Amora, arguing that presenting the community tax certificate instead of other identification did not properly swear the certificate of candidacy. The COMELEC initially granted the petition. However, the Supreme Court ruled that an improperly sworn certificate of candidacy is not itself a ground for disqualification. Presenting identification is not required if the notary public personally knows the affiant. The ruling upheld Amora's election victory and did not invalidate the certificate of candidacy.

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MV Fads
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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AMORA vs COMELEC G.R. No. 192280 FACTS: On December 1, 2009, petitioner Sergio G. Amora, Jr.

filed his Certificate of Candidacy for Mayor of Candijay, Bohol. To oppose Amora, the Nationalist Peoples Coalition fielded Trygve L. Olaivar for the mayoralty post. Respondent Arnielo S. Olandria was one of the candidates for councilor of the NPC in the same municipality. On March 5, 2010, Olandria filed before the COMELEC a Petition for Disqualification against Amora. Olandria alleged that Amoras COC was not properly sworn contrary to the requirements of the Omnibus Election Code (OEC) and the 2004 Rules on Notarial Practice. Olandria pointed out that, in executing his COC, Amora merely presented his Community Tax Certificate (CTC) to the notary public, Atty. Oriculo Granada (Atty. Granada), instead of presenting competent evidence of his identity. Consequently, Amoras COC had no force and effect and should be considered as not filed. Atty. Granada counters that while he normally requires the affiant to show competent evidence of identity, in Amoras case, however, he accepted Amoras CTC since he personally knows him. Amora was victorious in the local elections. A week later, COMELEC en banc granted Olandr ias petition. Thus, this case. ISSUE: Whether or not petitioner should be disqualified by presenting his community tax certificate as competent evidence of identity in executing his COC. HELD: No. An improperly sworn COC is not equivalent to possession of a ground for disqualification. Neither OEC and LGC provides for such nor can the courts infer this as an additional ground for disqualification. Laws prescribing qualifications for and disqualifications from office are liberally construed in favor of eligibility. Competent evidence of identity is not required in cases where the affiant is personally known to the Notary Public, which is the case herein. The purpose of election laws is to give effect to, rather than frustrate, the will of the voters.

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