7/17/2019 COQUILLAvsCOMELEC

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COQUILLA vs COMELEC

FACTS:

Coquilla was born on 1938 of Filipino parents in Oras, Eastern Samar. He grew up and resided

tere until 19!", wen e was subsequentl# naturali$ed as a %.S. &iti$en after 'oining te %S(a)#.

*n1998, e &ame to te +ilippines and too out a residen&e &ertifi&ate, altoug e &ontinuedmaing se)eral trips to te %nited States.

Coquilla e)entuall# applied for repatriation under -.. (o. 81/1 wi& was appro)ed. 0us, on

(o)ember 1, 2, e too is oat as a &iti$en of te +ilippines. On (o)ember 21, 2, e applied for registration as a )oter of utnga, Oras, Eastern Sama

wi& was appro)ed in 21. On Februar# 2/, 21, e filed is &ertifi&ate of &andida&# stating tat e ad been a resident

of Oras,Eastern Samar for 2 #ears. Oras4 in&umbent ma#or, (eil l)are$, wo was running for reele&tion sougt to &an&e

Coquilla4s &ertifi&ate of &andida&# on te ground tat is statement as to te two #ear

residen&# in Oras was a material representation as e onl# resided terein for ! monts afteris oat as a &iti$en. efore te CO5E6EC &ould render a de&ision, ele&tions &ommen&ed and Coquillo was

pro&laimed te winner. On 7ul# 19, 21, CO5E6EC granted l)are$4 petition and ordered te &an&ellation o

petitioner4s &ertifi&ate of &andida&#.

ISSUE:

as CO5E6EC4s order of &an&ellation of te &ertifi&ate of &andida&# 0eodulo 5

Coquilla proper

HELD: YES CO5E6EC properl# ordered te &an&ellation of Coquilla4S COC.

CO5E6EC still ad 'urisdi&tion o)er is &ase altoug e was alread# pro&laimed be&ause -

!!:! pro)ides tat te pro&eedings for disqualifi&ation of &andidates or for te &an&ellation ordenial of &ertifi&ates of &andida&#, wi& a)e been begun before te ele&tions, sould&ontinue e)en after su& ele&tions and pro&lamation of te winners.

*n tis &ase, te COC was &orre&tl# &an&elled be&ause Coquilla did not posses te legal

qualifi&ation of at least 1 #ear residen&#. 0e term ;residen&e; is to be understood as te ;domi&ile; or legal residen&e.

He as lost is domi&ile of origin in Oras b# be&oming a %.S. &iti$en and e as not re<

establised is &laimed domi&ile in Oras b# mere filing of ta=es or b# obtaining a )oter4sregistration as it onl# requires si=<mont residen&#.

0e material falsifi&ation e &ommitted merits te &an&ellation of is COC.