IMELDA ROMUALDEZ-MARCOS, vs. COMMISSION ON ELECTIONS and CIRILO ROY MONTEJO.
- G.R. Number: G.R. No. 119976
- Promulgated: 1995-09-18
- Ponente: Kapunan, J.
Doctrine
For election purposes the Constitution's residency requirement focuses on the fact of residence (practical presence) and not merely a statement in the certificate of candidacy; such statement is material only if there is a deliberate attempt to mislead.
Residency and domicile are distinct concepts; domicile involves intention to remain and may differ from mere residence; presumption favors original domicile and the party alleging abandonment must prove it.
COMELEC findings of fact are generally not reviewable by this Court except upon a showing of grave abuse of discretion; however, where COMELEC acted beyond its jurisdiction in disqualifying candidates pre-proclamation, the Court may annul such proceedings.
Facts
The 1987 Constitution requires a House aspirant to be a registered voter in the district and a resident for at least one year immediately preceding the election.
Petitioner Imelda Romualdez-Marcos filed her Certificate of Candidacy for Representative, First District of Leyte, on 8 March 1995.
COMELEC issued resolutions disqualifying petitioner and suspending her proclamation; these resolutions were challenged in this petition.
The case presented factual disputes over 'residence' versus 'domicile' and whether petitioner retained or reverted to her Tacloban domicile after marital events and her husband's death.
Issues
Whether or not petitioner was a resident, for election purposes, of the First District of Leyte for a period of one year at the time of the 9 May 1995 elections.
Whether or not the COMELEC properly exercised its jurisdiction in disqualifying petitioner outside the period mandated by the Omnibus Election Code for disqualification cases under Article 78 of the said Code.
Whether or not the House of Representatives Electoral Tribunal assumed exclusive jurisdiction over the question of petitioner's qualifications after the 8 May 1995 elections.
Ruling
The Court found that petitioner possesses the necessary residence qualifications to run for the First District seat; COMELEC's questioned resolutions of April 24, May 7, May 11 and 25 May 1995 were set aside and petitioner ordered proclaimed.
The Court annulled the COMELEC proceedings in SPA No. 95-009 and, to the extent Rule 25 authorizes disqualification proceedings on eligibility, considered it void; petition granted.