SC reverses Comelec ruling revoking Kalinga town councilor bet’s COC over missing comma

ILOCOS SUR, Philippines – A winning candidate for a city council in Kalinga province, who was prevented from taking his post due to a comma, is set to assume his seat after the Supreme Court (SC) overturned the decision of the Commission on Elections (Comelec).

The High Court ruled that Errol Comafay Jr.’s missing comma in the residential address he listed on his election form did not constitute material misrepresentation.

He ran in the 2025 midterm elections, receiving the most votes with over 6,000, ahead of his closest rival, but he was not proclaimed after he was disqualified due to the issue. Known for his anti-corruption advocacy, he ran on a reform platform.

The High Court said the Comelec applied an “overly literal and narrow interpretation” of what constitutes material misrepresentation when it canceled Comafay’s certificate of candidacy for the 2025 midterm polls. The January 14 decision was made public on Friday, January 16, on the SC website.

The dispute centered on how Comafay, who ran for a city council seat, wrote his address on his COC. In one part of the form, he wrote: “TARAKI NATIONAL RD PUROK 5” without a comma. In another part, he wrote: “TARAKI, NATIONAL RD, PUROK 5, BRGY. BULANAO, TABUK CITY, KALINGA” — with commas separating the geographic locations.

Paquinto Sallaya later filed a petition to cancel Comafay’s COC, alleging that no “Taraki National Road” existed in Barangay Bulanao or anywhere in Tabuk City.

Comafay denied the allegation and argued he had no intent to deceive voters when he stated his address in the COC. He submitted documents to support his position.

Comelec’s Second Division granted Sallaya’s petition, ruling that the lack of a comma in the address amounted to material misrepresentation and that Comafay deliberately misled Comelec and voters by providing a false address. The Comelec en banc affirmed the decision.

Harmless, no bad faith

The SC disagreed. It cited Section 78 of the Omnibus Election Code, which provides that a petition to deny due course or cancel a COC may be granted only upon clear proof that a candidate made a false material representation regarding qualifications such as residency, age, or citizenship.

The Court said cancellation requires a misrepresentation that is both material and false: material because it concerns a candidate’s qualifications for office, and false because the candidate knowingly and deliberately made an untrue statement with the intent to deceive Comelec or voters.

Applying these standards, the Court held that the missing comma did not affect Comafay’s qualifications. The omission was harmless because it did not change the meaning of the address or relate to his qualifications.

The Court also found no bad faith on Comafay’s part, citing that he stated his address with a comma in the same document and consistently used this in almost all his transactions, legal documents, and identification cards for more than a decade.

‘A win for the people’

Comafay, in a Facebook post, hailed the ruling as a “win” for the residents of Tabuk City.

“Ito ay panalo ng lahat ng galit sa korapsyon at lahat ng nagpapahalaga sa demokrasya,” he stated.

(This is a win for everyone who is angry at corruption and everyone who values democracy.)

According to Comafay, the electorate’s support convinced the SC that there was nothing wrong with the address he used. He also noted that the Court decided the case quickly so he could serve.

“Ang decision ng Supreme Court ang patunay na dapat ang taumbayan ang pumipili ng mga kandidatong maglilingkod at hindi ang iilang tao lamang,” he said.

(The Supreme Court decision proves that it is the people, and not just a few, who should choose the candidates who will serve.)

He thanked his supporters for their backing and prayers, and pledged to intensify efforts against corruption if he assumes office. – Rappler.com