Calubag vs. Commission on Elections and Joseph

A certificate of candidacy for Sangguniang Kabataan office may be denied due course and cancelled for material misrepresentation when the candidate falsely certifies in Item No. 10 that he is not related within the second civil degree of consanguinity or affinity to an incumbent elected barangay official in the locality, and service of summons by e-mail to the address stated in the COC is binding on the candidate.

Merson C. Calubag is the son of Marilyn C. Calubag, an incumbent member of the Sangguniang Barangay of Barangay Magtangale, San Francisco, Surigao del Norte. Republic Act No. 10742, Section 10, requires an SK official not to be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where the SK official seeks election; legislators called this the anti-dynasty clause. COMELEC Resolution No. 10924 governs the 2023 Barangay and Sangguniang Kabataan Elections and requires candidates to state an official e-mail address in their COCs, to which notices may be sent.

On August 28, 2023, Merson C. Calubag filed his certificate of candidacy for Chairperson of the Sangguniang Kabataan of Barangay Magtangale, San Francisco, Surigao del Norte, in the 2023 Barangay and Sangguniang Kabataan Elections. In his COC, Merson certified that the facts stated therein are true and correct, including Item No. 10, which states: "I am not related within the 2nd civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where I seek to be elected."

On September 2, 2023, Kimberly P. Joseph filed a Petition seeking to cancel and deny due course to Merson's COC. Kimberly alleged that Merson materially misrepresented that he is not related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where he seeks to be elected. According to Kimberly, Merson's mother, Marilyn C. Calubag, was an incumbent member of the Sangguniang Barangay of Barangay Magtangale. Kimberly attached Marilyn's Panunumpa sa Katungkulan as SB Member dated June 25, 2018, and her Barangay Official Information Sheet, which indicated that she was an SB Member for Barangay Magtangale and that one of her beneficiaries was her son, Merson C. Calubag. Despite receipt of summons, Merson did not file an answer or any responsive pleading.

On October 25, 2023, the COMELEC En Banc issued an Omnibus Order administratively suspending the proclamation of several candidates, including Merson, if they won their respective electoral contests, pending the petitions for cancellation of COC or disqualification against them. Merson later moved for reconsideration, first denying that he received the COMELEC's summons, whether personally, by registered mail, or electronic mail. He then denied the charge of material misrepresentation. According to Merson, on August 25, 2023, his mother Marilyn resigned from her position as SB Member; he attached a copy of Marilyn's resignation letter ostensibly dated August 25, 2023, which also indicated that the Mayor of San Francisco, Surigao del Norte acknowledged receipt of the letter.

Kimberly opposed Merson's Motion for Reconsideration. Kimberly pointed out that, apart from Merson's allegation, he did not present any proof that no copy of the summons was served on him. Kimberly also belied Merson's claim that Marilyn had already resigned from her post before Merson filed his COC. To prove this, Kimberly attached the logbook of the barangay showing that Marilyn still reported for duty on August 30, 2023, five days after she allegedly resigned. Kimberly further attached the joint affidavit of the barangay secretary and treasurer, where both officials attested to Marilyn reporting for duty even after her supposed resignation. The barangay secretary also attested that on September 1, 2023, Marilyn approached him to seek assistance in drafting her resignation letter, and that it was only on September 6, 2023 that Marilyn handed her resignation letter to the members of the barangay council.

The COMELEC found that at the time Merson filed his COC, Marilyn was an incumbent SB Member in the same barangay where Merson sought election. The COMELEC also found that summons was sent to Merson electronically through the e-mail address he indicated in his COC, apart from through registered mail. The COMELEC further found that Marilyn still reported for duty after August 25, 2023, and that the barangay secretary attested she sought help drafting her resignation on September 1, 2023, and handed it to the barangay council only on September 6, 2023.

• Non-Receipt of Summons: Merson argued that the COMELEC gravely abused its discretion in cancelling his COC despite not serving summons on him; he denied receiving summons personally, by registered mail, or electronic mail.
• Mother's Prior Resignation: Merson maintained that at the time he filed his COC, his mother Marilyn had already resigned from her position as SB Member on August 25, 2023, as shown by her resignation letter acknowledged by the Mayor.
• Material Misrepresentation: Merson denied the charge of material misrepresentation in his COC.

• No Grave Abuse of Discretion: The COMELEC, through the Solicitor General, argued that it committed no grave abuse of discretion in cancelling Merson's COC and that the assailed Resolutions are based on substantial evidence.
• Sufficiency of Service and Evidence: Kimberly countered that Merson presented no proof that no copy of the summons was served on him, and that Marilyn had not resigned before Merson filed his COC, as shown by the barangay logbook, the joint affidavit of the barangay secretary and treasurer, and the barangay secretary's statement.

• Procedural — Non-Receipt of Summons: Whether the COMELEC gravely abused its discretion in cancelling Merson's COC despite non-receipt of summons.
• Substantive — Mother's Resignation: Whether the COMELEC gravely abused its discretion in cancelling Merson's COC despite Marilyn's resignation from her position.

• Procedural — Non-Receipt of Summons: No. The COMELEC did not gravely abuse its discretion; under COMELEC Resolution No. 10924, service by e-mail to the address in the COC is binding, and Merson failed to prove non-receipt.
• Substantive — Mother's Resignation: No. Substantial evidence showed Marilyn was an incumbent SB Member when Merson filed his COC; his false Item No. 10 certification was a material misrepresentation, warranting cancellation under Section 78 in relation to Section 74 of the Omnibus Election Code.

• Procedural — Non-Receipt of Summons: COMELEC Resolution No. 10924, Section 594(8), allows the OCOC to issue summons directly to the respondent or through the appropriate field office via e-mail or, where e-mail is inaccessible, through personal service. Section 169(n) requires the COC to state the official e-mail address of the aspirant for notice and election purposes. Section 594(2) provides that any notice or document sent to the e-mail address provided in the COC shall be considered received by the candidate and binding as if personally served, and the candidate is responsible for ensuring that the e-mail address or physical address provided in the COC is accurate and accessible at all times. Records show that summons was sent to Merson electronically through the e-mail address he himself indicated in his COC, apart from through registered mail. It was incumbent upon him to explain and submit evidence that the summons electronically sent to him was not actually received. Merson merely alleged without proof that he did not receive summons; this is insufficient. Grave abuse of discretion is defined as the arbitrary or despotic exercise of power due to passion, prejudice or personal hostility, or the whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law. It manifests in COMELEC resolutions issued despite lack of substantial evidence supporting their legal conclusions, or when the resolution violates the Constitution. Merson failed to prove that the summons was not electronically served on him, and the issuance of the COMELEC Resolutions despite the alleged non-receipt of summons was not attended by grave abuse of discretion.
• Substantive — Mother's Resignation: Republic Act No. 10742, Section 10, requires that a candidate for a position in the SK must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official, or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where they seek to be elected. Lawmakers referred to this requirement as the anti-dynasty clause. Implementing this law, the COMELEC required SK candidates to swear, through Item No. 10 of their COC, that they are not related within the second civil degree of consanguinity or affinity to any incumbent elected official in the locality. Merson signed his COC and swore that he is not so related to any incumbent official when he filed his COC. Substantial evidence contradicts him. At the time of the filing of his COC, Merson's mother, Marilyn, was an incumbent SB Member in the same barangay where Merson sought to be elected as SK Chairperson. Merson avoids altogether the evidence presented by Kimberly, which shows that Marilyn reported for duty despite supposedly resigning on August 25, 2023. The barangay secretary stated in his sworn statement that Marilyn was drafting her resignation as late as September 1, 2023, which Merson neither responded to nor rebutted. Instead, he insists, despite evidence to the contrary, that his mother resigned on an earlier date. Thus, Merson clearly misrepresented a material fact in relation to his qualifications in his COC, and following the law, his COC must be cancelled. The COMELEC Resolution, anchored on substantial evidence and statute, cannot be considered as issued with or tainted by grave abuse of discretion. The Court also recognized Republic Act No. 10742 as the legislative framework for preventing the creation and expansion of political dynasties at the barangay and SK levels, implementing the constitutional policy to prohibit political dynasties; no law before or since has provided a workable definition of what constitutes a political dynasty, and Republic Act No. 10742 is restricted in its application to those seeking SK election.

• Anti-Dynasty Clause for Sangguniang Kabataan Officials — Republic Act No. 10742, Section 10, requires an SK official, elective or appointee, not to be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where he or she seeks election. The Court applied this by finding that Merson's mother was an incumbent SB Member of the same barangay when he filed his COC, making his Item No. 10 certification false.
• Material Misrepresentation in a Certificate of Candidacy — Under Section 78 in relation to Section 74 of the Omnibus Election Code, a COC may be denied due course and cancelled when the candidate makes a false statement of a material fact affecting his qualifications. A false certification that one is not related within the second civil degree to an incumbent elected official in the locality is material and warrants cancellation. The Court applied this to Merson's false Item No. 10 certification.
• Electronic Service of Summons in COMELEC Proceedings — Under COMELEC Resolution No. 10924, Sections 594(2), 594(8), and 169(n), a COC must state an official e-mail address for notice, and any notice or document sent to that e-mail address is considered received by the candidate and binding as if personally served; the candidate is responsible for ensuring the e-mail address is accurate and accessible. The Court applied this to hold that Merson's bare denial of receipt did not rebut the presumption of electronic service.
• Grave Abuse of Discretion — Defined as the arbitrary or despotic exercise of power due to passion, prejudice, or personal hostility, or the whimsical, arbitrary, or capricious exercise of power amounting to an evasion or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law. It manifests in COMELEC resolutions issued despite lack of substantial evidence or in violation of the Constitution. The Court found none because the COMELEC resolutions were anchored on substantial evidence and statute.
• Substantial Evidence — The COMELEC's findings were supported by substantial evidence, including the barangay logbook, the joint affidavit of the barangay secretary and treasurer, and the barangay secretary's statement showing Marilyn reported for duty after her alleged resignation. This supported the cancellation of Merson's COC.

• "Any notice or document sent to the E-mail address provided in the COC shall be considered received by the candidate, and shall be binding on the candidate as if the notice or document had been personally served. The candidate shall be responsible for ensuring that the E-mail address or physical address provided in the COC is accurate and accessible at all times[.]" — This passage states the controlling rule on electronic service of summons, making service to the e-mail address in the COC binding on the candidate and defeating Merson's claim of non-receipt.
• "Case law defines "grave abuse of discretion" as the "arbitrary or despotic exercise of power due to passion, prejudice or personal hostility; or the whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law."" — This is the canonical definition of grave abuse of discretion used by the Court to test the COMELEC's actions.
• "Among other qualifications, Republic Act No. 10742 also requires that a candidate for a position in the SK "must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official, or to any incumbent elected regional, provincial, city municipal, or barangay official, in the locality where [they] seek to be elected."" — This passage identifies the anti-dynasty qualification that Merson falsely certified he satisfied.
• "Thus, Merson clearly misrepresented a material fact in relation to his qualifications in his COC. Following the law, his COC must be cancelled." — This is the Court's core conclusion on the substantive issue, directly tying the false certification to the cancellation of the COC.

• Beluso vs. Commission on Elections, 635 Phil. 436, 443 (2010) — Cited for the definition of grave abuse of discretion as the arbitrary or despotic exercise of power due to passion, prejudice, or personal hostility, or the whimsical, arbitrary, or capricious exercise of power amounting to evasion or refusal to perform a positive duty.
• De Alban vs. Commission on Elections, 921 Phil. 524 (2022) — Cited for the proposition that grave abuse of discretion manifests in COMELEC resolutions issued despite the lack of substantial evidence supporting their legal conclusions.
• Atty. Macalintal vs. Commission on Elections, 943 Phil. 212 (2023) — Cited for the proposition that grave abuse of discretion manifests when the COMELEC resolution violates the Constitution.

• Section 10, Republic Act No. 10742 — Provides the qualifications of a Sangguniang Kabataan official, including the requirement that the official must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where he or she seeks to be elected. The Court applied this provision to find Merson's Item No. 10 certification false because his mother was an incumbent SB Member.
• Section 78 in relation to Section 74, Omnibus Election Code — Governs the cancellation of and denial of due course to a certificate of candidacy for material misrepresentation. The Court applied this provision to sustain the cancellation of Merson's COC.
• COMELEC Resolution No. 10924, Sections 594(2), 594(8), and 169(n) — Establishes the rules on service of summons by e-mail, the requirement that the COC state an official e-mail address, and the rule that notices sent to that e-mail address are considered received and binding on the candidate. The Court applied these provisions to reject Merson's claim of non-receipt of summons.
• Article XI, Section 26, Constitution — Cited as the constitutional policy to prohibit political dynasties. The Court recognized Republic Act No. 10742 as the legislative answer to the constitutional call to define political dynasties at the barangay and SK levels.
• Rule 64, Rules of Court — Governs the Petition for Certiorari filed by Merson to assail the COMELEC Resolutions. The Court denied the Petition under this Rule.

Gesmundo, C.J.; Leonen, SAJ.; Caguioa; Hernando; Lazaro-Javier; Inting; Zalameda; Gaerlan; Rosario; Lopez; Dimaampao; Marquez; and Villanueva, JJ., concur. Singh, J., on leave.