Case Digest (G.R. No. 134015)
Facts:
Juan Domino v. Commission on Elections, G.R. No. 134015, July 19, 1999, the Supreme Court En Banc, Davide, Jr., C.J., writing for the Court.Petitioner Juan Domino filed his certificate of candidacy on 25 March 1998 for Representative of the Lone Legislative District of Sarangani, stating at item 9 that he had resided in the constituency for one year and two months prior to the May 11, 1998 election. Private respondents Narciso Ra. Grafilo, Jr., Eddy B. Java, Juan P. Bayonito, Jr., Rosario Samson and Dionisio P. Lim, Sr. filed with the COMELEC (docketed SPA No. 98‑022, Second Division) a Petition to Deny Due Course to or Cancel Certificate of Candidacy, alleging Domino was not a resident or registered voter of Sarangani and submitting voter registration records, community tax certificates, prior certificates of candidacy, transfer and cancellation applications, and other documentary and testimonial evidence.
Domino defended that he had lived in Alabel, Sarangani since January 1997 and submitted a lease contract (January 15, 1997), an extra‑judicial sale (November 4, 1997), a January 19, 1998 Metropolitan Trial Court (MTC), Quezon City decision in exclusion proceedings declaring he and his wife were residents of Alabel and ordering transfer of their VRR, applications and approvals for transfer, affidavits of local residents, income tax returns, and other documents. On May 6, 1998, the COMELEC Second Division issued a resolution disqualifying Domino for failure to meet the one‑year residence requirement under Section 6, Article VI of the 1987 Constitution and ordered cancellation of his certificate of candidacy. On election day (May 11, 1998) the COMELEC issued Supplemental Omnibus Resolution No. 3046 directing that votes for Domino be counted but that proclamation be suspended if he won, pending finality of the disqualification resolution.
The provincial canvass certified that Domino received the highest number of votes. Domino moved for reconsideration on May 15, 1998; the COMELEC en banc denied reconsideration on May 29, 1998. Domino then filed a petition for certiorari with prayer for preliminary mandatory injunction before the Supreme Court challenging the COMELEC resolutions as grave abuse of discretion. The Court issued a temporary restraining order on July 14, 1998 maintaining the status quo. On September 15, 1998, Lucille Chiongbian‑Solon was permitted to intervene as the second‑placer seeking affirmation of Domino’s disqualificati...(Subscriber-Only)
Issues:
- Is the Metropolitan Trial Court decision in the exclusion proceedings final and conclusive upon the COMELEC such that it precludes COMELEC from determining Domino’s residency and qualification?
- Did petitioner Juan Domino reside in the Province of Sarangani for at least one year immediately preceding the May 11, 1998 election, as required by the Constitution?
- Did the COMELEC have jurisdiction to resolve the petition to deny due course to or cancel Domino’s certificate of candidacy despite the post‑election votes and pending canvass?
- If Domino is disqualified, may intervenor Lucille Chiongbian‑Solon, the s...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)