Innocuous mistake

In case there is material misrepresentation in the certificate of candidacy of an aspirant for an elective position, the Comelec is authorized to deny due course or to cancel such certification upon the filing of a petition by any person pursuant to the provision of Section 78 in relation to Section 74 of the Omnibus Election Code. In this case of Tina, the court explains the meaning of "material misrepresentation".

Tina was one of the two candidates for the mayor of a municipality in the Visayas. The other was Art. Since 1986, after marriage to Mateo Reyes, a popular three term mayor of the same town with whom she has been living, Tina started using the surname Reyes in her rice and corn milling business and in the income tax returns filed by herself and Mateo Reyes. And when she filed her certificate of candidacy in the 1998 elections, she stated in the certificate that her surname was "Reyes".

Twenty days before the election, Art filed with the Comelec a petition seeking cancellation of Tina’s Certificate of Candidacy, on the ground that she made a false representation therein by stating that her surname was Reyes in order to improve her chances of winning by riding on the popularity of Mateo. Apparently, Art had made a research on the background of Tina and Mateo. It appeared that when Tina married Mateo in 1986, Mateo was still married to another woman with whom he contracted marriage way back in 1968 but who since 1972 had not been heard from. What was worse per Art’s findings was that two days after contracting marriage with Mateo, Tina contracted another marriage with a certain Jaime Cruz as shown by another marriage certificate filed with the Office of the Civil Registrar. Art, thus contended that Tina had no right to use said surname since she was not legally married to Mateo.

In her answer, Tina claimed that she didn’t know Mateo was already married when she married him and that upon learning of such existing marriage, she encouraged Mateo to take steps to annul said marriage. In fact, according to Tina, the court had already declared the presumptive death of Mateo’s first wife. She further declared that Mateo Reyes and Jaime Cruz are one and the same person; and that since 1986 she had been using the surname Reyes in all the personal, commercial and public transactions. So Tina contended that the use of such surname does not constitute a material misrepresentation under Section 78 of the Omnibus Election Code so as to justify the cancellation of her certificate of candidacy. Was Tina correct?

Yes. The main issue in this case is not whether or not Tina is entitled to use a specific surname in her certificate of candidacy but whether the use of such surname constitute a material misrepresentation under Section 78 of the Omnibus Election Code. And Tina’s use of such surname does not constitute misrepresentation. The material misrepresentation contemplated by Section 78 of the Code refers to qualifications for elective office. Considering that a candidate guilty of having a false misrepresentation in his certificate of candidacy is prevented from running, or if elected, from serving, or is liable for violation of election law, it could not have been the intention of said law to deprive him of such basic and substantive political right upon just any innocuous mistake.

Tina had not made any misrepresentation as to the requisite, residency, age, citizenship or any other legal qualification necessary to run for a local elective office as provided for in the Local Government Code.

Furthermore, aside from the requirement of materiality, a false representation made under Section 78 must consist of a "deliberate attempt to mislead, misinform, or hide a fact" which would otherwise render a candidate ineligible. In other words it must be made with an intention to deceive the electorate as to one’s qualification for public office. The use of a surname, when not intended to mislead or deceive the public as to one’s identity is not within the scope of the provision.

The electorate knew who Tina was not only by name but also by face and may have even been personally acquainted with her because she has been residing in the town since at least 1986 as she has been living with Mateo and the latter had held her out to the public as his wife. And she had been using the surname Reyes in all personal, commercial and public transactions. These belie Art’s contention that Tina merely adopted the surname "Reyes" to improve her chances of winning.

Thus, Tina did not commit any material misrepresentation by the use of the surname "Reyes" in her certificate of candidacy (Salcedo II vs. Comelec, et. al. G.R. No. 135886 August 16, 1999).

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