Garvida v.
Sales
G.R. 124893, April 18, 1997
FACTS:
March 16, 1996, petitioner applied for registration as member and voter of the Katipunan ng Kabataan
of Barangay San Lorenzo, Bangui, Ilocos Norte. The Board of Election Tellers, however, denied her
application on the ground that petitioner, who was then twenty-one years and ten (10) months old,
exceeded the age limit for membership in the Katipunan ng Kabataan as laid down in Section 3 of
COMELEC Resolution No. 2824.
On April 2, 1996, petitioner filed a “Petition for Inclusion as Registered Kabataang Member and Voter”
with the Municipal Circuit Trial Court, Bangui- Pagudpud-Adams-Damalneg, Ilocos Norte. In a decision
dated April 18, 1996, the said court found petitioner qualified and ordered her registration as member
and voter in the Katipunan ng Kabataan. The Board of Election Tellers appealed to the Regional Trial
Court, Bangui, Ilocos Norte. The presiding judge of the Regional Trial Court, however, inhibited himself
from acting on the appeal due to his close association with petitioner.
On April 23, 1996, petitioner filed her certificate of candidacy for the position of Chairman, Sangguniang
Kabataan, Barangay San Lorenzo, Municipality of Bangui, Province of Ilocos Norte. In a letter dated April
23, 1996, respondent Election Officer Dionisio F. Rios, per advise of Provincial Election Supervisor Noli
Pipo,disapproved petitioner’s certificate of candidacy again due to her age.
Petitioner, however, appealed to COMELEC Regional Director Filemon A. Asperin who set
aside the order of respondents and allowed petitioner
to run.
On May 2, 1996, respondent Rios issued a memorandum to petitioner informing her of her ineligibility
and giving her 24 hours to explain why her certificate of candidacy should not be disapproved.
Earlier and without the knowledge of the COMELEC officials, private respondent Florencio G. Sales, Jr., a
rival candidate, filed with the COMELEC en banc a “Petition of Denial and/or Cancellation of Certificate
of Candidacy” against petitioner Garvida for falsely representing her age qualification in her certificate
of candidacy. Petition alleged that the said respondent is disqualified to become a voter and a candidate
for the SK for the reason that she will be more than twenty-one (21) years of age on May 6, 1996 and
that she was born on June 11, 1974 as can be gleaned from her birth certificate.
When the elections results came in, Garvida won with a vote of 78, while Sales got 76. Garvida was
eventually proclaimed as winner but had to face the petition filed by Sales.
Garvida, in her defense, averred that Section 424 of the Local Government Code (LGC) provides that
candidates for the SK must be at least 15 years of age and a maximum age of 21 years. Garvida states
that the LGC does not specify that the maximum age requirement is exactly 21 years hence said
provision must be construed as 21 years and a fraction of a year but still less than 22 years – so long as
she does not exceed 22 she is still eligible because she is still, technically, 21 years of age (although she
exceeds it by 9 months).
ISSUE: Whether or not Garvida met the age requirement.
HELD:
No. Section 424 of the Local Government Code provides that candidates for SK must be, amongst others,
15 but not more than 21 years of age and duly registered in the list of the Sangguniang Kabataan or in
the official barangay list.
The provision that an elective official of the SK should not be more than 21 years of age on the day of his
election is very clear. The Local Government Code speaks of years, not months nor days. When the law
speaks of years, it is understood that years are of 365 days each. 34 One born on the first day of the year
is consequently deemed to be one year old on the 365th day after his birth — the last day of the year.
35 In computing years, the first year is reached after completing the first 365 days. After the first 365th
day, the first day of the second 365-day cycle begins. On the 365th day of the second cycle, the person
turns two years old. This cycle goes on and on in a lifetime. A person turns 21 years old on the 365th day
of his 21st 365-day cycle. This means on his 21st birthday, he has completed the entire span of 21 365-
day cycles. After this birthday, the 365-day cycle for his 22nd year begins. The day after the 365th day is
the first day of the next 365-day cycle and he turns 22 years old on the 365th day.
The phrase “not more than 21 years of age” means not over 21 years, not beyond 21 years. It means 21
365-day cycles. It does not mean 21 years and one or some days or a fraction of a year because that
would be more than 21 365-day cycles. “Not more than 21 years old” is not equivalent to “less than 22
years old,” contrary to petitioner’s claims. The law does not state that the candidate be less than 22
years on Election Day.
