Facts:

The case revolves around the petitioners Rogelio M. Torayno Sr., Generoso Eligan, and Jacqueline M. Seriao, who filed a petition against the Commission on Elections (Comelec) and Vicente Y. Emano. The events leading to this case began during the 1995 elections when Vicente Y. Emano was elected and proclaimed as the provincial governor of Misamis Oriental, marking his third consecutive term. In his Certificate of Candidacy dated March 12, 1995, Emano declared his residence to be in Tagoloan, Misamis Oriental. However, on June 14, 1997, while still serving as governor, he registered as a voter in Cagayan de Oro City, claiming 20 years of residence there. On March 25, 1998, he filed his Certificate of Candidacy for mayor of Cagayan de Oro City, stating his residence as 1409 San Jose Street, Capistrano Subdivision, Gusa, Cagayan de Oro City.

The petitioners, all residents of Cagayan de Oro City, filed a petition with the Comelec on May 15, 1998, seeking Emano's disqualific...

Facts:

1. Background of the Case: The case involves a Petition for Certiorari under Rule 65 of the Rules of Court, seeking to set aside the January 18, 1999 Resolution of the Commission on Elections (Comelec) en banc in SPA No. 98-298. The Comelec upheld the July 14, 1998 Resolution of the Comelec First Division, which ruled that Vicente Y. Emano possessed the minimum period of residence to be eligible to vote and be voted as mayor of Cagayan de Oro City.

2. Emano’s Political Career: Vicente Y. Emano served as the provincial governor of Misamis Oriental for three consecutive terms (1988-1998). During his tenure, he resided in Cagayan de Oro City, where the provincial capitol is located. In his Certificate of Candidacy for the 1995 elections, he declared his residence as Tagoloan, Misamis Oriental.

3. Change of Residence: On June 14, 1997, Emano executed a Voter Registration Record in Cagayan de Oro City, claiming 20 years of residence. On March 25, 1998, he filed his Certificate of Candidacy for mayor of Cagayan de Oro City, stating that he had resided at 1409 San Jose Street, Capistrano Subdivision, Gusa, Cagayan de Oro City, for the preceding two years and five months.

4. Petition for Disqualification: On May 15, 1998, petitioners Rogelio M. Torayno Sr., Generoso Q. Eligan, and Jacqueline M. SeriAo, all residents of Cagayan de Oro City, filed a Petition before the Comelec seeking Emano’s disqualification as a mayoral candidate, alleging that he failed to meet the one-year residence requirement. After Emano was proclaimed mayor, petitioners filed another Petition for quo warranto, seeking the annulment of Emano’s election and the proclamation of Erasmo B. Damasing, who received the next highest number of votes.

5. Comelec’s Ruling: The Comelec First Division denied the Petition for Disqualification, and the Comelec en banc upheld this decision, finding that Emano had established his residence in Cagayan de Oro City for the required period.

Issue:

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Ruling:

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Ratio:

1. Purpose of Residence Requirement: The Constitution and the law require residence as a qualification for elective office to ensure that candidates are familiar with the needs and conditions of their constituencies. Emano’s long-standing physical presence in Cagayan de Oro City, coupled with his registration as a voter, satisfied this requirement.

2. Liberal Interpretation of Election Laws: Election laws must be interpreted in favor of the popular mandate. The Court reiterated that the will of the people, as expressed through the ballot, should prevail over technical legal objections.

3. Change of Domicile: A change of domicile is a matter of intention and physical presence. Emano’s actions, including securing a residence certificate and registering as a voter in Cagayan de Oro City, demonstrated his intention to adopt the city as his new domicile.

4. No Challenge to Emano’s Governorship: The Court declined to rule on whether Emano’s change of residence disqualified him from continuing as governor, as this issue was not raised in the case.

Conclusion:

The Supreme Court upheld the Comelec’s decision, affirming that Vicente Y. Emano met the residence requirement to run for mayor of Cagayan de Oro City. The Court emphasized the importance of respecting the popular mandate and liberally interpreting election laws to ensure the will of the people prevails.