G.R. No. 193314 - Jalosjos vs. Commission on Elections

Parties and Subject Matter
Petitioner Svetlana P. Jalosjos filed her Certificate of Candidacy (CoC) on 20 November 2009 for mayor of Baliangao, Misamis Occidental, indicating Barangay Tugas, Baliangao as her residence.
Private respondents Edwin Elim Tumpag and Rodolfo Y. Estrellada filed a Petition to Deny Due Course to or Cancel her CoC, claiming petitioner did not meet the one-year residency requirement and that her declared place of birth and residence were false.
The controversy involved whether petitioner complied with the constitutional one-year residency requirement for local elective officials.

Evidence Presented by Private Respondents
Certification from the Baliangao Assessor’s Office stating no tax declarations for properties under petitioner’s name in the municipality.
Certification from the Civil Registrar of Baliangao stating no birth records of petitioner in their civil registry.
Joint Affidavit of Barangay Tugas officials Gregorio P. Gayola and Felicisimo T. Pastrano, and former police officer Adolfo L. Alcoran, asserting petitioner was not a resident.
Affidavit of Patricio D. Andilab, official of Purok 5, Barangay Tugas, similarly denying petitioner’s residency.

Evidence and Claims Presented by Petitioner
Claimed to have established residence in Barangay Tugas since December 2008 by purchasing two parcels of land and staying temporarily at a Mrs. Lourdes Yap’s residence while building her house.
Argued the misrepresentation of place of birth (stated as Baliangao but actually San Juan, Metro Manila) was a clerical error by her secretary and not a material disqualification.
Presented the following evidence:

Certificate of Live Birth.
Extrajudicial Partition with Simultaneous Sale executed by heirs of Agapito Yap, Jr. covering two parcels of land in her favor.
Transfer Certificates of Title (TCT) in the name of Agapito Yap, Jr. covering said parcels.
Tax declarations and sketch plans of the land.
Photographs of the alleged residence and construction plans.
Application for Voter Registration and Voter Certification of Baliangao.
Joint and individual affidavits of various individuals including construction workers, Barangay officials from other barangays, and community organization leaders, attesting to petitioner’s residency and involvement in the area.

Proceedings Before the Commission on Elections (COMELEC)
The Petition to Cancel CoC was still pending during the May 10, 2010 elections; petitioner won and was proclaimed mayor by the Municipal Board of Canvassers.
On June 4, 2010, the COMELEC Second Division issued a Resolution disqualifying petitioner for failing the one-year residency requirement, rejecting her claim of domicile in Baliangao.
On August 19, 2010, COMELEC En Banc denied petitioner’s motion for reconsideration, affirming the disqualification on grounds including insufficiency of evidence, irregularities in documents, and partiality of affiants.
Petitioner filed a Petition for Review before the Supreme Court arguing grave abuse of discretion by COMELEC in ruling on residency and alleged due process violations including failure to provide notice of promulgation of the COMELEC Resolutions.

Status Quo Ante Order
On September 7, 2010, the Supreme Court issued a Status Quo Ante Order directing the parties to maintain the status prior to the COMELEC Resolutions.

Whether COMELEC committed grave abuse of discretion by failing to promulgate its 04 June 2010 and 19 August 2010 Resolutions in accordance with its own Rules of Procedure and thereby violated petitioner’s right to due process.

Whether COMELEC committed grave abuse of discretion in holding that petitioner failed to prove compliance with the one-year residency requirement for local elective officials, thus justifying cancellation of her Certificate of Candidacy.