TABUK CITY, Kalinga – The Second Division of the Commission on Elections (Comelec) disqualified an aspirant for city councilor in the upcoming May 12, 2025 mid-term elections after finding that he allegedly committed material misrepresentation in his certificate of candidacy (COC).
In a 6-page resolution signed by Presiding Commissioner Rey E. Bulay and Commissioner Nelson J. Celis, the poll body found lawyer Errol Bangloy Comafay, Jr. an aspirant for city councilor in the upcoming elections, to have willfully sought to mislead and misinform both the poll body and the electorate of Tabuk by falsely asserting his eligibility for the said position.
“His (Comafay) deliberate misrepresentation of material facts in his COC constitutes blatant disregard for the integrity of the electoral process. As a direct consequence of such material misrepresentation, he shall be declared ineligible to run for the office for which he filed his COC,” the resolution stressed.
On October 6, 2024, Comafay filed his COC for city councilor for the May 12, 2025 mid-term elections.
On October 16, 2024, Paquinto B. Sallaya filed a petition against Comafay where he argued that the latter’s COC contained material misrepresentation when he stated that his residence or mailing address is Taraki National road, Purok 5, Bulanao, Tabuk City, Kalinga.
However, the petitioner argued that there is no Taraki National road in barangay Bulanao or anywhere in Tabuk city, Kalinga.
Sallaya attached a certificate from the office of the punong barangay of Bulanao certifying that pas per record, there is no existing Taraki National road within their jurisdiction.
Comafay asserted that he met the residency requirement to qualify as a candidate for the position of city councilor and that it remains unconvincing.
The Comelec found that nowhere in Comafay’s answer that he denied the barangay certification issued on October 11, 2024 and its contents.
“With this, we are inclined to give more weight to the evidence presented by the petitioner than that of the respondent. Petitioner presented a certification duly issued by the barangay in the regular performance of their duty. The content of which is clear denying jurisdiction on the indicated residence of the respondent in his filed COC. Respondent did not deny the issuance of the said certification. Also, respondent failed to provide substantial evidence to refute the same,” the resolution said.
The Comelec explained that the presumption of regularity in the performance of official duties is an aid to the effective and unhampered administration of government functions. Without such benefit, every official action could be negated with minimal effort from litigants, irrespective of merit or sufficiency of evidence to support such challenge.
The poll body emphasized that the body of jurisprudence has been consistent in requiring nothing short of clear and convincing evidence to the contrary to overthrow such presumption and that the aforesaid case is no different.
The decision reiterated that Comafay’s reliance on the attached documents in his answer does not disprove the barangay certification presented by the petitioner aggravated by the fact that he presented no barangay certificate of residency to disprove the same.
It pointed out that such an omission is not merely an oversight but a willful act of deception that undermines the fundamental principles of transparency, accountability and ethical conduct in the electoral process.
“This Commission as the guardian of electoral integrity cannot condone such actions. The sanctity of elections is predicated on the electorate’s right to make informed choices, free from deceit or misrepresentation. In the absence of credible evidence providing his compliance with the residency requirement, his candidacy remains legally infirm and must be declared ineligible,” the resolution stipulated.
More importantly, public office is a public trust, thus, as a candidate aspiring for public office, Comafay is expected to embody the highest standards of integrity and moral uprightness, remaining free from even the slightest hints of impropriety or indecency. The electorate deserves leaders whose character and conduct reflect the trust and responsibility inherent in public service. Depriving voters of material information concerning a candidate’s qualification corrodes the democratic process and compromises the electorate’s ability to exercise their sovereign will with full awareness of the candidate’s qualifications and moral fitness.
The Comelec underscored that material misrepresentation in a COC constitutes an election offense as expressly provided under the Omnibus Election code, thus, the records of the case was transmitted to the law department for the conduct of preliminary investigation relative to the election offense aspect of the said case.
Comafay reportedly filed a motion for reconsideration which is now being heard by the Commission en banc.
