Juanito C. Pilar Vs. Commission on Elections

JUANITO C. PILAR, Petitioner,


Vs.


COMMISSION ON ELECTIONS, Respondent.


G.R. No. 115245, July 11, 1995


Facts:

Juanito C. Pilar filed his certificate of candidacy for the position of member of the Sangguniang Panlalawigan of the province of Isabela. However, three days later. He withdrew his certificate of candidacy. As a result, respondent Commission imposed a fine of  10,000.00 for failure to file his statement of contributions and expenditures. Petitioner contends that it is clear from the law that the candidate must have entered the political contest, and should have either won or lost.

Section 14 of R.A. No. 7166 provides that:
Statement of Contributions and Expenditures. Effect of Failure to file statement. Every candidate and treasurer of the political party shall within 30 days after the day of the election, file in duplicate with the officers of the commission, the full, true and itemized statement of all contributions and expenditures in connection with the election.

Resolution No. 2348 was promulgated to implement such provision.

Issue:

Whether or Not petitioner is required to file his statement of Contributions and Expenditures despite his withdrawal of candidacy.

Held:

Yes. Section 14 of R.A. 7166 states that "Every candidate" has the obligation to file his statement of contributions and expenditures. As the law makes no distinction or qualification as to whether the candidate pursued his candidacy or withdrew the same, the term "Every candidate" must be deemed to refer not only to a candidate who pursued his campaign, but also to those who withdrew his candidacy.

Also, Section 13 of Resolution No. 2348 categorically refers to all candidates who filed their certificate of candidacy.

Comments

Popular posts from this blog

Globe-Mackay Cable and Radio Corporation (GMRC) Vs. National Labor Relations Commission (NLRC) and Imelda Salazar

The Director of Lands Vs. Court of Appeals

The People of the Philippines Vs. Patricio Amigo