Aquino vs. Comelec Issue: 1. Whether “residency” in the certificate of
Agapito A. Aquino, petitioner vs. Commission on Election, Move Makati, candidacy actually connotes “domicile” to warrant the disqualification of Mateo Bedon, and Juanito Icaro, respondents Aquino from the position in the electoral district. (YES) Sept, 18, 1995 2. WON it is proven that Aquino has established domicile of choice Special Civil Action in the Supreme Court. Certiorari. and not just residence (not in the sense of the COC)in the district he was running in. (NO) Relevant Provisions: Section 6, Article VI of the 1987 Constitution Held: 1. Yes, The term “residence” has always been understood as No person shall be a Member of the House of Representatives unless he synonymous with “domicile” not only under the previous constitutions but is a natural-born citizen of the Philippines and, on the day of the election, also under the 1987 Constitution. The Court cited the deliberations of the is at least twenty-five years of age, able to read and write, and, except Constitutional Commission wherein this principle was applied. the party-list representatives, a registered voter in the district in which he Mr. Nolledo: shall be elected, and a resident thereof for a period of not less than one I remember that in the 1971 Constitutional Convention, there was an year immediately preceding the day of the election. attempt to require residence in the place not less than one year immediately preceding the day of elections. Facts: On 20 March 1995, Agapito A. Aquino, the petitioner, filed … his Certificate of Candidacy for the position of Representative for the new What is the Committee’s concept of residence for the legislature? Is it (remember: newly created) Second Legislative District of Makati City. In actual residence or is it the concept of domicile or constructive his certificate of candidacy, Aquino stated that he was a resident of the residence? aforementioned district (284 Amapola Cor. Adalla Sts., Palm Village, Mr. Davide: Makati) for 10 months. This is in the district, for a period of not less than one year preceding the Move Makati, a registered political party, and Mateo Bedon, Chairman of day of election. This was in effect lifted from the 1973 constituition, the LAKAS-NUCD-UMDP of Barangay Cembo, Makati City, filed a petition to interpretation given to it was domicile. disqualify Aquino on the ground that the latter lacked the residence Mrs. Braid: qualification as a candidate for congressman which under Section 6, On section 7, page2, Noledo has raised the same point that resident has Article VI of the 1987 Constitution, should be for a period not less than been interpreted at times as a matter of intention rather than actual one year preceding the (May 8, 1995) day of the election. residence. Faced with a petition for disqualification, Aquino amended the entry on … his residency in his certificate of candidacy to 1 year and 13 days. The Mr. De los Reyes Commission on Elections passed a resolution that dismissed the petition So we have to stick to the original concept that it should be by domicile on May 6 and allowed Aquino to run in the election of 8 May. Aquino, with and not physical and actual residence. 38,547 votes, won against Augusto Syjuco with 35,910 votes. Therefore, the framers intended the word “residence” to have the same Move Makati filed a motion of reconsideration with the Comelec, to which, meaning of domicile. on May 15, the latter acted with an order suspending the proclamation of The place “where a party actually or constructively has his permanent Aquino until the Commission resolved the issue. On 2 June, the home,” where he, no matter where he may be found at any given time, Commission on Elections found Aquino ineligible and disqualified for the eventually intends to return and remain, i.e., his domicile, is that to which elective office for lack of constitutional qualification of residence. the Constitution refers when it speaks of residence for the purposes of Aquino then filed a Petition of Certiorari assailing the May 15 and June 2 election law. orders. The purpose is to exclude strangers or newcomers unfamiliar with the conditions and needs of the community from taking advantage of DIGEST favorable circumstances existing in that community for electoral gain. Instant petition dismissed. Order restraining respondent Comelec from While there is nothing wrong with the purpose of establishing residence in proclaiming the candidate garnering the next highest number of votes in a given area for meeting election law requirements, this defeats the the congressional elections of Second district of Makati City made essence of representation, which is to place through assent of voters permanent. those most cognizant and sensitive to the needs of a particular district, if Dicta: I. Aquino’s petition of certiorari contents were: a candidate falls short of the period of residency mandated by law for him A. The Comelec’s lack of jurisdiction to determine the disqualification to qualify. issue involving congressional candidates after the May 8, 1995 elections, Which brings us to the second issue. such determination reserved with the house of representatives electional tribunal 2. No, Aquino has not established domicile of choice in the district he was B. Even if the Comelec has jurisdiction, the jurisdiction ceased in the running in. instant case after the elections and the remedy to the adverse parties lies The SC agreed with the Comelec’s contention that Aquino should prove in another forum which is the HR Electoral Tribunal consistent with that he established a domicile of choice and not just residence. Section 17, Article VI of the 1987 Constitution. The Constitution requires a person running for a post in the HR one year C. The COMELEC committed grave abuse of discretion when it of residency prior to the elections in the district in which he seeks election proceeded to promulagate its questioned decision despite its own to . Aquino’s certificate of candidacy in a previous (May 11, 1992) recognition that a threshold issue of jurisdiction has to be judiciously election indicates that he was a resident and a registered voter of San reviewed again, assuming arguendo that the Comelec has jurisdiction Jose, Concepcion, Tarlac for more than 52 years prior to that election. D. The Comelec’s finding of non-compliance with the residency His birth certificate indicated that Conception as his birthplace and his requirement of one year against the petitioner is contrary to evidence and COC also showed him to be a registered voter of the same district. Thus to applicable laws and jurisprudence. his domicile of origin (obviously, choice as well) up to the filing of his E. The Comelec erred in failing to appreciate the legal impossibility of COC was in Conception, Tarlac. Aquino’s connection to the new enforcing the one year residency requirement of Congressional Second District of Makati City is an alleged lease agreement of a candidates in newly created political districts which were only existing for condominium unit in the area. The intention not to establish a permanent less than a year at the time of the election and barely four months in the home in Makati City is evident in his leasing a condominium unit instead case of petitioner’s district in Makati. of buying one. The short length of time he claims to be a resident of F. The Comelec committed serious error amounting to lack of jurisdiction Makati (and the fact of his stated domicile in Tarlac and his claims of when it ordered the board of canvassers to determine and proclaim the other residences in Metro Manila) indicate that his sole purpose in winner out of the remaining qualified candidates after the erroneous transferring his physical residence is not to acquire a new, residence or disqualification of the petitioner in disregard of the doctrine that a second domicile but only to qualify as a candidate for Representative of the place candidate or a person who was repudiated by the electorate is a Second District of Makati City. Aquino’s assertion that he has loser and cannot be proclaimed as substitute winner. transferred his domicile from Tarlac to Makati is a bare assertion which is II. Modern day carpetbaggers can’t be allowed to take advantage of the hardly supported by the facts in the case at bench. To successfully effect creation of new political districts by suddenly transplanting themselves in a change of domicile, petitioner must prove an actual removal or an such new districts, prejudicing their genuine residents in the process of actual change of domicile, a bona fide intention of abandoning the former taking advantage of existing conditions in these areas. place of residence and establishing a new one and definite acts which III. according to COMELEC: The lease agreement was executed mainly correspond with the purpose. Aquino was thus rightfully disqualified by to support the one year residence requirement as a qualification for a the Commission on Elections due to his lack of one year residence in the candidate of the HR, by establishing a commencement date of his district. residence. If a oerfectly valid lease agreement cannot, by itself establish Decision a domicile of choice, this particular lease agreement cannot be better.