Gador vs Commission on Elections

Gador vs Commission on Elections
G.R. No. L-52365
January 22, 1980


Facts:
The petition alleges that the petitioner is a candidate for the Office of Mayor of the City of Ozamiz as Independent this coming January 30, 1980 local election. He filed his certificate of candidacy with the Election Registrar of Ozamis City on January 7, 1980 because of the news in the Bulletin Today. The said news stated that the respondent COMELEC issued a resolution for the extension of time for filing COC. However, the President denied said resolution. Therefore, respondent COMELEC informed the petitioner that his name might not be included in the list of candidates for mayor because of the said incident. Thus, this petition.

Issue:
Whether or not the certificate of candidacy of the petitioner which was filed on January 7, 1980 is valid.

Held:
No. A certificate of candidacy filed beyond reglementary period is void. Section 7, Batasang Pambansa Bilang 52, provides that “The sworn certificate of candidacy shall be filed in triplicate not later than January 4, 1980.” It is a fact admitted by the petitioner that the President had not extended the period within which to file the certificate of candidacy.
This Court is powerless to grant the remedy prayed for in the petition. Having been filed beyond January 4, 1980, the certificate of candidacy of the petitioner is void.