Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila
IN RE: PETITION FOR CORRECTION
OF NAME TO APPEAR ON THE
OFFICIAL BALLOT
_______________
SHARON DELEON-MACABEBE
Petitioner,
x----------------------------------x
PETITION
Petitioner, SHARON DE LEON-MACABEBE, and to this
Honorable Commission, most respectfully states that:
1. On 15 October 2018, Petitioner filed her candidacy for
municipal councilor of the Municipality of Taytay, Rizal for the 2019
National and Local Elections scheduled on 13 May 2019. national and
local polls.
2. In her Certificate of Candidacy dated 15 October,
Petitioner clearly indicated that she will use her maiden name
hyphenated by her married name as the name to appear on the
official ballot for the 2019 Elections or “De Leon-Macabebe, Sharon”.
3. Petitioner waited for the release of the tentative list of
candidates for the 2019 Elections to be posted at the Commission on
Elections (“COMELEC”) Office in Taytay, Rizal. . However, no list
was posted. Upon inquiry, on 26 November 2018 the tentative list
was actually posted on the website of this Honorable Office.
4. Petitioner was also made aware that the surname to
appear on the ballot was only her married name or the name
“Macabebe, Sharon” instead of her actual surname that she has been
using and is using for the past so many years, which is “De Leon-
Macabebe, Sharon.”
5. Article 370 of the Civil Code,states:
Article 370 of the Civil Code actually details your options
if you want to add your husband's name to yours:
A married woman may use:
(1) Her maiden first name and surname and add her
husband's surname, or
(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs." (Emphasis
supplied)
6. Under Comelec Resolution No. 10420 as amended by
Comelec Resolution No. 10441, This Honorable Office moved the last
day to request for a correction on the name appearing on the ballot
from 9 November to 23 November 2018. However, the said Comelec
Resolution provides that:
"Section 22. Posting of the Tentative List of
Candidates for Purposes of the Name to Appear on
the Official Ballot. - The tentative List of Candidates
will be posted starting on November 19, 2018 at the
COMELEC website at www.comelec.gov.ph and at
the offices where the COCs were filed for
purposes of checking the name to appear on the
official ballot. Aspirants are encouraged to check
their names to appear on the official ballots.
(Emphasis and underscoring supplied)
7. The tentative list of candidates was not posted at the
Comelec Office in Taytay to give the Petitioner the chance to check
the list and rectify any errors found therein. To be clear, Section 22 of
Resolution 10420 as amended, mandates that the tentative list should
be posted at the Comelec website and at the office where the COCs
were filed, in this the Comelec Office in the Municipality of Taytay,
Rizal.
8. Likewise, the deadline for substitution is on 29 November
2018. Thus, no prejudice would be caused to any candidates or
parties involved should the instant petition be granted. Given the
unusual and unique circumstances that are on hand, it is most
respectfully prayed that the instant petition be granted.
PRAYER
WHEREFORE, pursuant to law, and in view of the fact it is
respectfully prayed that,, this Honorable Office change the
Petitioner’s name to appear on the ballot for the 2019 Election from
“MACABEBE, SHARON” to “DE LEON-MACABEBE, SHARON”.
Taytay, Rizal for Manila. 27 November 2018.
SHARON DE LEON- MACABEBE
Petitioner
69 Salazar St., Brgy. Dolores, Taytay, Rizal.
VERIFICATION
I, SHARON DELEON-MACABEBE, of legal age, after having
duly sworn to in accordance with law, hereby depose and state –
1. I am the petitioner in the above-captioned case;
2. I have caused the preparation of the foregoing petition;
3. I have read and understood the contents of this Petition and
attest, of my own personal knowledge, and based on authentic
documents in my possession, that all the allegations therein are
true and correct.
_____________________
Affiant
SUBSCRIBED AND SWORN to before me this ___________________
at Taytay, Rizal; affiant exhibiting to me her ______________________
issued at ___________ on ________________.
Doc. No. ___;
Page No. ___; Notary
Public
Book No. ___;
Series of 2018.
NOTICE OF HEARING
To: _________________
_________________
Greetings! Please be notified that on _________ at
_________a.m., or as soon thereafter as counsel may be heard, the
undersigned will ask the Regional Trial Court of _________ to
consider and approve the foregoing petition.
PETER H.
SANTIAGO
