AQUINO vs.

COMELEC
(248 SCRA 400)
Facts:
On 20 March 1995, Agapito A. Aquino filed his Certificate of Candidacy for
the position of Representativefor the new Second Legislative District of Makati
City. In his certificate of candidacy, Aquino stated that he was aresident of the
aforementioned district for 10 months. Faced with a petition for disqualification, he
amended theentry on his residency in his certificate of candidacy to 1 year and 13
days. The Commission on Electionsdismissed the petition on 6 May and allowed
Aquino to run in the election of 8 May. Aquino won. Acting on amotion for
reconsideration of the above dismissal, the Commission on Election later issued an
order suspendingthe proclamation of Aquino until the Commission resolved the
issue. On 2 June, the Commission on Electionsfound Aquino ineligible and
disqualified for the elective office for lack of constitutional qualification of residence.
Issue: Whether residency in the certificate of candidacy actually connotes
domicile to warrant the
disqualification of Aquino from the position in the electoral district.
Held:
The place where a party actually or constructively has his permanent
home, where he, no matterwhere he may be found at any given time, eventually
intends to return and remain, i.e., his domicile, is that towhich the Constitution
refers when it speaks of residence for the purposes of election law. The purpose is
toexclude strangers or newcomers unfamiliar with the conditions and needs of the
community from takingadvantage of favorable circumstances existing in that
community for electoral gain. Aquinos certificate ofcandidacy in a previous (1992)
election indicates that he was a resident and a registered voter of San
Jose,Concepcion, Tarlac for more than 52 years prior to that election. Aquinos
connection to the Second District ofMakati City is an alleged lease agreement of a

condominium unit in the area. The intention not to establish apermanent home in
Makati City is evident in his leasing a condominium unit instead of buying one. The
shortlength of time he claims to be a resident of Makati (and the fact of his stated
domicile in Tarlac and his claims ofother residences in Metro Manila) indicate that
his sole purpose in transferring his physical residence is not toacquire a new,
residence or domicile but only to qualify as a candidate for Representative of the
Second Districtof Makati City. Aquino was thus rightfully disqualified by the
Commission on Elections.