Villanueva v. COMELEC

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EN BANC

[G.R. No. L-54718. December 4, 1985.]

CRISOLOGO VILLANUEVA Y PARDES, Petitioner, v. COMMISSION ON


ELECTIONS, MUNICIPAL BOARD OF CANVASSERS OF DOLORES,
QUEZON, VIVENCIO G. LIRIO, Respondents.

Facts:
Narciso Mendoza, Jr. filed his certificate of candidacy at the last day of filing as an
independent candidate. Subsequently, on the same day Mendoza withdrawn his certificate
citing “personal reasons”. Later, upon learning the former’s withdrawal, the petitioner filed
his own sworn “Certificate of Candidacy in Substitution”.

The election results show that the petitioner was the clear winner but was not
recognized as duly elected vice-mayor, due to the petitioner’s name not appearing in the
COMELEC’s certified list of candidates.

Issue:
Whether or not the petitioner should be recognized as a substitute candidate

Held:
Yes. The argument of the COMELEC for denying the petitioners substitute certificate
of candidacy is rejected. The Court opined that the withdrawal of Mendoza was not seriously
contended and was not even included in the certified list of candidates. Meaning, that the
COMELEC has recognized such withdrawal, therefore making the petitioner a last minute
replacement for Mendoza. Furthermore the Court added “The fact that Mendoza’s
withdrawal was not sworn is but a technicality which should not be used to frustrate the
people’s will in favor of petitioner as the substitute candidate.” In construing election
contests and laws, it must be in favor of the will of the people and not be marred by mere
technicalities.

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