Case Digest (G.R. No. L-1217)
Facts:
Mayor Jose Ugdoracion, Jr. v. Commission on Elections and Ephraim M. Tungol, G.R. No. 179851, April 18, 2008, the Supreme Court En Banc, Nachura, J., writing for the Court. Petitioner is Jose Ugdoracion, Jr.; respondents are the Commission on Elections (COMELEC) and Ephraim M. Tungol (private respondent).In the May 14, 2007 local elections, Ugdoracion and Tungol were rival candidates for Mayor of Albuquerque, Bohol. Both filed Certificates of Candidacy (COCs). On April 11, 2007 Tungol filed a verified Petition to Deny Due Course or Cancel the COC of Ugdoracion, alleging material misrepresentation: that Ugdoracion had represented in his COC that he had resided in Albuquerque, Bohol for forty-one years and that he was not a permanent resident or immigrant to a foreign country, whereas he was in fact a United States lawful permanent resident ("green card" holder) since September 26, 2001 (USINS Alien No. 047-894-254).
Ugdoracion defended that domicile is equivalent to residence, that he retained his domicile of origin in Albuquerque, and that his acquisition of permanent resident status in the USA was not voluntary but the result of a petition filed by his sister. He presented a May 5, 2006 residence certificate, an October 12, 2006 application for voter registration, and a photocopy of an Abandonment of Lawful Permanent Resident Status dated October 18, 2006 as proof of substantial compliance with residency requirements.
On May 8, 2007 the COMELEC First Division cancelled Ugdoracion’s COC and removed his name from the certified list of mayoral candidates. Ugdoracion moved for reconsideration on May 11, 2007. On September 28, 2007 the COMELEC En Banc denied the motion and affirmed the First Division’s finding of material misrepresentation. Ugdoracion then filed a petition for certiorari and prohibition under Rule 64 of the Rules of Court, invoking Article IX‑A, Section 7 of the 1987 Constitution, challenging the May 8 and September 28, 2007...(Subscriber-Only)
Issues:
- Did the COMELEC commit grave abuse of discretion in cancelling Ugdoracion’s Certificate of Candidacy for material misrepresentation—specifically, were his COC statements regarding residency and that he was not a permanent resident or immigrant to a forei...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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