Supreme Court decision · Election Law

Ortiz v. Commission on Elections

G.R. No. L-22065 · Promulgated February 10, 1967 · Ponente: Dizon

In brief

This case is about a petition to annul the certificates of candidacy for failure to comply with the requirement of waiving privilege from disclosure of income tax returns under the Election Code.

Election Code, Certificate of Candidacy, Income Tax Returns Waiver, Petition to Annul, Commission on Elections

Related cases

G.R. No. L-25907 Lloren v. Court of Appeals (Previous decision in Election Law)
G.R. No. L-24415 Morales v. Tuguinay (Next decision in Election Law)

Full text

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-22065 February 10, 1967

FRANCISCO ORTIZ, petitioner,
vs. HON. COMMISSION ON ELECTIONS, PRIMITIVO R. PASTA, ET AL., respondents.

Jose W. Diokno for petitioner. Ramon Barrios for respondents.

R E S O L U T I O N

DIZON, J.:

This is a petition to review and annul the resolution of the respondent Commission on Elections of October 17, 1963 denying petitioner's petition to declare invalid the certificates of candidacy filed by the other respondents herein, for failure to comply with the provisions of Section 32 of the Revised Election Code, as amended by Republic Act No. 3522, in that said certificates of candidacy did not contain a waiver of the privilege from public disclosure of said respondent's income tax returns and tax census statements for the years 1961 and 1962. Instead, said Commission advised its co-respondents to file, immediately, amended certificates of candidacy including said waiver, even after the lapse of the period for the filing thereof.1äwphï1.ñët

Considering the possibility that the respondents except the Commission on Election failed to be elected in the elections held in 1963 which, if true, would render the present case academic the petitioner, Francisco Ortiz, is hereby required to show cause, within five days from notice, why the petition for review should not be dismissed.

Concepcion, C.J., Reyes, J.B.L., Regala, Makalintal, Bengzon, J.P., Zaldivar, Sanchez and Castro, JJ., concur.