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AMADO F. GADOR, Petitioner, G. R. No. L-52365
January 22, 1980
-versus-
COMMISSION
ON ELECTIONS
FERNANDEZ, J.:
This Petition
for Mandamus with a prayer for
a writ of preliminary injunction, was filed on January 21, 1980 at 4:47
o'clock in the afternoon seeking the following relief:
The petition
alleges that the petitioner is a candidate
for the office of Mayor of the City of Ozamiz as independent this
coming
January 30, 1980 local election; that he filed his certificate of
candidacy
with the Election Registrar of Ozamis City on January 7, 1980; that the
petitioner filed his certificate of candidacy for Mayor on January 7,
1980
on the basis of a news item in the Bulletin Today, January 6, issue;
that
on January 8, 1980, the petitioner wired the Chairman of the Commission
on Elections informing him of the filing of the certificate of
candidacy
and at the same time, requesting him to release the approval of the
said
certificate; that on January 11, 1980, the petitioner caused the
Election
Registrar of Ozamiz City to wire the Chairman, Commission on Elections,
reiterating the information that the petitioner had filed a certificate
of candidacy on January 7; that he was already in the thick of
campaigns
and was asking about the status of his candidacy; that in view of the
President's
announcement that the resolution of the respondent, Commission on
Elections,
for the extension of time for filing certificates of candidacy from
January
4 to January 10 had been denied, there is a strong probability that the
petitioner's name as candidate for Mayor may not be included in the
list
of candidates to be voted which is to be printed soon and distributed
in
Ozamiz City; and that on grounds of fairness, principles of equity and
for the best interest of the people of Ozamiz City, judgment should be
rendered commanding the respondent, Commission on Elections, to
immediately
include the petitioner in the list of candidates for Mayor.
The only issue is
whether or not the certificate
of candidacy of the petitioner which was filed on January 7, 1980 is
valid.
Section 7, Batas Pambansa Bilang 52, provides that "The sworn
certificate
of candidacy shall be filed in triplicate not later than January 4,
1980."
It is a fact admitted by the petitioner that the President had not
extended
the period within which to file the certificate of candidacy. This Court is powerless to grant the remedy prayed for in the petition. Having been filed beyond January 4, 1980, the certificate of candidacy of the petitioner is void. In as much as the election is only eight [8] days away, it is to the interest of all concerned, specially the petitioner himself, that this matter be resolved immediately. WHEREFORE, the petition for mandamus is hereby dismissed for lack of merit. SO ORDERED. Fernando, C.J.,
Barredo, Makasiar, Antonio,
Aquino, Concepcion, Jr., Santos, Guerrero, Abad Santos, De Castro and
Melencio-Herrera,
JJ., concur.
Teehankee, J., took no part. |
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