The Supreme Court has denied the petition of Merson C. Calubag (Merson), affirming the cancellation of his certificate of candidacy (COC) for Sangguniang Kabataan (SK) Chairperson of Barangay Magtangale, San Francisco, Surigao del Norte in the 2023 Barangay and Sangguniang Kabataan Elections (2023 BSKE). The Court upheld the resolutions of the Commission on Elections (COMELEC) Second Division and the COMELEC En Banc finding that Merson materially misrepresented a qualification in his COC.
The Case
On August 28, 2023, Merson filed his COC for SK Chairperson of Barangay Magtangale. On September 2, 2023, private respondent Kimberly P. Joseph (Kimberly) filed a petition seeking to cancel and deny due course to Merson's COC. Kimberly alleged that Merson's mother, Marilyn C. Calubag (Marilyn), was an incumbent member of the Sangguniang Barangay (SB) of Barangay Magtangale at the time Merson filed his COC. To support the petition, Kimberly attached Marilyn's oath of office as SB Member dated June 25, 2018, and her Barangay Official Information Sheet indicating that one of her beneficiaries is her son, Merson C. Calubag.
Merson did not file an answer or any responsive pleading despite receipt of the COMELEC's summons. After the COMELEC Second Division cancelled his COC, Merson moved for reconsideration, claiming his mother had resigned from her post on August 25, 2023 — three days before he filed his COC. He attached a copy of Marilyn's resignation letter ostensibly dated August 25, 2023. Kimberly opposed the motion, presenting the barangay logbook showing Marilyn still reported for duty on August 30, 2023, a joint affidavit of the barangay secretary and treasurer attesting to the same, and a sworn statement from the barangay secretary that Marilyn approached him on September 1, 2023 to seek assistance in drafting her resignation letter, and that it was only on September 6, 2023 that Marilyn handed her resignation letter to the members of the barangay council.
The Issue
The central question was whether the COMELEC committed grave abuse of discretion in cancelling Merson's COC on the ground that he misrepresented in his COC that he is not related, within the second civil degree of consanguinity or affinity, to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where he seeks to be elected — a qualification required under Section 10 of Republic Act No. 10742.
The Ruling
The Supreme Court denied the petition and affirmed the COMELEC resolutions in full. The Court's dispositive portion states: "ACCORDINGLY, the Petition is DENIED. The Resolution dated October 10, 2023 of the Commission on Elections Second Division, and the Resolution dated January 24, 2025 of the Commission on Elections En Banc in SPA No. 23-023 (BRGY) are AFFIRMED in toto. The certificate of candidacy filed by petitioner Merson C. Calubag for the position of chairperson, Sangguniang Kabataan of Barangay Magtangale, San Francisco, Surigao del Norte for the 2023 Barangay and Sangguniang Kabataan Elections is DENIED DUE COURSE and CANCELLED."
The Court also directed that a copy of the decision be furnished to the House of Representatives and the Senate of the Philippines for their reference.
By the Numbers
- G.R. No. 279008
- August 28, 2023 — date Merson filed his COC
- August 25, 2023 — date Merson claimed his mother resigned
- August 30, 2023 — date barangay logbook shows Marilyn still reported for duty
- September 1, 2023 — date barangay secretary attested Marilyn sought help drafting her resignation letter
- September 6, 2023 — date Marilyn actually handed her resignation letter to the barangay council
- October 10, 2023 — COMELEC Second Division resolution cancelling Merson's COC
- January 24, 2025 — COMELEC En Banc resolution denying Merson's motion for reconsideration
- 216 of 253 legislative districts represented by individuals with at least one relative previously or currently elected to public office, as of 2024, per the Philippine Center for Investigative Journalism
- 113 of 149 Philippine cities helmed by mayors belonging to political dynasties, as of the time of the decision
The Court's Reasoning
The Court found that substantial evidence contradicted Merson's claim that his mother had already resigned before he filed his COC. The barangay logbook, the joint affidavit of barangay officials, and the barangay secretary's sworn statement all showed that Marilyn was still an incumbent SB Member at the time Merson filed his COC on August 28, 2023. The Court noted that in his petition before the Court, Merson avoided altogether the evidence presented by Kimberly and instead insisted, despite evidence to the contrary, that his mother resigned on an earlier date.
The Court held that because the COMELEC's ruling was anchored on substantial evidence and statute, it could not be considered as issued with or tainted by grave abuse of discretion, and must be sustained.
The Court also recognized the legislative framework of Republic Act No. 10742 as the Legislature's answer to the constitutional call to define political dynasties at the barangay and SK levels, noting that apart from this law, no law before or since has provided a workable definition of what constitutes a political dynasty, and that Republic Act No. 10742 is restricted in its application to those seeking SK election.
Source: Supreme Court of the Philippines, G.R. No. 279008, decided October 2025. The ponente's signature appears on the decision; the full name of the ponente is not legible in the published text excerpt.
This report summarizes a public Supreme Court decision and is not legal advice.