Lynetter Garvida Petitioner Vs. Floencio Sales Jr., COMELEC, Election Officer Dionisio Rios & Provincial Supervisor Noli Pipo Respondents

Civil Code Article 13: 

When the law speaks of years, months or nights, it shall be understood that years are of 365 days each; months of 30 days; days of 24 hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

 In computing a period, the first day shall be excluded, and the last day included.

Facts:

On March 16, 1996, Lynette Garvida applied for registration as member and voter of the Katipunan ng Kabataan of Barangay San Lorenzo, Bangui, Ilocos Norte. However, her application was denied by the Board of Election Tellers since she exceeded the age limit. She then filed a “Petition for Inclusion as Registered Kabataan Member and Voter” with the Municipal Trial Court which was granted by the said court. Then, on April 23, 1996, Garvida filed her certificate of candidacy for the position of Chairman, Sangguniang Kabataan, Barangay San Lorenzo, Municipality of Bangui, Province of Ilocos Norte. On the same date, Election Officer Dionisio Rios, per advise of Provincial Election Supervisor Noli Pipo, disapproved petitioner’s certificate of candidacy again due to her age. Petitioner then appealed to COMELEC Regional Director Filemon Asperin who set aside the order of respondents and allowed petitioner to run. Earlier and without knowledge of COMELEC officials, private respondent and petitioner’s rival Florencio Sales Jr. filed with the COMELEC en banc a “Petition of Denial and/or Cancellation of Certificate of Candidacy” via facsimile and registered mail on April 29, 1996. And, on May 2, 1996 respondent Riso issued a memorandum to petitioner informing her of her ineligibility and giving hr 24 hours why her certificate of candidacy should not be disapproved. Also on the same date, the COMELEC en banc issued an order directing the Board Election Tellers and Board of Canvassers to suspend the proclamation of petitioner in the event she won in the election. This is why on May 6, 1996, Election Day, Garvida was not proclaimed the winner. She was only proclaimed on June 2, 1996. Said proclamation was “without prejudice to any further action by the Commission on Elections or any other interested parties.

Issues:

 Whether or not COMELEC erred in the cancellation of her candidacy on the ground that she has exceeded the age limit.

 Whether or not COMELEC en banc acted within its jurisdiction in cancelling her certificate of candidacy.

Ruling:

 Petition dismissed. Lynette Garvida is declared ineligible for being over the age qualification for candidacy in the May 6, 1996 elections of the Sangguniang Kabataan. The general rule is that an elective official of the SAngguniang Kabataan must not be more than 21 years old on the day of his election. The only exception is when the official reaches the age of 21 years during his incumbency.

AGE QUALIFICATION ISSUE:

The age requirement for the Katipunan ng Kabataan membership is fifteen (15) but not more than twenty-one (21) years of age (S424, LGC) while an elective official must be at least fifteen (15) years but not more than twenty-one (21) years of age on the day of his election (S428, LGC). The provision that an elective official of the SK should not be more than 21 years of age on the day of his election is very clear. The Local Government Code speaks of years, not months nor days. When the law speaks of years, it is understood that years are of 365 days each. The law does not state that the candidate be less than 22 years on election day. Petitioner must be a qualified voter prior to her eligibility as a candidate for the election. At the time of the filing of her candidacy, petitioner is already more that the maximum age limit of 21 years old, and just less than 10 days before she turns 22, at the time of her proclamation. 

EFFECT OF WINNING THE ELECTION.

The fact that the candidate was elected will not make the age requirement directory, nor will it validate his election. The will of the people as expressed through the ballot cannot cure the vice of ineligibility.

ISSUE OF SUCCESSION.

The ineligibility of Garvida does not entitle Salas, the candidate who obtained the highest number of votes in the May 6, 1996 elections, to be declared elected. A defeated candidate cannot be deemed elected to the office. Neither the Court can order that petitioner should be succeeded by the Sangguniang Kabataan member who obtained the next highest number of votes in the May 6, 1996 elections pursuant to Section 435 of the LGC as it only applies when a Sangguniang Kabataan Chairman "refuses to assume office, fails to qualify, is convicted of a felony, voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three (3) consecutive months." In this case, petitioner was INELIGIBLE to assume position. Hence, the Court ordered her to vacate the SK Chairman position and be replaced by the SK member elected among themselves by simple majority.