Go v.

COMELEC
G.R. No. 147741, May 10, 2001
Facts: Petitioner Loreto-Go filed Certificates of Candidacy for Mayor of Baybay, Leyte and for Governor
of the province of Leyte. Thereafter, she filed an affidavit of withdrawal for the position of Mayor with the
provincial election officer, which the latter refused to receive stating that it should be filed with the
municipal election officer of Baybay. Because of this, she filed it with the proper office by fax. However,
she filed the withdrawal 28 minutes after the deadline. Respondents filed petitions cancel the certificates
of candidacy of petitioner.
ISSUE: Whether or not there is a valid withdrawal of certificate of candidacy by the petitioner.
RULING: Yes. The Supreme Court held that Section 97, B.P. Blg. 881, does not mandate that the affidavit
of withdrawal be filed with the same office where the certificate of candidacy was filed to be withdrawn.
While it may be true that Sec. 12 of the COMELEC Resolution requires that that the withdrawal be filed
before the election officer where the certificate of candidacy was filed, such requirement is merely
directory, and is intended for the convenience. Hence, the filing of petitioners affidavit of withdrawal of
candidacy for mayor of Baybay with the provincial election supervisor is valid.