G.R. No. 120265 - Aquino vs. Commission on Elections

On March 20, 1995, Agapito A. Aquino filed his Certificate of Candidacy for Representative of Makati City’s newly created Second Legislative District, listing his residence at 284 Amapola Cor. Adalla Sts., Palm Village, Makati, but omitting the length of residency in the district.
On April 25, 1995, he filed an amended Certificate of Candidacy stating he had resided in the district for one year and thirteen days immediately preceding the May 8, 1995 elections.

On April 24, 1995, Move Makati (a political party) and Mateo Bedon filed SPA No. 95-113 with the COMELEC Second Division, seeking Aquino’s disqualification for lacking the one-year residency qualification under Section 6, Article VI of the 1987 Constitution.
After hearings on May 2, 1995, where Aquino presented affidavits and a lease contract, the COMELEC Second Division, on May 6, 1995, dismissed the petition, declaring him eligible.

On May 8, 1995, in Makati City elections, Aquino garnered 38,547 votes; his closest rival, Agusto Syjuco, obtained 35,910 votes.
Move Makati and Bedon filed motions to suspend Aquino’s proclamation; on May 15, 1995, the COMELEC en banc, invoking R.A. 6646 § 6, issued an order suspending his proclamation pending resolution of the disqualification case.

Aquino opposed the suspension and raised, among other issues, COMELEC’s jurisdiction to decide qualifications post-election.
On June 2, 1995, the COMELEC en banc issued:

An order suspending its rules to accept Aquino’s jurisdictional motion.
A resolution reversing the Second Division, declaring Aquino ineligible for failing the one-year residency requirement, permanently suspending his proclamation, and directing the Board of Canvassers to proclaim the next qualified candidate.

On June 6, 1995, Aquino filed a petition for certiorari before the Supreme Court, assailing the COMELEC en banc orders and resolution.
He raised six assignments of error: COMELEC’s post-election jurisdiction; cessation of jurisdiction after election; grave abuse in suspending proclamation; erroneous finding on residence; “legal impossibility” for new districts; and error directing proclamation of the runner-up.

Whether the COMELEC retains jurisdiction after the election to determine and adjudge the disqualification of congressional candidates, or if that power is exclusively lodged with the House of Representatives Electoral Tribunal (HRET).
Whether the COMELEC committed grave abuse of discretion in suspending Aquino’s proclamation.
Whether Aquino met the constitutional one-year residency requirement—interpreted as domicile—in Makati City’s Second Legislative District.
Whether the residency requirement is unenforceable (“legal impossibility”) in newly created political districts.
Whether, upon disqualification of the apparent winner, the runner-up is automatically entitled to proclamation.