1 Annex E of the Petition, Rollo, p. 56.
2 Rollo, p. 65.
3 Rollo, p. 57.
4 Annexes C and D of the Petition, Rollo, pp. 48-49.
5 Docketed as SPA No. 98-143 and entitled Victorino Salcedo II v. Ermelita C. Salcedo.
6 Rollo, p. 45.
7 Rollo, pp. 59-63.
8 Commissioner Japal M. Guiani and Chairman Bernardo P. Pardo (now Supreme Court Associate Justice) formed the majority opinion. Commissioner Julio F. Desamito dissented.
9 Rollo, pp. 34-39.
10 Rollo, pp. 45-46.
11 Rollo, p. 17.
12 Batas Pambansa Blg. 881 (BP 881), sec. 73.
13 BP 881, Section 74 provides that
The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; his post office address for all election purposes; his profession or occupation; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a candidate shall use in a certificate of candidacy the name by which he has been baptized, of if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage: Provided, That when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one nickname or stage name by which he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.
14 Republic Act No. 6646, secs. 6, 7.
15 Abella v. Larrazabal, 180 SCRA 509 (1989); Aquino v. Commission on Elections, 248 SCRA 400 (1995).
16 See Abella v. Comelec, 201 SCRA 253 (1991).
17 211 SCRA 297 (1992).
18 257 SCRA 727 (1996); 232 SCRA 785 (1994); 174 SCRA 245 (1989).
19 185 SCRA 703 (1990).
20 Sec. 17, Art. XXX of the 1987 Constitution has transferred the jurisdiction to decide quo warranto proceedings concerning any member of Congress to the Electoral Tribunal.
21 Topacio v. Paredes, 23 Phil. 238 (1912).
22 Loong v. Commission on Elections, 216 SCRA 760 (1992).
23 Abella v. Larrazabal, supra.
24 R.A. No. 7160, section 39. Qualifications. -
(a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.
(b) Candidates for the position of governor, vice-governor or member of the sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-three (23) years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day.
(e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.
25 Romualdez-Marcos v. Commission on Elections, 248 SCRA 300 (1995).
26 Rollo, p. 63.
27 Rollo, pp. 62, 129.
28 Rollo, p. 75.
29 Rollo, pp. 78-88.
30 Peoples Bank and Trust Co. v. Philippine National Bank, G.R. No. L-3405 (1951).
31 Aquino v. Commission on Elections, supra.