DIMOLDIMOL

DIMOL

AC ND

IDA

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C A N D I D A T E

JUANITO C. PILAR VS. COMMISSION ON ELECTIONS

G.R. NO. 115245 (JULY 11, 1995)

Dimol, Mae Theresa ClareOpina, Kenneth JD-1|EH308|5:30-6:30|THURSDAY

FACTS OF THE CASE

March 22, 1992

WITHDRAWN Pilar, J. Pilar, J.

March 25, 1992

M. R. Nos. 93-2654 and 94-0065

M. R. Nos. 94-0594

P 10, 000.00

ISSUE

• Is he liable to pay despite withdrawing candidacy three days after it was filed?

RULING

“every candidate”

• Sec. 14 of R.A. No. 7166 “every candidate” has the obligation to

file his statement of contributions and expenditures

• Sec. 13 of COMELEC Resolution No. 2348 “all candidates who filed their certificates

of candidacy”

Ubi lex non distinguit nec nos distinguere debemos

• “Where the law does not distinguish, courts should not distinguish” (Philippine British Assurance Co. Inc. v. Intermediate Appellate Court, 150 SCRA 520 [1987])

• “No distinction is to be made in the application of a law where

none is indicated” (Lo Cham v. Ocampo, 77 Phil. 636 [1946])

“shall”• Sec. 14 of R.A. No. 7166• General Rule:

“implies that the statute is MANDATORY, and IMPOSES a DUTY which may be enforced, particularly if public policy is in favor of this meaning or where public interest is

involved” (Baranda v. Gustilo) (Diokno v. Rehabilation Finance Corp.)

Legislation regulating contributions and expenditures of candidates

• Electoral process is clean, and ultimately expressive of the true will of the electorate

DISMISSED