PHILIPPINE REPORTS ANNOTATED VOLUME 102 1/16/20, 10:05 PM

[No. L-10201. September 23, 1957]

NICOLAS Y. FELICIANO, petitioner and appellee, vs.

BENIGNO S, AQUINO, JR., respondent and appellant.

Appeal from the decision of the Court of First Instance of

Tarlac (Case No. 2021), wherein appellant was enjoined from
assuming office as mayor and wherein his election was declared
unlawful and illegal. It appears that Aquino was proclaimed
elected as Mayor of Concepcion, Tarlac as a result of the elections
held on November 8, 1955. Defeated candidate Nicolas Y.
Feliciano instituted quo warranto proceedings challenging
Aquino's eligibility on the ground that the latter was not yet 23
years of age at the time of his election. Indeed, Aquino became 23
years old only 19 days after the elections, and 16 days after the
canvassers had proclaimed him Mayorelect. The spirit of the law,
as well as the natural and obvious sense of section 2174 of the
Revised Administrative Code, is that the candidate for a
municipal elective office must be not less than 23 years of age at
the time the election is held. The section only makes mention of
this time: it refers to no other. This interpretation is in harmony
with the legal requirements for other elective offices, from
President of the Republic to provincial officers. No reason is
shown why, after plainly and inequivocably requiring that
candidates for all other elective offices should possess the age
qualification "at the time of the election", the law should
suddenly change the requirement in the case of municipal
officers. If that was the intention of the Legislature, it would
have said so expressly instead of leaving the matter open to
confusion and

1160

doubt. That the term "eligibility" as used in the' Election Law has
reference to the election time, and not to the commencement of the
term of office is further confirmed by section 31 of said law, about
certificates of candidacy. No argument is needed to show that where
the candidate is mentioned as "eligible" or "ineligible" in said
section, taking part in the election is meant, and not capacity to
assume office.

Judgment appealed from is affirmed, with costs against

appellant. Reyes, J.B.L. J., ponente

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