III.

STATUTORY CONSTRUCTION RULES

25. Topic: When the law does not distinguish, courts should not distinguish.

G.R. 124893, April 18, 1997

LYNETTE G. GARVIDA v. FLORENCIO G. SALES, JR., THE HONORABLE COMELEC, ELECTION OFFICER
DIONISIO F. RIOS, and PROVINCIAL SUPERVISOR NOLI PIPO.

FACTS:

1. Garvida filed for a petition to annul and set aside the Order of COMELE (dated May 2, 1996)
for the suspension of her proclamation as winning candidate for SK Chairman Election of Brgy.
San Lorenzo, Municipality of Bangui, Ilocos Norte.

2. The suspension rooted from pending issue with COMELEC as she was already over aged to be
registered as member and voter of Katipunan ng Kabataan. At the time of filing of her
registration, she was already 21 years and 10 months old and which exceeded the age
requirement by Sec. 3 of COMELEC Resolution No. 2824.

3. She filed petition for her inclusion as member and voter of Katipunan ng Kabataan before the
MCTC and received a favorable decision. The COMELEC filed an appeal to RTC but was later
on, the court judge inhibited due to close association with the petitioner’s family.

4. She filed for her Certificate of Candidacy (COC) for the SK Chairman position. It was denied by
Election Officer Respondent, Dionisio Rios, pursuant to the advice of their Provincial Election
Supervisor, Noli Pipo due to her age requirement. Then she appealed to COMELEC Regional
Director and received another favorable decision.

5. Respondent Sales, petitioner’s opposing candidate for Chairmanship, unknowingly filed a

petition for cancellation of COC of the petitioner to the COMELEC en banc. Prior to this,
Respondent Rios, issued a memorandum of eligibility of the petitioner and ordered her to file
her comment as to why her COC should not be cancelled within 24 hours from the receipt
thereof.

6. The COMELEC en banc issued an order to suspend the proclamation if the petitioner Garvida
shall win the election, in response to the petition filed by the Respondent Sales.

7. Petitioner Garvida won the election and was not proclaimed pursuant to the Order of the
COMELEC en banc but was later on proclaimed by the COMELEC Board of Tellers without
prejudice on the order of the en banc.
8. The petitioner run for an election to the Pambayang Pederasyon ng mga Sanggunniang
Kabataan ng Bangui, Ilocos Norte and won Auditor position.

9. Hence, the instant petition was filed before the Court that the COMELEC en banc has no
jurisdiction over her case and she must be admitted to hold office because she was still 21
years of age at the time of election took place.

ISSUE: WHETHER OR NOT COMELEC EN BANC HAS THE JURISDICTION TO ORDER SUSPENSION
OF PROCLAMATION OF THE PETITIONER AS WINNING CANDIDATE OF THE ELECTION FOR
SK CHAIRMANSHIP.

WHETHER OR NOT THE PETITIONER SHOULD BE ALLOWED TO HOLD AN OFFICE

CONSIDERING THE QUESTION OF HER AGE REQUIREMENT.

WHETHER OR NOT WHAT PROVISIONS OF THE LAW SHALL APPLY ON THE CASE AT BAR.

Governing Laws on SK Membership and Elections:

a. Section 532 of the Local Government Code of 1991 – provides for the actual supervision of
COMELEC for the Election and be governed by the Omnibus Election Code.

b. Section 78 of Article IX of Omnibus Election Code – provides for the manner of filing of petition
for cancellation of candidacy.

Sec. 78. Petition to deny due course to or cancel a certificate of candidacy. — A

verified petition seeking to deny due course or to cancel a certificate of candidacy
may be filed by any person exclusively on the ground that any material
representation contained therein as required under Section 74 hereof is false. The
petition may be filed at any time not later than twenty-five days from the time of
filing of the certificate of candidacy and shall be decided, after due notice and
hearing, not later than fifteen days before election.

c. Rule 23 of the COMELEC Rules of Procedure provides that a petition to deny due course to or
cancel a certificate of candidacy for an elective office may be filed with the Law Department
of the COMELEC on the ground that the candidate has made a false material representation
in his certificate. The petition may be heard and evidence received by any official designated
by the COMELEC after which the case shall be decided by the COMELEC itself.

d. Under the same Rules of Procedure, jurisdiction over a petition to cancel a certificate of
candidacy lies with the COMELEC sitting in Division, not en banc. Cases before a Division may
only be entertained by the COMELEC en banc when the required number of votes to reach a
decision, resolution, order or ruling is not obtained in the Division. Moreover, only motions
 to reconsider decisions, resolutions, orders or rulings of the COMELEC in Division are resolved
by the COMELEC en banc. 16 It is therefore the COMELEC sitting in Divisions that can hear and
decide election cases.

Sec. 3. The Commission Sitting in Divisions. — The Commission shall sit in two (2)
Divisions to hear and decide protests or petitions in ordinary actions, special
actions, special cases, provisional remedies, contempt and special proceedings
except in accreditation of citizens' arms of the Commission.

GOVERNING PROVISIONS OF THE LAW ON THE QUESTION OF QUALIFICATION TO HOLD AN OFFICE FOR
SK.

1. Presidential Decree No. 684 in 1975 as the Kabataang Barangay, a barangay youth
organization composed of all residents of the barangay who were at least 15 years but less
than 18 years of age.

2. Batas Pambansa Blg. 337, then the Local Government Code OF 1983, raised the maximum age
of the Kabataang Barangay members from "less than 18 years of age" to "not more than 21
years of age.

3. The Local Government Code of 1991 changed the Kabataang Barangay into the Katipunan
ng Kabataan. It, however, retained the age limit of the members laid down in B.P. 337 at 15
but not more than 21 years old. 27 The affairs of the Katipunan ng Kabataan are administered
by the Sangguniang Kabataan (SK) composed of a chairman and seven (7) members who are
elected by the Katipunan ng Kabataan.

4. Membership in the Katipunan ng Kabataan is subject to specific qualifications laid down by

the Local Government Code of 1991, viz:

Sec. 424. Katipunan ng Kabataan. — The Katipunan ng Kabataan shall be

composed of all citizens of the Philippines actually residing in the barangay for at
least six (6) months, who are fifteen (15) but not more than twenty-one (21)
years of age, and who are duly registered in the list of the Sangguniang Kabataan
or in the official barangay list in the custody of the barangay secretary.

5. A member of the Katipunan ng Kabataan may become a candidate for the Sangguniang
Kabataan if he possesses the following qualifications:

Sec. 428. Qualifications. — An elective official of the Sangguniang Kabataan must

be a citizen of the Philippines, a qualified voter of the Katipunan ng Kabataan, a
resident of the barangay for at least one (1) year immediately prior to election, at
least fifteen (15) years but not more than twenty-one (21) years of age on the
day of his election, able to read and write Filipino, English, or the local dialect,
and must not have been convicted of any crime involving moral turpitude.
 6. For the May 6, 1996 SK elections, the COMELEC interpreted Sections 424 and 428 of the Local
Government Code of 1991 in Resolution No. 2824 and defined how a member of the
Katipunan ng Kabataan becomes a qualified voter and an elective official. Thus:

Sec. 3. Qualifications of a voter. — To be qualified to register as a voter in the SK

elections, a person must be:

a) a citizen of the Philippines;

b) fifteen (15) but not more than twenty-one (21) years of age on election
day that is, he must have been born between May 6, 1975 and May 6,
1981, inclusive; and

c) a resident of the Philippines for at least one (1) year and actually
residing in the barangay wherein he proposes to vote for at least six (6)
months immediately preceding the elections

Sec. 6. Qualifications of elective members. — An elective official of the SK must

be:

a) a qualified voter;

b) a resident in the barangay for at least one (1) year immediately prior
to the elections; and

c) able to read and write Filipino or any Philippine language or dialect or

English.

Cases involving the eligibility or qualification of candidates shall be

decided by the city/municipal Election Officer (EO) whose decision shall
be final.

COURT’s RULING:

1. No, the COMELEC en ba nc has no proper jurisdiction on the case at bar. Under Rule 23 of Rules
of COMELEC Procedures, the petition for cancellation on due course of Certificate of Candidacy
must be filed with their Law department and be heard by its designated COMELEC official and
under the same rule, Section, only COMELEC sitting in Division shall have the jurisdiction over
contests, protests and petitions on election unless otherwise majority votes are not attained.
Hence, the COMELEC en ban erred in rendering their decision to order the suspension of
proclamation of petitioner due to lack of jurisdiction.
2. No, the petition is not meritorious because the petitioner was already over aged at the time of
her election and is violable of the Sec. 428 of LGC 1991. There is no question that the petition is a
qualified member and voter of Katipunan ng Kabataan as Sec. 424 of LGC 1991 only provides for
the age bracket requirement from who are fifteen (15) but not more than twenty-one (21) years
of age. However, she is no longer eligible to run for an election to any position for Sangguniang
Kabataan because of her age has already lapsed the requirement of Sec 428 which is only for
those at least fifteen (15) years but not more than twenty-one (21) years of age on the day of
his election. Thus, she must have not yet to be 21 years old before her election as chairman,
except when during the service of a term they become 21 years of age, they are still allowed to
continue their unexpired term under Sec. 423 of LGC 1991.

The doctrine of dissimilium dissimilis est ratio applies to this case, the court may distinguish when
there are facts and circumstances that the legislature intended to distinguish or be qualified.

A closer look at the Local Government Code will reveal a distinction between the maximum age
of a member in the Katipunan ng Kabataan and the maximum age of an elective SK official.
Section 424 of the Code sets a member's maximum age at 21 years only. There is no further
provision as to when the member shall have turned 21 years of age. On the other hand, Section
428 provides that the maximum age of an elective SK official is 21 years old "on the day of his
election." The addition of the phrase "or the day of his election" is an additional qualification. The
member may be more than 21 years of age on election day or on the day he registers as member
of the Katipunan ng Kabataan. The elective official, however, must not be more than 21 years old
on the day of election. The distinction is understandable considering that the Code itself provides
more qualifications for an elective SK official than for a member of the Katipunan ng Kabataan