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Pilar vs. Comelec

Juanito filed to run for local office but later withdrew his candidacy. The document discusses whether he still must file a Statement of Contributions and Expenditures (SOCE) despite withdrawing. It says that past rulings by the Supreme Court have found that any candidate, whether they pursued their campaign or withdrew, must still file an SOCE. It also notes that a penalty of perpetual disqualification from public office can be imposed on candidates who repeatedly fail to submit this statement. The Supreme Court has ruled that this penalty does not violate the Constitution by being too excessive or harsh.

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Erwin E Nad
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44 views1 page

Pilar vs. Comelec

Juanito filed to run for local office but later withdrew his candidacy. The document discusses whether he still must file a Statement of Contributions and Expenditures (SOCE) despite withdrawing. It says that past rulings by the Supreme Court have found that any candidate, whether they pursued their campaign or withdrew, must still file an SOCE. It also notes that a penalty of perpetual disqualification from public office can be imposed on candidates who repeatedly fail to submit this statement. The Supreme Court has ruled that this penalty does not violate the Constitution by being too excessive or harsh.

Uploaded by

Erwin E Nad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Withdrawal of Candidate’s Certificate of Candidacy and Submission of

His Statement of Contributions and Expenditures

Juanito filed his Certificate of Candidacy for the local elective position of member of the
Sangguniang Panlalawigan. He later withdrew his Certificate of Candidacy. Does Juanito’s withdrawal
of his Certificate of Candidacy exempt him from filing of Statement of Contributions and Expenditures
(SOCE)?

Nope. Section 14 of RA 7166 requires “every candidate” to file his SOCE within thirty (30)
days after the day of the election. In Pilar vs. Comelec, G.R. No. 115245 July 11, 1995, the Supreme
Court explained that the term “every candidate” refers not only to a candidate who pursued his
campaign, but also to one who withdrew his candidacy. The law does not make any qualification as to
whether the candidate pursued his candidacy or withdrew the same.

In Maturan vs. Comelec, G.R. No. 227155, March 28, 2017, the Supreme Court stressed that the
penalty of perpetual the penalty of perpetual disqualification to hold public office may be properly
imposed on a candidate for public office who repeatedly fails to submit SOCE.

As to whether or not the said penalty of perpetual disqualification is violative of the


Constitution for being excessive, harsh and cruel, the highest tribunal in Labao ruled in the negative.
To quote the Supreme Court:

“We have already settled that the constitutional proscription under the Bill of
Rights extends only to situations of extreme corporeal or psychological punishment that
strips the individual of his humanity. The proscription is aimed more at the form or
character of the punishment rather than at its severity xxx.”

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