Villaber v COMELEC GR No. 148326 11.15.01

F: Petitioner seeks to annul Comelec resolution disqualifying him as congressional candidate of Davao Del Sur and for the cancellation of his certificate of candidacy and denial of motion for reconsideration. Petitioner was disqualified upon the petition of his rival candidate for disqualification on grounds of his previous conviction in violation of BP 22 (bouncing check law) which constitutes moral turpitude, a ground for disqualification for electoral candidacy under the Omnibus Election Code.

I: WON a violation of BP 22 constitutes a disqualification for electoral candidacy.

R: A violation of BP 22 involves the following elements:

1. Accused makes, draws, issues any check to apply to account or for value;
2. Accused knows at the time of the issuance that there is no sufficient fund on the drawee bank for the payment of the check in full upon its presentment.
3. The check is subsequently dishonored by the drawee bank.

The presence of the 2nd element represents moral turpitude as stated in the ruling of People v Atty. Fe Tuanda where conviction for violation of BP 22 involves deceit and affects the good moral character of a person.