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Go V Comelec

Rep. Ma. Catalina L. Go filed certificates of candidacy for both mayor of Baybay, Leyte and governor of Leyte on February 27 and 28, 2001 respectively. She attempted to withdraw her mayoral candidacy by filing an affidavit of withdrawal with the provincial election supervisor, who refused and directed her to file it with the municipal election officer instead. She then faxed and filed the affidavit, which was received by the municipal election officer after the deadline. The Commission on Elections sought to disqualify her gubernatorial candidacy, arguing one cannot be a candidate for two offices. However, the Supreme Court ruled that as long as the affidavit is filed, the location is merely directional and not

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113 views1 page

Go V Comelec

Rep. Ma. Catalina L. Go filed certificates of candidacy for both mayor of Baybay, Leyte and governor of Leyte on February 27 and 28, 2001 respectively. She attempted to withdraw her mayoral candidacy by filing an affidavit of withdrawal with the provincial election supervisor, who refused and directed her to file it with the municipal election officer instead. She then faxed and filed the affidavit, which was received by the municipal election officer after the deadline. The Commission on Elections sought to disqualify her gubernatorial candidacy, arguing one cannot be a candidate for two offices. However, the Supreme Court ruled that as long as the affidavit is filed, the location is merely directional and not

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divine ventura
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DIVINA JOY A. VENTURA Administrative and Election Laws Fiscal Jonalyn A.

Mates

LlB-2 Page 1 of 1

REP. MA. CATALINA L. GO v. COMMISSION ON ELECTIONS G.R. No. 147741. May 10, 2001 FACTS: On 27 February 2001, petitioner filed with the municipal election officer of the municipality of Baybay, Leyte, a certificate of candidacy for mayor of Baybay, Leyte. On 28 February 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 of the province of Leyte. Simultaneously therewith, she attempted to file with the provincial election supervisor an affidavit of withdrawal of her candidacy for mayor of the municipality of Baybay, Leyte. However, the provincial election supervisor of Leyte refused to accept the affidavit of withdrawal and suggested that, pursuant to a COMELEC resolution, she should file it with the municipal election officer of Baybay, Leyte where she filed her certificate of candidacy for mayor. This prompted petitioner to send affidavit of withdrawal by fax to her father at Baybay, Leyte. Her father submitted the same at 12:28 am of March 1, 2001 and at 1:15 pm, the election officer of Baybay, Leyte received the original of the affidavit of withdrawal. On March 5, 2001, petitions were filed against petitioner to disqualify or deny due course or cancel her certificates of candidacy. This was anchored on the Omnibus election Code providing that no person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he, shall not be eligible for any of them unless, before the expiration of the period for the filing of certificates of candidacy, he cancels the certificate of candidacy for the other office or offices. Issue: Is petitioner disqualified to be a candidate for governor of Leyte? Held: No. There is nothing in the Omnibus Election Code that mandates that the affidavit of withdrawal must be filed directly with the same office where the certificate of candidacy to be withdrawn was filed. Such requirement is merely directional. Hence, the filing of petitioners affidavit of withdrawal of candidacy for mayor of Baybay with the provincial election supervisor of Leyte sufficed to effectively withdraw such candidacy. The Court declares valid the Petitioners candidacy for Governor of Leyte.

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