Gunsi Sr. vs. COMELEC G.R. No.

168792 February 23, 2009 Facts: Private respondent Sinsuat filed a petition for cancellation of the CoC of Gunsi in connection with May 10, 2004 elections based on the following grounds: (1) Gunsi was not a registered voter in the Municipality of South Upi, Maguidanao since he failed to sign his application for registration; (2) Gunsis name was inserted illegally in the List of Applicant and Voters by Alice Lim as acting election officer; and (3) the unsigned application for registration has no legal effect. Investigating officer Bedol issued a resolution recommending Gunsis disqualification to run for Mayor of South Upi. The COMELEC second division issued a resolution dismissing the petition for being moot and academic as Sinsuat was already proclaimed Mayor of South Upi. Subsequently, the same division issued another resolution because of the resolution issued by the COMELEC 1st division annulling the proclamation of Sinsuat and the possibility of re-canvassing of election returns. The COMELEC 2nd division declared in their subsequent resolution that Gunsi is disqualified to run as Mayor for being a non-registered resident of South Upi, Maguidanao. The motion for reconsideration filed by Gunsi was denied by the COMELEC en banc. Hence, this petition. Issue: Whether or not failure to sign the application for registration to vote invalidates the same. Held: The Supreme Court ruled that Gunsis arguments are annihilated by Section 10 of RA 8189 which provides that the application for registration shall contain 3 specimen signatures of the applicant, clear and legible rolled prints of his left and right thumbprints, with four identification copies of his latest photograph, attached thereto, to be taken at the expense of the Commission. Plainly, the irregularities surrounding Gunsis application for registration eloquently proclaim that he did not comply with the minimum requirements of RA 8189. This leads to only once conclusion: that Gunsi, not having demonstrated that he duly accomplished an application for registration, is not a registered voter. In short, the cancellation of Gunsis CoC by the COMELEC and his consequent disqualification from running as Mayor was correct.