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    Garvida Vs Sales - Digest

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    Marga Reth
    This case involves Lynette Garvida, who applied to register as a member and voter for the Sangguniang Kabataan (SK) elections on May 6, 1996. Her application was denied because at 21 years and 10 months old, she exceeded the age limit of 15-21 years old. The lower courts ruled she was qualified to register, but the Commission on Elections found her ineligible due to being over the age limit for SK officials of 21 years old. The Supreme Court affirmed she was over the age limit to run as a candidate in the SK elections.

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    Garvida Vs Sales - Digest

    Uploaded by

    Marga Reth
    40 views2 pages
    This case involves Lynette Garvida, who applied to register as a member and voter for the Sangguniang Kabataan (SK) elections on May 6, 1996. Her application was denied because at 21 years and 10 months old, she exceeded the age limit of 15-21 years old. The lower courts ruled she was qualified to register, but the Commission on Elections found her ineligible due to being over the age limit for SK officials of 21 years old. The Supreme Court affirmed she was over the age limit to run as a candidate in the SK elections.

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    Garvida vs Sales_digest

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    This case involves Lynette Garvida, who applied to register as a member and voter for the Sangguniang Kabataan (SK) elections on May 6, 1996. Her application was denied because at 21 years and 10 months old, she exceeded the age limit of 15-21 years old. The lower courts ruled she was qualified to register, but the Commission on Elections found her ineligible due to being over the age limit for SK officials of 21 years old. The Supreme Court affirmed she was over the age limit to run as a candidate in the SK elections.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views2 pages

    Garvida Vs Sales - Digest

    Uploaded by

    Marga Reth
    This case involves Lynette Garvida, who applied to register as a member and voter for the Sangguniang Kabataan (SK) elections on May 6, 1996. Her application was denied because at 21 years and 10 months old, she exceeded the age limit of 15-21 years old. The lower courts ruled she was qualified to register, but the Commission on Elections found her ineligible due to being over the age limit for SK officials of 21 years old. The Supreme Court affirmed she was over the age limit to run as a candidate in the SK elections.

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    © All Rights Reserved
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    TITLE:

    G.R. No. 124893, April 18, 1997, LYNETTE G. GARVIDA, Petitioner, v. FLORENCIO G.
    SALES, JR., THE HONORABLE COMMISSION ON ELECTIONS, ELECTION OFFICER
    DIONISIO F. RIOS and PROVINCIAL SUPERVISOR NOLI PIPO, Respondents.

    PONENTE:
    PUNO, J.

    FACTS OF THE CASE:


    The Sangguniang Kabataan (SK) elections nationwide was scheduled to be held
    on May 6, 1996. Petitioner Garvida applied for registration as member and voter of the
    Katipunan ng Kabataan at Barangay San Lorenzo, Municipality of Bangui, Ilocos Norte
    on March 16, 1996. However, the Board of Election tellers denied her application on the
    ground that she is already 21 years and 10 months old. Petitioner Garvida exceeded the
    age limit for membership as laid in Sec 3(b) of COMELEC Resolution No. 2824 which
    states that a voter must be fifteen (15) but not more than twenty-one years of age on
    election day that is he/she must have been born between May 6, 1975 and May 6, 1981,
    inclusive.

    RULING OF LOWER AND APPELLATE COURTS:


    On a decision dated April 18, 1996, the Municipal Circuit Trial Court, Bangui-
    Pagudpod- Adams- Damalneg, Ilocos Norte, found Petitioner qualified and ordered her
    registration as member and voter in the Katipunan ng Kabataan. The Board of Election
    Tellers appealed to the Regional Trial Court, Bangui, Ilocos Norte. The presiding judge
    of the RTC, however, inhibited himself from acting on the appeal due to his close
    association with petitioner.

    On April 23, 1996, petitioner filed her certificate of candidacy for the position of
    Chairman, Sangguniang kabataan, Barangay San Lorenzo, Municipality of Bangui,
    Ilocos Norte. In a letter dated april 23, 1996, respondent Election Officer Dionisio F.
    Rios, per advice of Provincial Election Supervisor Noli Pipo, disapproved petitioner’s
    certificate of candidacy due to her age. Petitioner Garvida, however, appealed to
    COMELEC Regional Director Filemon A. Asperin who set aside the order of
    respondents and allowed petitioner to run.
    However, private respondent Sales, arrival candidate, filed with the COMELEC
    en banc a “Petition of Denial and/or Cancellation of Certificate of Candidacy”against
    the petitioner for falsely representing her age qualification in her certificate of
    Candidacy.

    On May 2, 1996, the same day respondent Rios issued the memorandum to
    petitioner the COMELEC en banc issued an order directing the Board of Election Tellers
    and Board of Canvassers of Barangay San Lorenzo to suspend the proclamation of
    petitioner in the event she won in the election.

    ISSUE BROUGHT TO SUPREME COURT:

    Whether Petitioner Garvida is eligible to vote and run as Chairman in SK Elections.

    RULING AND RATIO DECIDENCI OF SUPREME COURT:

    No. In the case at bar, petitioner was born on June 11, 1974. On March 16, 1996,
    the day she registered as voter for the May 6, 1996 SK Elections, petitioner was twenty-
    one (21) years and nine (9) months old. On the day of the elections, she was 21 years, 11
    months and 5 days old. When she assumed office on June 1, 1996, she was 21 years, 11
    months and 20 days old and was merely ten (10) days away from turning 22 years old.
    Petitioner may have qualified as a member of the Katipunan ng Kabataan but definitely,
    petitioner was over the age limit for elective SK officials set by Section 428 of the Local
    Government Code and Sections 3(b) and 6 of Comelec Resolution No. 2824.

    Thus, she is ineligible to run as candidate for the May 6, 1996 Sangguniang
    Kabataan Elections.

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