G.R. No. 13952 - Ahern vs. Julian

Petitioners Herman Antonio M. Bascon and Antonio Villamor filed a petition to exclude respondents, a group of 153 persons, as qualified voters of Barangay Punta, San Remigio, Cebu.
Respondents were employees allegedly residing temporarily in their employer’s bunk house in Barangay Punta and sought to register as voters in that barangay.
Petitioners claimed respondents were actually residents of other municipalities (Bantayan, Sta. Fe, Madridejos), and that their residency in Barangay Punta was insufficient for voter registration.
The employer of respondents was the Olivar family, with Jay Olivar running for municipal mayor at the time.

Respondents presented certificates of employment, community tax certificates, and a certification from the Punong Barangay of Punta stating their residency.
The Election Registration Board (ERB) of San Remigio approved respondents’ registration applications after hearing.
The 3rd Municipal Circuit Trial Court rendered a decision denying petitioners’ exclusion petition and affirming respondents’ registration as qualified voters.
On appeal, the Regional Trial Court (RTC) Branch 61 of Bogo, Cebu, affirmed the Municipal Circuit Trial Court’s decision in toto.

Petitioners asserted respondents were transient workers using the employer’s bunk house only temporarily and were not bona fide residents.
Petitioners pointed to the familial-political connections between ERB members and the Olivar family to allege partiality and bias.
They argued certificates of employment and tax certificates were insufficient to prove residency, and the Punong Barangay’s certification was self-serving.
They contended that the trial courts should have conducted ocular inspection of respondents’ alleged residence.

Respondents argued the petition for review under Rule 45 was improper, as the issues were factual, and that the ERB’s findings were conclusive and entitled to regularity presumption.
They emphasized respondents met residency requirements and presented sufficient evidence.
Respondents raised petitioners’ failure to attach essential records and pleadings.

Whether respondents, employees who temporarily reside in their employer’s bunk house in Barangay Punta, San Remigio, Cebu, may qualify as bona fide residents and register as voters in that barangay despite allegations of temporary residency and affiliation with a political candidate.

Whether the Court may review factual findings of the Election Registration Board and the trial courts in a petition for certiorari under Rule 45.