Rep. Ma. Catalina Loreto – Go v. COMELECGR No. 147741 , May 10, 2001

Pardo, J.

Facts:- Petitioner Loreto-Go filed Certificates of Candidacy for Mayor of Baybay,

Leyte and for Governor of the province of Leyte.

- She filed an affidavit of withdrawal for the position of Mayor with the provincial election officer, which the latter refused to receive stating that she should file the same with the municipal election officer of Baybay, hence, she filed the same with the proper office by fax.

- However, she filed the withdrawal 28 minutes after the deadline.

- Respondents Felipe Montejo and Arvin Antoni filed separate petitions to deny due course and/or to cancel the certificates of candidacy of petitioner.

- The case was referred to the Law Department of COMELEC which gave due course to respondents’ petitions without affording petitioner an opportunity to be heard or to submit responsive pleadings.

- Based on the report of the COMELEC’s Law Department, the COMELEC en banc disqualified petitioner to run for both positions; hence, this petition.

Issues:

1. WON petitioner is disqualified to be a candidate for governor.2. Was there a valid withdrawal of the certificate of candidacy for mayor

of Baybay, Leyte?3. Was there denial to petitioner of procedural due process of Law?

Held: 1. No. Petitioner’s withdrawal of her certificate of candidacy for mayor of

Baybay, Leyte was effective for all legal purposes, and left in full force her certificate of candidacy for governor.

2. Yes. Section 73, BP Blg. 881, does not mandate that the affidavit of withdrawal must be filed with the same office where the certificate of candidacy to be withdrawn was filed. While it may be true that Sec. 12 of the COMELEC Resolution No. 3253-A requires that the withdrawal be filed before the election officer where the certificate of candidacy was filed, such requirement is merely directory, and is intended for the convenience. Hence, the filing of petitioner’s affidavit of withdrawal of

candidacy for mayor of Baybay with the provincial election supervisor of Leyte sufficed to effectively withdraw such candidacy.

3. Yes. Sec. 3, Rule 23 of COMELEC Rules of procedure provides that a petition to deny due course to or cancel certificates of candidacy shall be heard summarily after due notice. In the case, the COMELEC Law department conducted an ex-parte study of the cases without giving petitioner an opportunity to be heard, or requiring her to submit a comment or opposition to the petitionsm or setting the case for hearing. Hence, the COMELEC en banc deprived the petitioner of due process of law in approving the report and recommendation of the Law Department.