GR No. L-2302 October 25, 1948 ISAIAH YCAIN, appellant-appellant, vs. PABLO CANEJA, contested-appellee.

Facts: BrigidoCaneja and Isaiah Ycain filed their certificate of candidacy for the office of Mayor of the municipality of Naval, Leyte, within the period prescribed by law. Brigido Caneja request your registration as a voter and the Board of Inspectors denied because they had not had six months of residence. Paul Caneja presented on November 4 certificate of candidacy for the office of mayor, but the City Clerk refused it because it was submitted after the time fixed by law. On November 7, 1947, Brigido Caneja sent a communication to the City Clerk giving account that had been sent to all Boards Scrutiny of all election precincts of the municipality a notice that he had withdrawn his candidacy. On December 27, 1947, the Municipal Canvassing Board elected mayor proclaimed Paul Caneja, with a majority of four votes over his opponent Ycain Isaias, and January 3 next year, this presented his protest was dismissed after the corresponding view. Issue: WON Paul Caneja certification of election is in accordance with the provision of the law. Held: Yes, Article 38 of the Electoral Code Revised provides: "If, after the deadline for the filing of certificates of candidacy, dies or subject disqualified a candidate with certificate of candidacy duly filed, any person legally entitled may file a certificate of candidacy for office to which the candidate was deceased or disabled according to the latest articles on or before noon on election day. " The certificate of candidacy thus Caneja Paul has performed in accordance with this provision of the law. We conclude that Paul is not ineligible Caneja: should hold the position that the will of the electorate of Naval been given. Prevent this citizen certificate of candidacy after expiry of the deadline set by law and registered after the candidate has withdrawn his certificate, is put in the hands of this guy - his artitrio and caprice - the popular vote. Since no one can prevent him to withdraw his certificate of candidacy - with perverse or legitimate purposes - is only right in a democracy allow another arises in its place, so that voters have a chance to express through their ballots free will. Prevent someone from filing his candidacy in such cases is to sanction the election of the only remaining candidate with one vote, yours. That is absurd under a regime in which public opinion should be duly addressed.