Digest: Go v. Commission on Elections (357 SCRA 739, 2001)

Facts:  Petitioner is the incumbent representative of the Fifth District, province of Leyte, whose term of office will expire at noon on 30 June 2001.

On 27 February 2001, petitioner filed a certificate of candidacy for mayor.

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.

At that later hour, with only minutes left to midnight, the deadline for filing certificates of candidacy or withdrawal thereof, and considering that the travel time from Tacloban to Baybay was two (2) hours, petitioner decided to send her affidavit of withdrawal by fax⁴ to her father at Baybay, Leyte and the latter submitted the same to the office of the election officer of Baybay, Leyte at 12:28 a.m., 01 March 2001. On the same day, at 1:15 p.m., the election officer of Baybay Leyte, received the original of the affidavit of withdrawal

On 05 March 2001 respondent Montejo filed with the provincial election supervisor of Leyte, at Tacloban City a petition to deny due course and/or to cancel the certificates of candidacy of petitioner. Respondent Antoni filed a similar petition, namely, that for mayor of Baybay, Leyte, and that for governor of Leyte, thus, making her ineligible for both.

Issue: Whether or not petitioner disqualified to be candidate for governor of Leyte and mayor of Baybay, Leyte because she filed certificates of candidacy for both positions

Ruling: The Supreme Court annulled the COMELEC resolution declaring a candidate disqualified for both positions of governor of Leyte and mayor of the municipality of Baybay, Leyte. There is nothing in Section 73, B.P. Blg. 881 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mandates that the affidavit of withdrawal must be filed with the same office where the certificate of candidacy to be withdrawn was filed.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 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.