Facts:

The case involves two consolidated petitions: G.R. No. 100710 filed by Benjamin P. Abella and G.R. No. 100739 filed by Adelina Y. Larrazabal against the Commission on Elections (COMELEC) and Silvestre de la Cruz. The events leading to the petitions stem from the local elections held on February 1, 1988, for the governorship of Leyte. Adelina Larrazabal, who was the wife of the disqualified candidate Emeterio V. Larrazabal, filed her certificate of candidacy on January 31, 1988, just a day before the elections, after her husband was disqualified for lack of residence. During the election, Larrazabal received the highest number of votes and was proclaimed the winner. However, her victory was contested by Silvestre de la Cruz, who filed a petition to disqualify her based on alleged false statements regarding her residence in her certificate of candidacy. The COMELEC, after a series of hearings and decisions, ultimately disqualified Larrazabal, stating she lacked the necessary re...

Facts:

Background of the Case
These consolidated petitions revolve around the rightful governor of the province of Leyte following the local elections on February 1, 1988. The candidates in dispute are:

1. Adelina Larrazabal, who obtained the highest number of votes but was later disqualified by the Commission on Elections (COMELEC) for lacking residency and registration qualifications.
2. Benjamin Abella, who secured the second-highest number of votes but was not proclaimed governor after Larrazabal’s disqualification.
3. Leopoldo Petilla, the vice-governor of Leyte.

Election and Substitution
Adelina Larrazabal filed her certificate of candidacy on January 31, 1988, substituting her husband, Emeterio Larrazabal, who had been disqualified for lacking residency. On February 1, 1988, Silvestre de la Cruz filed a petition to disqualify Larrazabal for allegedly misrepresenting her residence in her certificate of candidacy.

COMELEC Proceedings
The COMELEC initially dismissed the disqualification case but later reversed its decision after the Supreme Court remanded the case for further review. Larrazabal was eventually disqualified for not meeting the residency and voter registration requirements for the governorship of Leyte.

Supreme Court Involvement
This case represents the fourth time the issue of the Leyte governorship was elevated to the Supreme Court. The Court had previously directed the COMELEC to determine Larrazabal’s qualifications.

Final COMELEC Decision
On February 14, 1991, the COMELEC disqualified Larrazabal, and on July 18, 1991, the COMELEC en banc affirmed the decision, disallowing Abella from being proclaimed governor.

Issue:

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Ruling:

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Ratio:

1. Residency and Voter Registration
   The Court found that Larrazabal was neither a resident nor a registered voter of Kananga, Leyte, as she claimed. Instead, she was a resident and registered voter of Ormoc City, which is independent of Leyte under the Constitution and the city’s charter.

2. Prohibition on Running for Provincial Office
   The Court interpreted Section 89 of Republic Act No. 179 and Section 12, Article X of the Constitution to prohibit registered voters of Ormoc City from voting for or being elected to provincial elective offices, including the governorship.

3. Effect of Disqualification
   The Court held that Larrazabal’s disqualification did not entitle Abella to assume the governorship. The votes cast for Larrazabal were valid and could not be deemed stray votes, as the electorate had voted for her in good faith.

4. COMELEC’s Authority
   The Court found no grave abuse of discretion on the part of the COMELEC, as its decision was based on substantial evidence and in accordance with the law.

Conclusion:

The Supreme Court affirmed the COMELEC’s decision, disqualifying Adelina Larrazabal and denying Benjamin Abella’s proclamation as governor. The temporary restraining order issued on August 1, 1991, was lifted.