Third, we cannot likewise agree with the private respondents' theory that the quantum of evidence necessary to overturn the factual findings of the COMELEC should be clear and convincing evidence, as it misappreciates that we nullified the COMELEC's findings because it used the wrong considerations in arriving at its conclusions.

The private respondents fail to realize that the important considerations in the present case relate to questions bearing on the cancellation of the COC that they prayed for; the main critical points are the alleged deliberate misrepresentation by Mitra and the underlying question of his residency in Aborlan, Palawan.

 x x x x

If there is any similarity at all in Velasco and the present case, that similarity is in the recognition in both cases of the rule of law.  In Velasco, we recognized - based on the law - that a basic defect existed prior to his candidacy, leading to his disqualification and the vice-mayor-elect's assumption to the office. In the present case, we recognize the validity of Mitra's COC, again on the basis of substantive and procedural law, and no occasion arises for the vice-governor-elect to assume the gubernatorial post.^[23]

 

ABRAHAM KAHLIL B. MITRA, PETITIONER, VS. COMMISSION ON ELECTIONS, ANTONIO V. GONZALES AND ORLANDO R. BALBON, JR., RESPONDENTS.