The power of the Supreme Court to determine the qualifications of a presidential candidate vests only if there is an "election contest", i.e., after the election has been held

“x x x.

However, despite ruling that the COMELEC is devoid of jurisdiction, the ponencia proceeded to rule on the citizenship and residency qualifications of petitioner, vesting in the Supreme Court the primary jurisdiction to decide the qualifications of presidential and vice-presidential candidates before the elections. Consequently, the ponencia declared that "petitioner is a QUALIFIED CANDIDATE for President in the 9 May 2016 National Elections." There is, however, no constitutional or statutory provision empowering this Court to initially decide the qualifications of presidential and vice-presidential candidates before the elections. Under Section 4, Article VII of the Constitution, 12 the jurisdiction of the Court vests only if there is an "election contest," which means after the elections as held in Tecson v. COMELEC. X x x.

X x x.”

Senior Supreme Court Associate Justice Antonio Carpio

Dissenting Opinion in: 

MARY GRACE NATIVIDAD S. POE LLAMANZARES, petitioner, v. COMMISSION ON ELECTIONS and ESTRELLA C. ELAMPARO, respondents, G.R. No. 221697, April 5, 2016.

MARY GRACE NATIVIDAD S. POE LLAMANZARES, petitioner, v. COMMISSION ON ELECTIONS, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS and AMADO D. VALDEZ, respondents, G.R. Nos. 221698-700, April 5, 2016.

221697_carpio.pdf

SC.JUDICIARY.GOV.PH