Doctrine:
ELECTIONS; INELIGIBILITY OF CANDIDATE TO OFFICE. The right to an elective or
municipal office can be contested, under existing legislation, only after
proclamation. There is no authorized proceeding by which an ineligible candidate
could be estopped from running for office.
ELECTIONS; INELIGIBILITY OF CANDIDATE TO OFFICE; GOOD FAITH OF CANDIDATE.
Good faith does not cure a candidates ineligibility although it might be a good
defense in a criminal prosecution.
Facts:
The CFI of Tarlac declared, through a quo warranto proceeding, that respondent
Jose V. Yap was ineligible to be voted as municipal mayor for the municipality of
Victoria, Tarlac, and enjoined him from assuming office.
The court found that Yap was born on January 16, 1929, hence was less than 23
years of age when proclaimed elected.
Yap alleged that petitioner Mariano Castaeda is estopped from questioning the
eligibility of respondent considering that petitioner has knowledge of such
alleged ineligibility and he has failed to question the eligibility before or during
the election.
The trial court ruled in favor Castaeda holding that petitioner is not estopped
from questioning the eligibility notwithstanding petitioners knowledge of the
alleged ineligibility and failure to question the eligibility.
When he appealed the trial courts decision before the SC, he alleged that:
1. The trial court erred in holding that the petitioner is not estopped from
questioning his eligibility, notwithstanding petitioners knowledge and
failure to object
2. Assuming that the evidence on record is not sufficient to estop the
petitioner from questioning the eligibility, the trial court erred in refusing
the presentation of further evidence to establish the defense of estoppel
3. The lower court erred in declaring the respondent ineligible for municipal
mayor notwithstanding the fact that neither public nor private interest will
be served thereby
Issue:
Can estoppel be validly invoked by Yap? NO.
Held:
Estoppel was not set up as a defense in the answer to the complaint in this case.
Where it is necessary specially to plead estoppel, a finding that an estoppel
exists is unauthorized if facts constituting an estoppel are not pleaded.
Even if appellant had pleaded estoppel, the plea would not hold because the right to
an elective provincial or municipal office can be contested, under existing
legislation, only after proclamation.