Friday, March 05, 2010

Defective CoCs may cause disqualification

I had the opportunity to examine the certificates of candidacy of the aspirants for top provincial positions in Negros Oriental.
This is courtesy of a newly-launched election website that had the initiative of publishing on pdf the certificates of candidacy of candidates vying for top positions like governor, vice governor and member of congress, in Negros Oriental.
This is good public service for the electorate.

Certificates taken seriously

I was amused examining the candidates’ certificates of candidacy, having myself prepared the certificates of candidacy of those seeking national positions.
Preparing and filing of certificates of candidacy is a very serious matter, because any haphazard, careless preparation and filing can lead to a candidate’s disqualification.
I noticed many legal defects in the certificates of candidacy of candidates for top provincial positions.
These defects created legal grounds for their disqualification.
One of the important things candidates must take note is that their certificates of candidacies must be “legally clean” and in order, so it cannot be taken advantage of by rivals.

Not duly sworn

One of the major defects I noted is that many of the certificates of candidacy were not sworn in accordance with law.
As a legal requirement, a certificate of candidacy must be sworn in accordance with the law.
Otherwise, this can be a ground for disqualification for having filed a certificate of candidacy that is not sworn in accordance with law.
I noted many certificates of candidacy were defectively sworn before notaries public because they used cedula which is not competent evidence of identity.
The Supreme Court has long ruled against the legality of using cedulas as evidence of identity.
In fact, there have been petitions dismissed by the Supreme Court outright, solely for failing to use competent evidence of identity in the verifications.
Other certificates of candidacy are worse because no competent evidence of identity was presented before the notary public.
Other certificates of candidacy I noted were false entries in the certificates themselves.
The following candidates for top positions which used (defective) community tax certificates are:
Emilio C. Macias II (for governor), Raul S. Aninon (for congress), Henry Pryde Teves (for congressman).
Those who used evidence of identity which looked ostensibly like cedulas are Agustin Ramon M. Perdices (for vice-gov), Marcelo G. Adanza (for congress), Telesforo Diao Jr. (for congress).
Those who did not present any evidence of identity before the notary public are: Samuel B. Torres (for vice gov), Mariant-Escano Villegas (for vice-gov), German P. Sarana (for vice gov).
Those who used competent evidence of identity are Petit A. Baldado (for governor) used his government I.D. card, George Arnaiz (for congress) who used his driver’s license, Jocelyn S. Limkaichong (for congress) who used her passport, Jacinto V. Paras (for congress) who used his passport, Hector C. Villanueva (for congress) who used his driver’s license.

Factually impossible entries

There are also candidates who wrote factually impossible entries in their certificates.
They can be considered false entries.
For example George P. Arnaiz candidate for congressman, listed his birthday as 2-21-1955 meaning February 21, 1955. He listed his age as 54 (at the time he filed his certificate).
For the entry requiring the “period of residence in the Philippines before May 10, 2010”, Arnaiz listed 55 years and 9 months.
This appears factually impossible since on May 9, 2010 (a day before the election) Arnaiz’ period of residence in the Philippines, and on this Earth for that matter, would yet be 55 years, 2 months and 18 days (to be exact)
The entry for period of residence placed by Arnaiz in his certificate means he was already a resident in the Philippines even before he was born.
This needs an explanation because I don’t quite get it, specially with my deficiency in mathematics.
His rival for second district congressman, Hector C. Villanueva is no better, technically speaking.
Villanueva listed his birthday as April 15, 1945.
For the entry “period of residence in the Philippines before May 10, 2010”, Villanueva listed “65 years and 1 month”.
This is also not accurate because on May 9, 2010 ( a day before the election) Villanueva would have been residing in the Philippines only for 65 years and 24 days only.
In the civil code, one month means 30 days.
Like Arnaiz, Villanueva also claims he has been a resident in the Philippines even before he was born.
The third rival, Mr. Aninon is worst.
He did not write any entry for the period of residence in the Philippines.
There is no way of knowing whether he complied with the constitutional requirement for residency, for congressional aspirants.

Other data

From the certificates of candidacy among aspirants for top provincial posts, we gather that the oldest candidate is Emilio C. Macias at 76.
Perdices is second oldest at 75 years old.
There is no age limit to be a candidate.
As long as one is still breathing, he can run for office.
We can also gather that all the candidates (for top posts) except one, are fifty years old and above.
No candidate for top provincial posts, is in his forties.
The youngest is Henry Pryde Teves who is thirty seven.
If you want to access the certificates of candidacy for Negros Oriental aspirants, go to

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