Title
Abella vs. Commission on Elections
Case
G.R. No. 100710
Decision Date
Sep 3, 1991
Abella v. COMELEC affirms the disqualification of Adelina Larrazabal for non-compliance with residency requirements in the 1988 Leyte local elections, highlighting the significance of election laws in safeguarding voters' choices.
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Case Digest (G.R. No. 100710)

Facts:

  • The case involves two consolidated petitions: G.R. No. 100710 by Benjamin P. Abella and G.R. No. 100739 by Adelina Y. Larrazabal against the Commission on Elections (COMELEC) and Silvestre de la Cruz.
  • The petitions arose from the local elections on February 1, 1988, for the governorship of Leyte.
  • Adelina Larrazabal filed her certificate of candidacy on January 31, 1988, after her husband, Emeterio V. Larrazabal, was disqualified for lack of residence.
  • Larrazabal won the election but was contested by Silvestre de la Cruz, who alleged false statements regarding her residence.
  • COMELEC disqualified Larrazabal, citing insufficient residence and registration qualifications.
  • Benjamin Abella, the second highest vote-getter, sought to be proclaimed governor following Larrazabal's disqualification.
  • The Supreme Court had previously ordered COMELEC to resolve the disqualification case expeditiously.
  • COMELEC's final decision on July 18, 1991, affirmed Larrazabal's disqualification and denied Abella's proclamation.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court upheld the COMELEC's decision to disqualify Adelina Larrazabal as valid.
  • The Court confirmed that COMELEC acted within its jurisdiction regarding the disqualification and the denial of Abella's proclamation.
  • The Court supported COMELEC...(Unlock)

Ratio:

  • The Supreme Court emphasized the necessity of adhering to legal qualifications for candidates in public office.
  • The Court found substantial evidence that Larrazabal was not a resident of Kananga, Leyte, but rather had established her residence in Ormoc City.
  • The principle of "animus revertendi," or the intention to return to one's original residence, was highlighted in determining legal residence.
  • ...continue reading

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