Monsale v Nico

Monsale v. Nico G.R. No. L-2539, May 28, 1949 FACTS Jose FACTS  Jose F. Monsale Monsale withdrew his certificate of candidacy on October 10, 1947, but, on Noveber 7, atte!ted to revive it by withdrawin" his withdrawal. #he $oission on %lections, however, ruled on Noveber & that the !rotestant could no lon"er be a candidate in s!ite of his desire to withdraw his withdrawal. ' canvass of the election returns showed that the !rotestee (aulino M. Nico received ),)91 votes* another candidate, +re"orio Fa"utao, 1), votes* and the !rotestant Jose F. Monsale, none, evidently because the votes cast in his favor had not been counted for the reason that he was not a re"istered candidate. $onse-uently, Nico was !roclaied elected. !SS"# hether !SS"#  hether or not a candidate who has withdrawn his certificate of candidacy ay revive it, either by withdrawin" his letter of withdrawal or by filin" a new certificate of candidacy, after the deadline !rovided by law for the filin" of such certificate./// certificate. /// R"L!NG #here is no -uestion as to the ri"ht of a candidate to withdraw or annul his own certificate of  candidacy, there bein" no le"al !rohibition a"ainst such withdrawal. #herefore, on October 10, or thirty one days before the election, the !rotestant ceased to be a candidate by his own voluntary act, and as a atter of fact the boards of election ins!ectors of the unici!ality of Mia"ao were duly notified of his withdrawal. is letter to the $oission on %lections dated Noveber , 1947, which the subscribed and swore to before a notary !ublic on Noveber 7, whereby he withdrew his withdrawal of his certificate of  candidacy, can only be considered as a new certificate of candidacy which, havin" been filed only four  days before the election, could not le"ally be acce!ted under the law, which e2!ressly !rovides that such certificate should be filed at least si2ty da ys before the election./// election. ///