Case Digest (G.R. No. 179313)
Facts:
- The case involves Makil U. Pundaodaya (petitioner) and the Commission on Elections (COMELEC) along with Arsenio Densing Noble (respondent).
- Noble filed his Certificate of Candidacy on March 27, 2007, claiming 15 years of residency in Purok 3, Barangay Esperanza, Kinoguitan, Misamis Oriental.
- Pundaodaya, whose wife Judith was also a candidate for mayor, filed a disqualification petition against Noble on April 3, 2007, arguing that Noble was actually a resident of Lapasan, Cagayan de Oro City, where he ran a business.
- Noble asserted he was a registered voter in Kinoguitan and had participated in elections there since 1998.
- On May 13, 2007, COMELEC's Second Division disqualified Noble for failing to prove actual residency.
- Despite the disqualification, Noble won the election on May 15, 2007.
- The COMELEC En Banc reversed the disqualification on August 3, 2007, declaring Noble qualified based on his marriage ties and voter registration.
- Pundaodaya filed a petition for certiorari, claiming COMELEC acted with grave abuse of discretion.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted Pundaodaya's petition, reversing the August 3, 2007, resolution of the COMELEC En Banc that declared Noble qualified.
- The Court found Noble disqualified due to insufficient evidence of residency.
- The Court ruled there was no basis for proclaiming Judith ...(Unlock)
Ratio:
- The Supreme Court's decision focused on the interpretation of residency requirements under Section 39 of Republic Act No. 7160, the Local Government Code.
- The Court clarified that residency involves the intention to establish a permanent home, not just physical presence.
- Previous rulings indicated that voting does not conclusively establish residency.
- Noble's claims of residency were weakened by evidence ...continue reading
Case Digest (G.R. No. 179313)
Facts:
The case involves Makil U. Pundaodaya (petitioner) and the Commission on Elections (COMELEC) along with Arsenio Densing Noble (respondent). The events unfolded in Kinoguitan, Misamis Oriental, where Noble filed his Certificate of Candidacy on March 27, 2007, claiming to have resided in Purok 3, Barangay Esperanza for 15 years. Pundaodaya, whose wife Judith was also a candidate for the same mayoral position, filed a petition for disqualification against Noble on April 3, 2007, asserting that Noble lacked the necessary residency qualifications. Pundaodaya contended that Noble was actually a resident of Lapasan, Cagayan de Oro City, where he operated a business. In response, Noble claimed he was a registered voter in Kinoguitan and had participated in elections there since 1998.
On May 13, 2007, the COMELEC's Second Division ruled in favor of Pundaodaya, disqualifying Noble on the grounds that he failed to establish actual residency in Kinoguitan. Noble subsequently filed a motion for reconsideration and, despite the disqualification, won the election on May 15, 2007. The COMELEC En Banc reversed the earlier decision on August 3, 2007, declaring Noble qualified to run for mayor, citing his marriage ties and voter registration as sufficient evidence of residency. Pundaodaya then filed a petition for certio...