AGAPITO A. AQUINO, vs. COMMISSION ON ELECTIONS, MOVE MAKATI, MATEO BEDON and JUANITO ICARO.
- G.R. Number: G.R. No. 120265
- Promulgated: 1995-09-18
- Ponente: Kapunan, J.
Doctrine
For congressional candidates the Constitution's residence requirement refers to domicile or the place of one's permanent home for election-law purposes; mere temporary presence or usual notions of residency are insufficient.
COMELEC's jurisdiction over congressional candidate qualifications is limited by the Constitution and the jurisdiction of the House of Representatives Electoral Tribunal; once proclamation and membership vest, the Electoral Tribunal is the proper forum for contests concerning returns and qualifications.
A defeated or minority candidate who placed second cannot be deemed elected simply because the leading candidate is later declared ineligible; proclamation and the people's choice remain central.
Facts
Petitioner Agapito A. Aquino filed his Certificate of Candidacy for Representative of Makati City's Second Legislative District on 20 March 1995, listing his residence among other information (certificate referenced in the record).
COMELEC Second Division dismissed the disqualification petition and declared Aquino eligible; petitioners filed for reconsideration with the COMELEC en banc.
COMELEC en banc suspended proclamation of the winning candidate pending resolution of the 7 May 1995 motion for reconsideration and calendared hearing for 17 May 1995.
On 2 June 1995 the COMELEC en banc granted reconsideration, declared Aquino ineligible for lack of constitutional residence, made the suspension of proclamation permanent, and ordered the Board of Canvassers to determine and proclaim the winner among remaining qualified candidates upon finality.
Issues
Whether the COMELEC properly disqualified Aquino for lack of the constitutional residence required of a congressional candidate.
Whether COMELEC retained jurisdiction after declaring a leading candidate post-election ineligible and could order the Board of Canvassers to determine and proclaim the next qualified candidate.
Whether the candidate with the second highest votes may be declared elected when the first placer is declared ineligible.
Ruling
The Court dismissed the petition seeking to annul COMELEC's actions; the Order restraining COMELEC from proclaiming the next-highest vote-getter is made permanent and the petition is dismissed.
COMELEC's Second Division and en banc rulings declaring Aquino ineligible and ordering suspension of proclamation were affirmed by parts of the Court (majority) but there are separate opinions dissenting and concurring in part; some Justices would annul COMELEC orders and direct proclamation subject to the House Electoral Tribunal.