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Held:
Aquino vs COMELEC The place “where a party actually or constructively has
Class Topic/Badge: QUALIFICATIONS his permanent home,” where he, no matter where he may be
G.R. No. 120265 September 18, 1995 found at any given time, eventually intends to return and remain,
FULL TEXT: https://www.lawphil.net/judjuris/juri1995/sep1995/gr_120265_1995.html i.e., his domicile, is that to which the Constitution refers when it
PONENTE: KAPUNAN, J.:
speaks of residence for the purposes of election law. The purpose
is to exclude strangers or newcomers unfamiliar with the
conditions and needs of the community from taking advantage
of favorable circumstances existing in that community for
electoral gain. Aquino’s certificate of candidacy 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. Aquino’s connection to the Second District of
Santiago M. Kapunan Makati City is an alleged lease agreement of a condominium unit
Associate Justice
in the area. The intention not to establish a permanent home in
Makati City is evident in his leasing a condominium unit instead of
buying one. The short length of time he claims to be a resident of
Makati (and the fact of his stated domicile in Tarlac and his claims
of other residences in Metro Manila) indicate that his sole purpose
in transferring his physical residence is not to acquire a new,
residence or domicile but only to qualify as a candidate for
Representative of the Second District of Makati City. Aquino was
DECISION/FALLO thus rightfully disqualified by the Commission on Elections.
“WHEREFORE, premises considered, the instant petition is ---------------------------------------------------------
hereby DISMISSED. Our Order restraining respondent COMELEC
from proclaiming the candidate garnering the next highest
number of votes in the congressional elections for the Second
District of Makati City is made PERMANENT.

SO ORDERED.”

FACTS (PARTIES)
PETITIONER: AGAPITO A. AQUINO, petitioner,

RESPONDENT: COMMISSION ON ELECTIONS, MOVE MAKATI,

MATEO BEDON and JUANITO ICARO, respondents.

Facts:
On 20 March 1995, Agapito A. Aquino filed his
Certificate of Candidacy for the position of Representative for the
new Second Legislative District of Makati City. In his certificate of
candidacy, Aquino stated that he was a resident of the
aforementioned district for 10 months. Faced with a petition for
disqualification, he amended the entry on his residency in his
certificate of candidacy to 1 year and 13 days. The Commission
on Elections dismissed the petition on 6 May and allowed Aquino
to run in the election of 8 May. Aquino won. Acting on a motion
for reconsideration of the above dismissal, the Commission on
Election later issued an order suspending the proclamation of
Aquino until the Commission resolved the issue. On 2 June, the
Commission on Elections found 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.