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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

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

FRANCISCO ORTIZ, Petitioner, v. HON. COMMISSION ON ELECTIONS, PRIMITIVO R. PASTA, ET AL., Respondents.

Jose W. Diokno for Petitioner.

Ramon Barrios for Respondents.


SYLLABUS


ELECTION CODE; FAILURE TO COMPLY WITH CERTAIN PROVISIONS THEREOF; FAILURE TO BE ELECTED; EFFECT THEREOF. — Considering the possibility that the respondents — except the Commission on Elections — failed to be elected in the elections held in 1963 — which if true, would render the petition to declare invalid the certificates of candidacy of said respondents — 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 respondents’ income tax returns and tax census statements for the years 1961 and 1962, academic — the petitioner is required to show cause why the petition for review should not be dismissed.


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 respondents’ 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.

Considering the possibility that the respondents — except the Commission on Elections — 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.

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