7/22/2019 Domino vs Comelec

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DOMINO VS COMELEC

G.R. NO. 134015

FACTS:

The case is a petition for certiorari with a prayer for preliminary injunction are theResolution of 6 May 1998[1] of the Second Diision of the !ommission on "lections#hereafter !$M"%"!&' declarin( petitioner )uan Domino #hereafter D$M*+$&dis,ualified as candidate for representatie of the %one %e(islatie District of the-roince of Saran(ani in the 11 May 1998 elections' and the Decision of .9 May1998[.] of the !$M"%"! en /anc denyin( D$M*+$0s motion for reconsideration

$n .2 March 1998' petitioner Domino filed his certificate of candidacy for the position ofRepresentatie of the %one %e(islatie District of the -roince of Saran(ani indicatin( inthat he had resided in the constituency where he see3s to /e elected for one #1& yearand two #.& months immediately precedin( the election

$n March 45' 1998' priate respondents filed with the !$M"%"! a -etition to !ancel!ertificate of !andidacy a(ainst Domino

ccordin( to respondents' Domino is not a resident nor a re(istered oter of theproince of Saran(ani

7or his defense' D$M*+$ maintains that he had complied with the oneyear residencere,uirement and that he has /een residin( in Saran(ani since )anuary 199

$n 6 May 1998' the !$M"%"! .nd Diision promul(ated a resolution declarin(D$M*+$ dis,ualified as candidate for the position of representatie of the lone districtof Saran(ani for lac3 of the oneyear residence re,uirement and li3ewise ordered thecancellation of his certificate of candidacy

$n 11 May 1998' the day of the election' the !$M"%"! issued Supplemental $mni/usResolution +o 45:6' orderin( that the otes cast for D$M*+$ /e counted /ut tosuspend the proclamation if winnin(' considerin( that the Resolution dis,ualifyin( himas candidate had not yet /ecome final and e;ecutory

The result of the election' per Statement of

7/22/2019 Domino vs Comelec

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The candidate who (athered the second hi(hest num/er of otes interened in the caseand said that she should /e declared as a winner since Domino was dis,ualified fromrunnin( for the position

ISSUES:

1 ?hether or not the !$M"%"! has jurisdiction to deny or cancel the certificate ofcandidacy of the petitioner

. ?hether or not petitioner is a resident of Saran(ani -roince for at least 1 yearimmediately precedin( the May 1998 election

HELD:

1 @es' the !$M"%"! has jurisdiction as proided in Section 8 rticle *A of the$mni/us "lection !ode oer a petition to deny due course to or cancel certificateof candidacy *t is within the jurisdiction of the !$M"%"! to determine whetherfalse representations as to the material facts were made in the certificate ofcandidacy includin( the residence re,uirement

. +o' the term residence as used in the law prescri/in( the ,ualifications forsuffra(e and for electie office' means the same thin( as domicile which (iesthe intention to reside in a fi;ed place and personal presence in that place'coupled with conduct indicatie of such intention The petitioner0s domicile ofori(in was !andon' *lucos Sur /ut ac,uired his domicile of choice at .: =onifacioSt yala Bei(hts' $ld =alara' Cueon !ity

The petitioner contended that he already esta/lished his new domicile inSaran(ani /y leasin( a house and lot located therein Boweer' the !ourt is

unsatisfied with it The lease contract may /e indicatie of Domino0s intention toreside in Saran(ani' howeer' it does not produce the 3ind of permanencyre,uired to proe a/andonment of his ori(inal domicile