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Supreme Court Overturns Comelec Decision on Kalinga Candidate’s Missing Comma Case

Manila: The Supreme Court (SC) has overturned the Commission on Elections' (Comelec) ruling that disqualified a candidate in Tabuk City, Kalinga, due to a missing comma in his affidavit that allegedly misrepresented his residential address.

According to Philippines News Agency, the decision, authored by Associate Justice Ramon Paul Hernando, granted Errol Comafay Jr.'s petition for certiorari, reversing Comelec's earlier cancellation of his certificate of candidacy (COC) for the position of Sangguniang Panlungsod member in the previous year's elections. The SC determined that the absence of a comma in Comafay's address did not constitute material misrepresentation.

Comafay's COC listed his address as 'TARAKI NATIONAL RD PUROK 5,' without a comma, while elsewhere in the document, he had written it as 'TARAKI, NATIONAL RD, PUROK 5, BRGY. BULANAO, TABUK CITY, KALINGA.' A petition was filed by Paquinto Sallaya with Comelec to cancel Comafay's COC, arguing that 'Taraki National Road' did not exist in Barangay Bulanao or Tabuk City.

In response, Comafay denied any intention to deceive voters. He submitted supporting documents such as his Unified Multi-Purpose ID, previous COCs, personal data sheet, and Statement of Assets, Liabilities and Net Worth. Despite Comafay's defense, Comelec's Second Division sided with Sallaya, ruling that the missing comma constituted material misrepresentation.

The Supreme Court countered this by clarifying that for a COC to be canceled, the misrepresentation must be "material and false," impacting a candidate's qualifications and be made with intent to deceive. The court concluded that the missing comma neither affected Comafay's qualifications nor altered the meaning of his address.

Furthermore, the SC noted the absence of bad faith from Comafay, highlighting that he accurately listed his address elsewhere in the same document and consistently used the same address in various official records and identification cards for over ten years. The SC criticized Comelec for an "overly literal and narrow interpretation" of material misrepresentation.