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SALVADOR V. COMELEC
G.R. No. 230744, Sept 26, 2017
J. Tijam

PETITIONER: MARIO O. SALVADOR

RESPONDENT: COMELEC and ALEXANDER S. BELENA

CASE SUMMARY: Belena filed a complaint-affidavit before the COMELEC against Salvador,
alleging that the latter exceeded the allowable amount of election-related expenses. Among
others, Belena alleged that Salvador was only entitled to spend 275,667 pesos only, as he
was only entitled to 3 pesos per registered voters of San Jose City, Nueva Ecija. COMELEC
En Banc affirmed and recommended the filing of an information against Salvador for
overspending.

The SC affirmed the COMELEC En Banc, ruling that Salvador was a candidate other than the
Pres. and VP who received support from a political party. And, under the OEC as amended by
RA 7166, such candidates are only entitled to spend 3 pesos for each of the registered voters
in the constituency where they filed their COC.

DOCTRINE: RA 7166 introduced a distinction between a candidate without a political party

and without support from any political party, and a candidate with political party who receives
support from said political party:

For President and VP 10 pesos for every voter currently registered

in the constituency where he filed his COC

For candidates other than the Pres and 3 pesos for every voter currently registered
VP with a political party receiving in the constituency where they filed their
support from a political party COC

Candidate without political party and 5 pesos for every such voter
without support from any political party

For political parties 5 pesos for every voter currently registered

in the constituency or constituencies where
it has official candidates.

FACTS:
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1. Mario Salvador, a member of the political party Bagong Lakas ng Nueva Ecija, was a
mayoralty candidate in San Jose City, Nueva Ecija in 2010.
a. Marivic Violago-Belena won over the petitioner in said mayoralty election.

2. On December 4, 2014, Belena filed a complaint-affidavit for overspending or violation

of Sec. 100 cf. Sec. 262 of the Omnibus Election Code (OEC), as amended by RA 7166
against Salvador.
a. Alleged that under Sec. 13 of RA 7166:
i. a candidate, other than for presidency and vice presidency, is allowed to
spend an amount of 3 pesos for every voter currently registered in the
constituency where he filed his certificate of candidacy.
ii. a candidate without any political party and without any support from any
political party may be allowed to spend 5 pesos for every such voter.
b. Since the total number of registered voters in San Jose City, Nueva Ecija is
91,889 and that Salvador was a member of a political party, he was only allowed
to spend 275,667 pesos only.
i. He violated this when he spent around 449,000 pesos as declared in his
Statement of Election Contribution and Expenditure (SOCE).

3. For his part, Salvador maintained that while he is a member of a political party, he did
not receive nay support from said political party and thu the exception under Sec. 13 RA
7166 was applicable to him.

4. Nov. 2, 2015 – COMELEC En Banc directed its Law Department to file the appropriate
information against Salvador for overspending.

5. Salvador filed a motion for reconsideration, but was denied.

6. Hence, this petition.

RATIO DECIDENDI:

1. W/N SALVADOR VIOLATED SEC. 13 OF RA 7166 – YES.

a. LEGISLATIVE HISTORY
i. Sec. 13 of RA 7166 is an amendment to Sec. 100 OEC.
1. Sec. 100 of OEC provides that no candidate shall spend for their
election campaign an aggregate amount exceeding one peso and
fifty centavos for every voter currently registered in the
constituency where he filed his candidacy.
ii. RA 7166 then introduced a distinction between a candidate without a
political party and without support from any political party, and a candidate
with political party who receives support from said political party:
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For President and VP 10 pesos for every voter

currently registered in the
constituency where he filed his
COC

For candidates other than 3 pesos for every voter

the Pres and VP with a currently registered in the
political party receiving constituency where they filed
support from a political their COC
party

Candidate without political 5 pesos for every such voter

party and without support
from any political party

For political parties 5 pesos for every voter

currently registered in the
constituency or constituencies
where it has official
candidates.

b. SC ON THE RATIONALE BEHIND THE AMENDMENT: The legislature intended

to ensure equality between and among aspirants with deep pockets and those
with less financial resources.
i. The political advantages which goes with a candidate’s membership in a
political party include the machinery, goodwill, representation and
resources of the political party.
ii. As said advantages are not enjoyed by non-members of a political party, it
is necessary that an independent candidate be afforded equal chances.

c. AS APPLIED, the law is clear – the candidate must both be without a political
party and without support from any political party for the 5-peso cap to apply.
i. It is undisputed that the current number of registered voters in San jose
City, Nueva Ecija is 91,889.
ii. Thus, Belena was correct, in that Salvador was only entitled to spend the
amount of 275,667 as he is allowed to spend 3 pesos for each registered
voter.
iii. Salvador clearly violated this when he spent around 449,000 pesos as
disclosed in his SOCE.

d. AS SUCH, he committed an election offense under Art. 262 in relation to 263 of

the OEC (which enumerated provisions in the OEC that constitute an election
offense, including Sec. 100, as amended by RA 7166).

- RULING: Petition DENIED. COMELEC En Banc AFFIRMED.