Title
Aquino vs. Commission on Elections
Case
G.R. No. 120265
Decision Date
Sep 18, 1995
Agapito Aquino disqualified for lacking one-year residency in Makati; COMELEC upheld, votes for him invalid, no winner declared.
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Case Digest (G.R. No. 120265)

Facts:

Candidacy and Disqualification Petition:
On March 20, 1995, Agapito A. Aquino filed his Certificate of Candidacy for the position of Representative for the Second Legislative District of Makati City. He stated his residence as 284 Amapola Cor. Adalla Sts., Palm Village, Makati, and indicated a residence period of 10 months in the constituency. On April 24, 1995, Move Makati and Mateo Bedon filed a petition to disqualify Aquino, alleging he did not meet the one-year residency requirement under Section 6, Article VI of the 1987 Constitution.

Amendment to Certificate of Candidacy:
On April 25, 1995, Aquino amended his Certificate of Candidacy, claiming a residence period of one year and thirteen days in the constituency.

COMELEC Proceedings:
The COMELEC's Second Division dismissed the disqualification petition on May 6, 1995, declaring Aquino eligible to run. However, on May 7, 1995, Move Makati and Bedon filed a Motion for Reconsideration with the COMELEC en banc.

Election Results:
On May 8, 1995, elections were held, and Aquino garnered 38,547 votes, winning against Agusto Syjuco, who received 35,910 votes.

Suspension of Proclamation:
On May 10, 1995, private respondents filed an Urgent Motion Ad Cautelam to suspend Aquino’s proclamation. The COMELEC en banc issued an order on May 15, 1995, suspending Aquino’s proclamation pending the resolution of the Motion for Reconsideration.

COMELEC Reversal:
On June 2, 1995, the COMELEC en banc reversed the Second Division’s decision, declaring Aquino ineligible due to lack of residency qualification.

Issue:

  1. Whether the COMELEC had jurisdiction to determine Aquino’s disqualification after the May 8, 1995 elections.
  2. Whether Aquino met the one-year residency requirement for the position.
  3. Whether the COMELEC erred in directing the proclamation of the candidate with the next highest number of votes.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court affirmed the COMELEC’s resolution, holding that Aquino lacked the constitutional residency requirement and that the COMELEC acted within its jurisdiction in disqualifying him. The Court also emphasized that the second-place candidate cannot be declared the winner in such cases.
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