Torayno v comelec

Facts: Vicente Emano was provincial governor of Misamis Oriental for three terms
until 1995 election and his certificate of candidacy showed that his residence was in
Tagoloan, Misamis Oriental. On 14 June 1997, while still governor he executed a
voter registration record in Cagayan de Oro City which is geographically located in
Misamis Oriental, claiming 20 years of residence. He filed candidacy for mayor in the
said city and stated that his residence for the preceding two years and five months
was in the same city. Rogelio Torayno Sr filed petition for disqualification of Emano fo
failing to meet the residency requirement. Emano won the mayoral post and
proclaimed winner. Torayno filed for annulment of election of Emano. COMELEC
upheld its decision.
Issue: Whether or not Emano failed the constitutional residency requirement?
Decision: Petition dismissed, COMELEC resolution affirmed. Emano was the
overwhelming choice of the people of Cagayan de Oro. The court find it apt to
reiterate the principle that the manifest will of the people as expressed through the
ballot be given the fullest effect. Emano was actually and physically residing in CDO
while discharging his duties as governor and even paid his community tax certificate
in the same. The residency requirement intends to prevent the possibility of a
stranger unacquainted with the conditions and needs of the community from seeing
an elective office to serve that community.