Case Digest (G.R. No. 120265)
Facts:
Agapito A. Aquino v. Commission on Elections, Move Makati, Mateo Bedon and Juanito Icaro, G.R. No. 120265, September 18, 1995, the Supreme Court En Banc, Kapunan, J., writing for the Court. Petitioner Agapito A. Aquino filed a Certificate of Candidacy on March 20, 1995 for Representative of Makati City’s newly created Second Legislative District, listing an Amapola Street, Makati address and initially indicating less than one year residence; he later amended his certificate (April 25, 1995) to claim one year and thirteen days residency. Respondents Move Makati (a registered political party) and Mateo Bedon filed a petition to disqualify Aquino (SPA No. 95-113) on April 24, 1995, alleging he lacked the one-year residency required by Article VI, Section 6 of the 1987 Constitution. The petition was assigned to the COMELEC Second Division.The Second Division heard the matter and, after a May 2, 1995 hearing at which Aquino testified and presented documentary evidence (lease contract, affidavits), promulgated a Resolution dated May 6, 1995 dismissing the disqualification petition and declaring Aquino eligible. Move Makati and Bedon moved for reconsideration before the COMELEC en banc on May 7, 1995. Meanwhile elections were held on May 8, 1995; Aquino received the highest number of votes for the Second District seat.
On May 10 and subsequently, private respondents sought urgent relief to suspend Aquino’s proclamation. On May 15, 1995 the COMELEC en banc issued an Order suspending Aquino’s proclamation pending resolution of the motion for reconsideration. Aquino filed oppositions and later sought to raise the contention that, after elections, questions of qualifications for members of the House of Representatives are exclusively for the House of Representatives Electoral Tribunal (HRET).
On June 2, 1995 the COMELEC en banc reversed the Second Division and promulgated a Resolution declaring Aquino ineligible for lack of the one-year residency qualification, made the suspension of proclamation permanent, and directed the Makati Board of Canvassers to reconvene and determine the winner among the remaining qualified candidates upon finality. Aquino filed the ins...(Subscriber-Only)
Issues:
- Does the COMELEC retain jurisdiction after the election to determine a congressional candidate’s qualifications, or is such jurisdiction exclusively lodged in the HRET once the election has occurred?
- Did the COMELEC properly suspend and ultimately sustain the suspension of petitioner’s proclamation under the statutory scheme (in particular R.A. No. 6646, Sec. 6–7) and applicable COMELEC rules?
- Was the COMELEC’s factual finding that petitioner lacked the one-year residence qualification (residence as domicile) supported by the evidence?
- In the event the winning candidate is disqualified post-election, may the candidate ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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