GO vs.

COMELEC Case Digest

GO vs. COMELEC
357 SCRA 739, 2001

Facts: Petitioner was the incumbent representative of the Fifth District, province of Leyte when
she filed on February 27, 2001 with the municipal election officer of the municipality of Baybay,
Leyte, a certificate of candidacy for mayor of the said municipality.

On February 28, 2001, at 11:47 p.m., petitioner filed with the provincial election supervisor of
Leyte, with office at Tacloban City, another certificate of candidacy for governor. Simultaneously
therewith, she attempted to file with the provincial election supervisor an affidavit of withdrawal
of her candidacy for mayor. However, the provincial election supervisor refused to accept the
affidavit of withdrawal and suggested that, pursuant to COMELEC Resolution No. 3253-A, she
should file it with the municipal election officer of Baybay, Leyte where she filed her certificate of
candidacy for mayor.

Private respondents filed similar petitions to disqualify petitioner on the ground that petitioner
filed certificates of candidacy for two positions, namely, that for mayor, and that for governor,
thus, making her ineligible for both.

The COMELEC granted the petition and disqualified the petitioner from running for both
position.

Issue: Whether or not an affidavit of withdrawal of candidacy should be filed with the election
officer of the place where the certificate of candidacy was filed.

Held: No. There is nothing in Section 73 of the Omnibus Election Code which mandates that the
affidavit of withdrawal must be filed with the same office where the certificate of candidacy to be
withdrawn was filed. Thus, it can be filed directly with the main office of the COMELEC, the
office of the regional election director concerned, the office of the provincial election supervisor
of the province to which the municipality involved belongs, or the office of the municipal election
officer of the said municipality. While it may be true that Section 12 of COMELEC Resolution
No. 3253-A requires that the withdrawal be filed before the election officer of the place where
the certificate of candidacy was filed, such requirement is merely directory, and is intended for
convenience.