Gunsi Sr vs COMELEC Digest

Gunsi Sr. vs. COMELEC G.R. No. 168792 February 23, 2009 Facts: Private respondent Sinsuat filed a petition for cancellation of the CoC of Gunsi in connection with May 10, 2004 elections based on the following grounds: grounds: (1) Gunsi was not a registered voter in the Municipality of South Upi, Maguidanao since he failed to sign his application for registration; (2) Gunsi’s name was inserted illegally in the List of Applicant and Voters by Alice Lim as acting election officer; and (3) the unsigned application for registration has no legal effect. Investigating officer Bedol issued a resolution recommending Gunsi’s disqualification disqualification to run for Mayor of South Upi. The COMELEC second division issued a resolution dismissing the petition for being moot and academic as Sinsuat was already proclaimed Mayor of South Upi. Subsequently, Subsequently, the same division issued another resolution because of the resolution issued by the COMELEC 1 st division annulling the proclamation of Sinsuat and the possibility of re-canvassing of election returns. The COMELEC 2 nd division declared in their subsequent resolution that Gunsi is disqualified to run as Mayor for being a non-registered resident of South Upi, Maguidanao. The motion for reconsideration filed by Gunsi was denied by the COMELEC en banc. Hence, this petition. Issue: Whet Whethe herr or not not fail failur ure e to sign sign the the appl applic icat atio ion n for for regi regist stra rati tion on to vote vote invalidates the same. Held:  The Supreme Court ruled that Gunsi’s arguments are annihilated by Section 10 of RA 8189 which provides that “the application for registration shall contain 3 specimen signatures of the applicant, clear and legible rolled prints of his left and right thumbprints, with four identification copies of his latest photograph, attached thereto, to be taken at at the expense of the Commission Commission.” .” Plainly, the irregularities irregularities surrounding Gunsi’s application for registration eloquently proclaim that he did not comp comply ly with with the the mini minimu mum m requ requir irem emen ents ts of RA 81 8189 89.. This This lead leads s to only only once once conclusi conclusion: on: that Gunsi, not having having demonstr demonstrated ated that he duly accomplish accomplished ed an application for registration, is not a registered voter. In short, the cancellation of  Gunsi’s CoC by the COMELEC and his consequent disqualification from running as Mayor was correct.