Republic of the Philippines

COMMISSION ON ELECTIONS
Manila
ELMER FELIX M. PORNEL,
Petitioner,
-versusJOEL MUNAR et al.,
Respondent.
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SPA No. (DC): 13-167

Petition to Deny Due Course to or
Cancel the Certificate of Candidacy of
Fernando Vallejo Gonzales

PETITION
COMES NOW THE PETITIONER
Commission, most respectfully states THAT:

and unto this Honorable

I. PARTIES
1. Petitioner, Elmer Felix M. Pornel is of legal age, Filipino and with
address at Pandan, Ligao City, Albay. The petitioner is a registered voter of
Precint 0169A in Barangay Pandan, Ligao City, Albay with Voter
Identification Number 0508-0169A-K2063EMP, as shown by the
Certification issued by this Honorable Commission dated October 18, 2012
and a Certified Xerox Copy of the List of Voters per precint level. Copies
thereof are hereto attached and marked as ANNEXES A and A-1,
respectively;
1.1. Petitioner may be served with summons and other
processes of this Honorable Commission at the address of the
undersigned counsel indicated below;
2. Respondent Fernando Vallejo Gonzalez (Gonzalez, for brevity) is
likewise of legal age, a Spanish national and a resident of Daang
Maharlika, Tuburan, Ligao City, Albay;
2.1. Respondent filed his Certificate of Candidacy for the
position of member of the House of Representatives for the 3 rd
District of the province of Albay on October 4, 2012 as nominee of
Liberal Party for the May 13, 2013 National and Local Elections. The
Certified Xerox Copy of the Certificate of Candidacy and the
Certificate of Nomination and Acceptance of the respondent are
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hereto attached and marked as ANNEXES B and B-1,

respectively;
2.2. Respondent may be served with summons and other
processes of this Honorable Commission at his residence indicated
above or at his office address at Room SWA-406, House of
Representatives, Batasang Pambansa Complex, Batasan
Road
Batasan Hills, Quezon City;
II. TIMELINESS OF THE PETITION
1. Comelec Resolution No. 9523 which was promulgated on
September 25, 2012 states:
The petition must be filed within five (5) days from the
last day of filing of certificate of candidacy but not later than
(25) days from the time of filing of the certificate of candidacy
subject of the Petition.
1.1. As stated above, respondent filed his Certificate of
Candidacy on October 4, 2012. This Petition is being filed
personally today, October
29, 2012, well within the twenty five
(25)-day period as provided above.
III. NATURE AND SUBJECT OF THE PETITION
1.This is a Petition to Deny Due Course to or Cancel Certificate of
Candidacy of Fernando Vallejo Gonzalez on the exclusive ground that
the material representations contained in his Certificate of Candidacy
as required by law are false;
1.1. In item 8 of his Certificate of Candidacy, the respondent
stated under oath that; 8. I AM A NATURAL BORN FILIPINO
CITIZEN, when in truth and in fact, he is a Spanish Citizen;

attached

1.1.1. A copy of the Birth Certificate of the respondent to

prove that his father was a Spanish citizen is hereto
and marked as ANNEX C hereof;

1.2. In Item 9 of his Certificate of Candidacy, the Respondent

stated under oath that 9. I AM NOT A PERMANENT RESIDENT OF,
OR AN IMMIGRANT TO A FOREIGN COUNTRY, when in truth and
in fact, he is a holder of an Alien Certificate of Registration No.
194309;
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1.2.1. A copy of the Alien Certificate of Registration which

the respondent himself claims to be his is hereto attached and
marked as ANNEX D hereof;
1.3. In item 10 of his Certificate of Candidacy, the respondent
claimed that: 10. I AM ELIGIBLE FOR THE OFFICE I SEEK TO BE
ELECTED TO, when in truth and in fact, he is not a natural born
Filipino Citizen, hence, he is disqualified to run as member of the
House of Representatives;
1.4. In item 16 of his Certificate of Candidacy, the respondent
claimed under oath that his: 16. PLACE OF BIRTH Ligao City,
Albay when his Alien Certificate of Registration No. 194309 clearly
states that his place of birth is Legazpi City, Philippines;
IV. COMPLIANCE WITH JURISDICTIONAL
AND PROCEDURAL REQUIREMENTS
1. Prior to the filing of the instant Petition, petitioner respectfully
manifests that a copy of the said Petition has been furnished to the
respondent by registered mail since personal service thereof is not feasible.
The Affidavit of the herein petitioner stating the reason or circumstances as
to why resort to registered mail as a mode of service was made is hereto
tached and marked as ANNEX E hereof while the proof of service of the
said Petition under Registry Receipt No. 5818 dated October 29, 2012 is
hereo attached as ANNEX E-1 hereof.
V. STATEMENT OF FACTS AND OF THE CASE
1. The respondent was born on September 11, 1940 to a Spanish
citizen father, Francisco V. Gonzales and a Filipino mother, Josefa P.
Vallego. A photocopy of respondents Certificate of Live Birth which just
registered on January 17,2006 and whose date was solely supplied by the
respondent himself, is already attached as Annex C above;
1.2. Having been born under the 1935 Constitution, the
respondent is considered a Spanish national unless he elects
Philippine Citizenship upon reaching the age of majority under Article
III, Section 1, subsection 4, of the 1935 Constitution, which states:
1) Those who are citizens of the Philippines islands at the time of
the adoption of this Consitution.
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2) Those born in the Philippine islands of foreign parents who,

before the adoption of this Constitution, had been elected to
public officein the Philippine islands.
3) Those whose fathers are citizens of the Philippines.
4) Those whose mothers are citizens of the Philippines and
upon reaching the age of majority, elect Philippine
citizenship.
5) Those who are naturalized in accordance with law. 1
1.3 On the other hand, Commonwealth Act No. 625 entitled An
Act Providing for the Manner in which the Option to Elect Philippine
Citizenship shall be declared by a Person Whose Mother is a Filipino
Citizen provides:
Section 1. The

Emphasis supplied.