Case Digest (G.R. No. 191938)
Facts:
In Torayno Sr., Eligan & Seriao v. Commission on Elections & Emano, petitioners Rogelio M. Torayno Sr., Generoso Q. Eligan and Jacqueline M. Seriao, all duly registered voters of Cagayan de Oro City, challenged the candidacy and proclamation of private respondent Vicente Y. Emano as city mayor in the May 11, 1998 elections. Emano had served three consecutive terms (1988–1998) as Governor of Misamis Oriental, whose capitol is located in Cagayan de Oro City. He purchased a house in the city in 1973, lived therein with his family while holding office, obtained a Community Tax Certificate in January 1997 listing Cagayan de Oro as his residence, and registered as a voter there in June 1997. On March 25, 1998 he filed his Certificate of Candidacy for city mayor, declaring his residence at 1409 San Jose Street, Gusa, Cagayan de Oro City. Petitioners first filed SPA No. 98-298 before the Comelec First Division to disqualify him for failing to meet the one-year residence requirement, andCase Digest (G.R. No. 191938)
Facts:
- Political Background of Vicente Y. Emano
- Elected provincial governor of Misamis Oriental for three consecutive terms (1988–1998); in his 1995 Certificate of Candidacy (COC), he declared residence in Tagoloan, Misamis Oriental.
- In June 1997, executed a Voter Registration Record in Cagayan de Oro City, claiming 20 years’ residence; owned a house there since 1973.
- Mayoral Candidacy and Petitions
- March 25, 1998: filed COC for mayor of Cagayan de Oro City, stating residence at 1409 San Jose Street, Gusa, Cagayan de Oro City.
- May 15, 1998: petitioners (Torayno Sr., Eligan, Seriao) filed SPA No. 98-298 before Comelec to disqualify Emano for failing the one-year residency requirement.
- May 29, 1998: petitioners filed EPC No. 98-62 (quo warranto) to annul Emano’s proclamation and proclaim runner-up Erasmo B. Damasing.
- Proceedings Before the Commission on Elections
- July 14, 1998: Comelec First Division denied the disqualification petition; cases consolidated on motion.
- January 18, 1999: Comelec en banc upheld the First Division, ruling Emano had valid residency in the city.
Issues:
- Whether the Comelec gravely abused its discretion in ruling that Emano met the one-year residency requirement to run for mayor of Cagayan de Oro City.
- Whether Emano’s continued service and prior sworn statements as Misamis Oriental governor precluded a genuine change of domicile.
- Whether owning a house in the city, holding office at the city capitol, and registering as voter in June 1997 sufficed to establish domicile for at least one year before the election.
- Whether, if Emano were disqualified, the candidate with the second highest votes (Erasmo B. Damasing) should be proclaimed mayor.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)