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De Guzman v.

Provincial Board of Canvassers of La Union


G.R. No. 24721, November 3, 1925, 48 PHIL 211-21
FACTS: It is alleged in the petition that the respondent provincial board of canvassers met on June 22,
1925, for the purpose of counting the votes cast in the election for provincial officers and certifying the
result of the count, and after gathering all the election returns, it found that the petitioner had obtained
7,662 votes and the respondent Juan T. Lucero 8,771 votes. They provided that the original of the
certificate of candidacy of the respondent Juan T. Lucero was not duly sworn to, as required by law, while
the certificate of candidacy of the petitioner Tomas de Guzman, was prepared and filed in accordance
with the requirements of the law. As provided in section 404 of the Election Law, the respondent
provincial board of canvassers adjudicated the 8,771 votes to the respondent, and afterwards, proclaimed
and certified him as governor-elect of the Province of La Union.
ISSUE: Whether or not the respondent has filed a certificate of candidacy in accordance with the law, and
in case he has not, whether the writ applied for should be issued.
RULING: The Supreme Court held that while Act No. 3030, in its section 3, requires the candidate to file a
"certificate of candidacy duly verified," that is, sworn to, in order that he may be eligible, yet the
lack of oath of the certificate of candidacy, while fatal to the recognition of the status of the candidate
before election, is not a sufficient ground for annulling his election after the people has manifested its will,
the provincial secretary having certified that Said candidate was a legal candidate for the office.