Garvida v. Sales, Jr.

G.R. No. 124893. April 18, 1997

FACTS: The Sangguniang Kabataan (SK) elections nationwide was scheduled to be held on May 6,
1996. On March 16, 1996, petitioner applied for registration as member and voter of the Katipunan ng
Kabataan of Barangay San Lorenzo, Bangui, Ilocos Norte. The Board of Election Tellers, however, denied
her application on the ground that petitioner, who was then twenty-one years and ten (10) months old,
exceeded the age limit for membership in the Katipunan ng Kabataan as laid down in Section 3 [b] of
COMELEC Resolution No. 2824.
ISSUE: Whether or not COMELEC can deny her certificate f candidacy due to age restriction.
RULING: The Commission may not, by itself, without the proper proceedings, deny due course to or
cancel a certificate of candidacy filed in due form. When a candidate files his certificate of candidacy, the
COMELEC has a ministerial duty to receive and acknowledge its receipt. This is provided in Sec. 76 of
the Omnibus Election Code. While the Commission may look into patent defects in the certificates, it may
not go into matters not appearing on their face. The question of eligibility or ineligibility of a candidate is
thus beyond the usual and proper cognizance of said body.