The Commission on Elections (Comelec) First Division has junked the disqualification cases filed against former Mauban Mayor Fernando Q. Llamas and former Mauban Vice Mayor Leonchito Gapasangra.

In separate resolutions promulgated on Feb. 3, 2010, the poll body dismissed the disqualification pleas against the two former Mauban officials bets for lack of merit.

Llamas and Gasapangra are running for the position of municipal mayor and municipal vice mayor, respectively under the Lakas-Kampi-CMD banner.

Their political rivals in Mauban filed the disqualification cases against Llamas and Gapasangra due to alleged misrepresentation and that their CoCs were not notarized in accordance with the rules on Notarial Practice.

The Comelec cited a Supreme Court ruling which held that, “in order to justify the cancellation of the certificate of candidacy under Section 78, it is essential that the false representation mentioned therein, pertain to a material matter.”

The poll body ruled that the material representation contemplated by Section 78 of the Omnibus Election Code refers to qualifications for elective office. It also said that it could not have been the intention of the law to deprive a person of such a basic and substantive political right to be voted for public office upon just any innocuous mistake.

Aside from the requirements of materiality, a false representation under section 788 must consist of a “deliberate attempt to mislead, misinform or hide a fact which would otherwise render a candidate ineligible.” In other words, it must be made with an intention to deceive the electorate as to one’s qualifications for public office, it said in its resolution.

After reviewing the respondents CoC, the second division finds no deliberate and willful false representation of a material fact in respondent’s CoC that would warrant its cancellation or denial pursuant to the provisions of the law and the doctrines enunciated by the Supreme Court.

The body also ruled that the CoC has been subscribed under oath and in good faith before a person duly authorized to administer oath.