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

The case involves a petition for cancellation of a Certificate of Candidacy (COC) and related motions for reconsideration.
Two motions for reconsideration were filed: one by petitioner Svetlana P. Jalosjos (Motion dated 27 March 2013) and one by private respondents Edwin Elim Tumpag and Rodolfo Y. Estrellada (Motion dated 8 March 2013).
The issues revolve around the petitioner’s qualification as a candidate in the 10 May 2010 local elections in Baliangao, Misamis Occidental, with a particular focus on the residency requirement.

Asserted that she had been establishing her residence in Brgy. Tugas since the latter part of 2008 or at the latest early 2009.
Contended that her temporary stay in Mrs. Lourdes Yap’s house in Brgy. Punta Miray was solely due to the ongoing construction of her intended residential unit in Brgy. Tugas.
Maintained that her continuous presence in Baliangao, regardless of the barangay, fulfilled the one-year residency requirement necessary for candidacy and voter registration.

The joint affidavit of her witnesses affirmed that petitioner had been an “actual and physical resident” of Brgy. Tugas since 2008.
However, the affidavit also noted that during the construction period her residence was temporarily in Brgy. Punta Miray, thus revealing inconsistencies.
Photographic evidence attached to the affidavit predominantly depicted the construction work but did not present the completed residential unit, introducing doubts as to when or if actual residence was established.

Filed on 7 May 2009 where she claimed residency of six months in Brgy. Tugas prior to the registration.
This claim was technically contradicted by the records showing property purchase in Brgy. Tugas on 9 December 2008, thus failing to support the asserted period of residency.

Approval of voter registration was disputed as it presupposes, but does not prove, compliance with the residency requirement for holding candidacy.
The petitioner’s argument relied on the notion that temporary stays in another barangay within the same municipality could suffice to meet the residency prerequisite.

Whether the inconsistencies in the joint affidavit of petitioner’s witnesses—pertaining to her alleged residence in Brgy. Tugas and temporary stay in Brgy. Punta Miray—sufficiently demonstrate that she failed to establish actual and physical residence as required by law.
Whether the petitioner’s temporary stay in a different barangay (Brgy. Punta Miray) within the municipality of Baliangao may be validly credited as part of her one-year residency requirement.
Whether the certificate of candidacy should be cancelled on the ground that a false material representation was made regarding the residency requirement, thereby constituting a deliberate attempt to mislead the electorate.
Whether the COMELEC retains jurisdiction over the cancellation of a COC and the determination of a candidate’s qualification even after the candidate has been proclaimed the winner of the elections.