Dumpit-Michelena vs Boado This is a petition assailing COMELEC resolution disqualifying Dumpit in the May 2004 election.

Facts: Dumpit-Michelena was a candidate for the position of mayor in the municipality of Agoo, La Union during the May 10, 2004 Synchronized National and Local Elections. Boado sought Dumpit-Michelenas disqualification and the denial or cancellation of her COC on the ground of material misrepresentation under Sections 74 and 78of Batas Pambansa Blg. 881. Boado, et al. alleged that Dumpit-Michelena, the daughter of Congressman Tomas Dumpit, Sr. of the Second District of La Union, is not a resident of Agoo, La Union. Boado, et al. claimed that Dumpit-Michelena is a resident and was a registered voter of Naguilian, La Union and that Dumpit-Michelena only transferred her registration as voter to San Julian West, Agoo, La Union on October 24, 2003. Dumpit-Michelena countered that she already acquired a new domicile in San Julian West when she purchased from her father, Congressman Dumpit, a residential lot on April 19, 2003. She even designated a caretaker of her residential house. Dumpit-Michelena presented the affidavits and certifications of her neighbors in San Julian West to prove that she actually resides in the area. COMELEC rules in favor of Boado et al. The COMELEC En Banc denied in its ruling the motion for reconsideration filed by Dumpit-Michelena. Issues: WON Dumpit-Michelena satisfied the residency requirement under the Local Government Code of 1991. Held: Dumpit-Michelena failed to prove that she has complied with the residency requirement. The concept of residence in determining a candidates qualification is already a settled matter. For election purposes, residence is used synonymously with domicile. Trinidad vs Commission on Elections and Sunga G.R. No. 135716 September 23, 1999 This is a petition for certiorari questioning the Resolution of the Commission on Elections disqualifying petitioner as a mayoralty candidate in the May 1995 elections. Likewise, it seeks the review of a subsequent resolution annulling petitioners proclamation as elected mayor in the May 1998 elections. Facts: Petitioner Trinidad won the May 1995 elections. Private respondent Sunga filed a disqualification case against petitioner and asking the COMELEC to proclaim him as the duly elected mayor. COMELEC promulgated it decision on June 22, 1998, disqualifying Trinidad. Petitioner filed a Motion For Reconsideration claiming that he was deprived of due process. Petitioner was again proclaimed winner in the May 1998 elections. On October 13, 1998 COMELEC denied petitioners MR as well as annulling his proclamation as elected mayor. Thus this petition for certiorari. Issues: 1. WON petitioner was deprived of due process in the proceedings before the COMELEC insofar as his disqualification under the May 8, 1995 and May 8, 1998 elections were concerned. 2. WON petitioners proclamation as Mayor under the May 11, 1998 elections may be cancelled on account of the disqualification case filed against him during the May 8, 1995 elections.

3. WON private respondent, as the candidate receiving the second highest number of votes, may be proclaimed as Mayor in the event of petitioners disqualification.

HELD 1. NO. Petitioner was able to file an Answer with Counter Petition and Motion to Dismiss. He was also able to submit his counter-affidavit and sworn statements of forty-eight witnesses. He was also given a chance to explain in his Motion for Reconsideration. He was afforded an opportunity to be heard, through his pleadings, therefore, there is no denial of procedural due process. 2. NO. Petitioner cannot be disqualified from his reelection term of office. Removal cannot extend beyond the term during which the alleged misconduct was committed. If a public official is not removed before his term of office expires, he can no longer be removed if he is thereafter reelected for another term. 3. NO. As earlier decided by the Supreme Court, the candidate who obtains the second highest number of votes may not be proclaimed winner in case the winning candidate is disqualified. That would be disenfranchising the electorate without any fault on their part and to undermine the importance and meaning of democracy and the peoples right to elect officials of their choice. Salcedo II vs Commission on Elections Aug. 16, 1999 This is a petition for certiorari seeking to reverse the earlier Resolution issued by its Second Division on August 12, 1998. Facts: Salcedo married Celiz, marriage contract issued by the Municipal Civil Registrar of Ajuy, Iloilo. Without his first marriage having been dissolved, Salcedo married private respondent Cacao in a civil ceremony. Two days later, Ermelita Cacao contracted another marriage with a certain Jesus Aguirre, marriage certificate filed with the Office of the Civil Registrar. Petitioner Victorino Salcedo II and private respondent Cacao Salcedo both ran for the position of mayor of the municipality of Sara, Iloilo in the May 11, 1998 elections, both of them having filed their respective certificates of candidacy. However, petitioner filed with the Comelec a petition seeking the cancellation of private respondents certificate of candidacy on the ground that she had made a false representation therein by stating that her surname was Salcedo. Petitioner contended that private respondent had no right to use said surname because she was not legally married to Neptali Salcedo. Private respondent was proclaimed as the duly elected mayor of Sara, Iloilo. In her answer, private respondent claimed that she had no information or knowledge at the time she married Neptali Salcedo that he was in fact already married; that, upon learning of his existing marriage, she encouraged her husband to take steps to annul his marriage with Agnes Celiz because the latter had abandoned their marital home. Neptali Salcedo filed a petition for declaration of presumptive death which was granted by the court that Neptali Salcedo and Jesus Aguirre are one and the same person; and that since 1986 up to the present she has been using the surname Salcedo in all her personal, commercial and public transactions. Comelecs Second Division ruled that since there is an existing valid marriage between Neptali Salcedo and Agnes Celiz, the subsequent marriage of the former with private respondent is null and void. Consequently, the use by private respondent of the surname Salcedo constitutes material misrepresentation and is a ground for the cancellation of her certificate of candidacy.

However, the Comelec en banc resolution, overturned its previous resolution, ruling that private respondents certificate of candidacy did not contain any material misrepresentation. A Motion for Reconsideration filed by the petitioner was affirmed by the division which gives rise to the petition to review such promulgation. Issue: Whether or not the use by respondent of the surname Salcedo in her certificate of candidacy constitutes material misrepresentation under Section 78 in relation to Section 74 of the Omnibus Election Code. Held: Private respondent did not commit any material misrepresentation by the use of the surname Salcedo in her certificate of candidacy. A false representation under section 78 must consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible. It must be made with an intention to deceive the electorate as to ones qualifications for public office. The use of a surname, when not intended to mislead or deceive the public as to ones identity, is not within the scope of the provision. There is absolutely no showing that the inhabitants of Sara, Iloilo were deceived by the use of such surname by private respondent. Petitioner does not allege that the electorate did not know who they were voting for when they cast their ballots in favor of Ermelita Cacao Salcedo or that they were fooled into voting for someone else by the use of such name. The Court AFFIRMS the en banc Resolution of the Commission on Elections denying the petition to cancel private respondents certificate of candidacy. CAYAT V. COMELEC G.R. No. 163776 April 24, 2007 FACTS: Fr.Nardo Cayat and Thomas Palileng are the only mayoralty candidates for the May 2004 elections in Buguias Benguet. Palileng filed a petition for cancellation of the COC of Cayat on the ground of misrepresentation. Palileng argues that Cayat misrepresents himself when he declared in his COC that he is eligible to run as mayor when in fact he is not because he is serving probation after being convicted for the offense of acts of lasciviousness. Comelec, granted the petition of Palileng and Cayat filed a motion for reconsideration. Such, MR was denied because Cayat failed to pay the filing fee and hence, it was declared final and executory. Despite this decision, Cayat was still proclaimed as the winner and Palileng filed a petition for annulment of proclamation. Comelec declared Palileng as the duly elected mayor and Feliseo Bayacsan as the duly elected vice mayor. Bayacsan argues that he should be declared as mayor because of the doctrine of rejection of second placer. ISSUE: WON the rejection of second placer doctrine is applicable. HELD: The doctrine cannot be applied in this case because the disqualification of Cayat became final and executory before the elections and hence, there is only one candidate to speak of. The law expressly declares that a candidate disqualified by final judgment before an election cannot be voted for, and votes cast for him shall not be counted. As such, Palileng is the only candidate and the duly elected mayor.

The doctrine will apply in Bayacsans favor, regardless of his intervention in the present case, if two conditions concur: (1) the decision on Cayats disqualification remained pending on election day, 10 May 2004, resulting in the presence of two mayoralty candidates for Buguias, Benguet in the elections; and (2) the decision on Cayats disqualification became final only after the elections.