G.R. No. 131287 - Balgami vs. Court of Appeals

The case arises from the local elections of February 1, 1988, for the position of Governor of Leyte.
Petitioner Adelina Y. Larrazabal obtained the highest number of votes and was proclaimed governor.
The Commission on Elections (COMELEC) later declared Larrazabal disqualified for lacking residence and registration qualifications under Article X, Section 12 of the Constitution, B.P. Blg. 137, and R.A. No. 179.
Petitioner Benjamin P. Abella, who obtained the second highest number of votes, was not allowed by COMELEC to be proclaimed governor.
Leopoldo E. Petilla, vice-governor of Leyte, subsequently assumed the governorship pursuant to COMELEC resolution.

The issues have been before the Supreme Court multiple times in related cases (G.R. Nos. 87721-30, 88004).
The Court consolidated these related cases dealing with the same conflict over the Leyte governorship.
Prior to election day, Larrazabal substituted her husband Emeterio V. Larrazabal, originally the candidate but was disqualified for lack of residence.
Silvestre de la Cruz filed a petition to disqualify Larrazabal alleging false residence statements in her certificate of candidacy.
The Court issued a temporary restraining order (TRO) enjoining Larrazabal’s proclamation pending COMELEC’s action.
COMELEC consolidated pre-proclamation and disqualification cases against Larrazabal.
COMELEC Second Division dismissed disqualification cases, but on appeal, the Supreme Court reversed the dismissal and ordered COMELEC to hear the disqualification case under Section 78 of the Omnibus Election Code.

COMELEC conducted extensive hearings on Larrazabal’s residence and voter registration.
COMELEC found Larrazabal was neither a resident of Kananga, Leyte (where she claimed residence) nor a registered voter there.
COMELEC ruled that Larrazabal’s actual residence was Ormoc City, a component city independent of Leyte, making her ineligible to run for provincial governor.
COMELEC disqualified Larrazabal as governor.
COMELEC also disallowed Benjamin Abella’s proclamation as governor.
Larrazabal filed petitions for relief before the Supreme Court to restrain enforcement of COMELEC’s disqualification and denial of her proclamation.

Testimonies and documentary evidence showed Larrazabal and her husband established residence in Ormoc City since 1975.
Attempts to transfer registration to Kananga, Leyte shortly before the election were fraught with irregularities and inconsistencies.
COMELEC found that cancellation of registration in Ormoc and subsequent registration in Kananga were either misplaced, delayed, or irregularly conducted.
Larrazabal did not present credible evidence that she maintained domicile or legal residence in Kananga.
The Family Code provisions on husband-wife domicile were applied, indicating Larrazabal’s domicile coincided with her husband’s in Ormoc City.

Article X, Section 12 of the 1987 Constitution provides that highly urbanized cities and certain component cities are independent of their provinces for purposes of provincial elections.
Republic Act No. 179, Sec. 89 explicitly states that qualified voters of Ormoc City shall not be qualified to vote or run for provincial positions in Leyte.
Larrazabal contended that the argument misunderstood the “animus revertendi” principle and that her physical visits and intention preserved her residence in Kananga, Leyte.
COMELEC held that Ormoc City is effectively independent of Leyte province for electoral purposes, barring registered voters therefrom from voting or running for provincial offices.

Larrazabal questioned the validity of the COMELEC decision signed by Commissioner Andres Flores, alleging his term expired before the decision.
The Court declined to rule on the constitutional question of the fixed term of COMELEC commissioners, invoking judicial restraint and non-constitutional grounds.
The de facto officer doctrine was applied to uphold the validity of the decision despite alleged term expiration.

Larrazabal was enjoined from executing COMELEC’s disqualification resolution by the Supreme Court via temporary restraining order.
Vice-Governor Leopoldo E. Petilla assumed the governorship pursuant to COMELEC resolution, but was ordered by the Court to maintain the status quo and desist from discharging gubernatorial duties pending final resolution.

Petitioner Adelina Y. Larrazabal, who obtained the highest votes but was disqualified by COMELEC?
Petitioner Benjamin P. Abella, who was second top vote-getter but denied proclamation?
Leopoldo E. Petilla, the vice-governor who assumed the province’s governorship?

Whether Larrazabal meets the residence and voter registration qualifications to run as Governor of Leyte as required by the Constitution, B.P. Blg. 137, and R.A. No. 179?

Whether registered voters of Ormoc City, a component city independent from Leyte province, may run for provincial elective offices in Leyte?

Whether the COMELEC acted properly in disqualifying Larrazabal and denying Abella’s proclamation in light of prior Supreme Court rulings and applicable laws?

Whether the COMELEC decision is tainted by procedural irregularities, including the alleged expiry of Commissioner Flores’ term?

Whether the Court should proclaim the second placer, Abella, as governor if Larrazabal is disqualified?