G.R. No. 48208 - Sobrecarey vs. Quimpo

Pacifico M. Sobrecarey – Solicitante/Appellant
Romualdo C. Quimpo – Recurrido/Appellee
The proceeding is a quo warranto action initiated in the Juzgado de Primera Instancia de Davao, Duavao.
The issue raised concerns the eligibility of the candidate elected as Governor Provincial of Davao following the elections held on December 10, 1940.

The petitioner, Sobrecarey, contended that Quimpo was ineligible to hold the gubernatorial office because he was not a resident of the Province of Davao.
It was alleged that although Quimpo possessed residency and qualification as an elector in the City of Davao, the city’s organization under Commonwealth Act No. 51 purportedly removed it from being an integral part of the province.
The petitioner argued that residing in the City of Davao did not satisfy the residency requirement for the provincial position.

Upon notice, the appellee (Quimpo) filed a motion for the dismissal of the quo warranto petition, asserting that he was indeed a qualified elector and resident of the City of Davao where his residence was established long before the city was organized.
The local trial court determined, based on the petition’s own admissions, that Quimpo was a resident and qualified elector of the City of Davao and by extension, argued that the City was contained within the territorial jurisdiction of the Province of Davao.
Consequently, the trial court ordered the dismissal (sobreseimiento) of the action.

Dissatisfied with the ruling, the petitioner appealed the decision to the Supreme Court.
The sole question before the appellate court was whether residency in the City of Davao qualifies as residency in the Province of Davao for purposes of eligibility for the gubernatorial election.
Quimpo’s residency was central to the dispute, with the petitioner contending that the enactment of Commonwealth Act No. 51 effectively separated the city from the province for election purposes.

Whether a person residing in the City of Davao, which was organized under Commonwealth Act No. 51, can be considered a resident of the Province of Davao for the purpose of qualifying for the gubernatorial election.

Whether the legislative enactment (Commonwealth Act No. 51) implies a territorial separation between the City of Davao and the Province of Davao.
The proper construction of statutory provisions concerning residency as set out in Article 40 of the Revised Administrative Code (Ley No. 2111) and relevant provisions of the aforementioned Act.