Case Digest (G.R. No. 119976)
Facts:
Imelda Romualdez-Marcos v. Commission on Elections and Cirilo Roy Montejo, G.R. No. 119976, September 18, 1995, Supreme Court En Banc, Kapunan, J., writing for the Court.Petitioner Imelda Romualdez‑Marcos filed a Certificate of Candidacy on March 8, 1995 for Representative of the First District of Leyte. In Item No. 8 she entered “Years and seven Months” for “Residence in the constituency where I seek to be elected immediately preceding the election.” On March 23, 1995 private respondent Cirilo Roy Montejo, the incumbent and opposing candidate, filed with the Commission on Elections (COMELEC) a “Petition for Cancellation and Disqualification” alleging failure to meet the Constitution’s one‑year residency requirement; he relied on her Voter Registration Record and Certificate of Candidacy.
Petitioner filed an Amended/Corrected Certificate of Candidacy on March 29, 1995 changing the entry to “since childhood.” The Provincial Election Supervisor refused to accept the amendment as filed late, so petitioner filed the corrected certificate and her Answer with the COMELEC Head Office on March 31, 1995. Petitioner explained the original “seven months” entry as an honest mistake caused by confusing juxtaposed fields in the form and by prior attempts by Montejo to frustrate her Tacloban registration.
On April 24, 1995 the COMELEC Second Division (2–1) struck off the amended certificate and cancelled the original certificate, finding the amendment impermissible after the filing deadline and concluding petitioner did not meet the one‑year residency requirement; the en banc COMELEC denied reconsideration on May 7, 1995. The COMELEC briefly issued and then suspended a May 11, 1995 Resolution regarding petitioner’s proclamation. Petitioner alleged she won the May 8, 1995 congressional election (70,471 votes v. Montejo’s 36,833) and, after canvass, completed a Supplemental Petition (May 25, 1995) asking the Court...(Pro-only)
Issues:
- Did the COMELEC lose jurisdiction or otherwise act without jurisdiction in deciding and disqualifying petitioner outside the period prescribed by Section 78, B.P. Blg. 881 (procedural/timeliness)?
- After the election, does the House of Representatives Electoral Tribunal (HRET) have exclusive jurisdiction over questions of a candidate’s qualifications such that COMELEC must refrain from acting (procedural/competence)?
- Was petitioner a resident of the First District of Leyte for at least one year immediately preceding the ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)