G.R. No. 134015 - Domino vs. Commission on Elections

Case Summary (G.R. No. 134015)

Factual Background

On 25 March 1998 petitioner filed his certificate of candidacy for Representative of the Lone Legislative District of the Province of Sarangani, stating he had resided in the constituency for one year and two months immediately preceding the election. On 30 March 1998 private respondents filed SPA No. 98-022 before the COMELEC, petitioning to deny due course to or cancel petitioner’s certificate of candidacy on the ground that he was not a resident or registered voter of Sarangani. Petitioner maintained that he had resided in Sarangani since January 1997.

Proceedings Before the COMELEC

The petition to deny due course to or cancel the certificate of candidacy was assigned to the Second Division of the COMELEC. After hearing and submission of documentary and testimonial evidence by the parties, the Second Division promulgated a resolution on 6 May 1998 disqualifying petitioner for failure to meet the one-year residence requirement and ordered cancellation of his certificate of candidacy. Petitioner filed a motion for reconsideration, which the COMELEC en banc denied in its 29 May 1998 decision.

Evidence Presented by Private Respondents

Private respondents introduced a voter’s registration record (VRR No. 31326504) dated 22 June 1997 indicating petitioner’s registration at Precinct No. 4400-A, Old Balara, Quezon City, a Community Tax Certificate dated 15 January 1997, past certificates of candidacy showing petitioner’s prior residence and voter registration in Quezon City, and other documents and certifications suggesting petitioner remained registered and identified with Quezon City as of June 1997.

Evidence Presented by Petitioner

Petitioner offered a January 15, 1997 lease contract for a house in Alabel, Sarangani, an extra-judicial sale dated 4 November 1997, an MTC Decision of 19 January 1998 in election exclusion proceedings declaring the Dominos to be residents of Alabel, SARANGANI since December 1996 and ordering transfer of their VRR, applications for transfer of registration dated August 30, 1997, a Notice of Approval by the Election Registration Board dated 20 October 1997, affidavits and certifications of local residents attesting to petitioner’s residence in Alabel, income tax returns, and other documentation supporting his claim of residence in Sarangani.

COMELEC Second Division Resolution of 6 May 1998

The COMELEC Second Division found that petitioner’s own VRR dated 22 June 1997 listing 24 Bonifacio St., Ayala Heights, Old Balara, Quezon City undermined his claim of residence in Alabel as early as January 1997. The Second Division held it was improbable that petitioner, who previously ran in Quezon City in 1995, could have forgotten the residency requirement. Counting from the day after June 22, 1997 to the election on May 11, 1998, the Division concluded petitioner lacked the constitutional one-year residency required for a Member of the House of Representatives, and therefore ordered his disqualification and cancellation of his certificate of candidacy.

Supplemental Omnibus Resolution and Election Outcome

On election day, 11 May 1998, the COMELEC issued Supplemental Omnibus Resolution No. 3046 directing that votes cast for petitioner be counted but that his proclamation be suspended if he won, because the disqualification resolution had not yet become final and executory. The certified Statement of Votes showed petitioner received the highest number of votes for Congressman of Sarangani.

Petition to the Supreme Court and Intervention

Petitioner filed a petition for certiorari with a prayer for preliminary mandatory injunction, contending the COMELEC committed grave abuse of discretion in ruling he did not meet the one-year residence requirement and arguing, among other points, that the Metropolitan Trial Court decision in exclusion proceedings declaring him a resident of Sarangani was final and binding on the COMELEC. The Court, on 14 July 1998, ordered maintenance of status quo and permitted Lucille Chiongbian-Solon, the second placer, to intervene on 15 September 1998 seeking affirmation of petitioner’s disqualification and her proclamation as duly elected.

Issues Presented

The Court identified and addressed three principal issues: (1) whether the Metropolitan Trial Court decision in exclusion proceedings was final, conclusive and binding on the COMELEC; (2) whether petitioner had resided in the congressional district for at least one year immediately preceding the May 11, 1998 election; and (3) whether the COMELEC had jurisdiction over the petition to deny due course to or cancel the certificate of candidacy. The Court also considered Intervenor’s claim that, if petitioner were disqualified, she should be proclaimed the winner.

On the Effect of the Metropolitan Trial Court Decision

The Court held that the MTC decision in exclusion proceedings was not conclusive upon the COMELEC for purposes of determining candidate qualification. It explained that proceedings for inclusion or exclusion from the voters’ list are summary in character and that factual findings therein, except as to the right to vote in the precinct within the trial court’s territorial jurisdiction, do not have the nature of res judicata in other fora. The Court further held that the MTC exceeded its jurisdiction when it declared petitioner a resident of another municipality and ordered transfer of his registration record, because only the Election Registration Board has authority under Section 12 of R.A. No. 8189 to approve transfers of registration and to transmit VRRs. The Court cited prior authorities, including Ozamis v. Zosa, Tan Cohon v. Election Registrar, and Nuval v. Guray, to reiterate that identity of parties, subject matter and cause of action are necessary for res judicata and that those requisites were absent here.

On the One-Year Residency Requirement

The Court held that petitioner failed to prove he had been a resident of Sarangani for the one-year period required by Section 6, Article VI of the Constitution. It reaffirmed the doctrinal equivalence, as applied by the majority, between the concepts of "residence" and "domicile" in the context of qualifications for suffrage and elective office, and emphasized that domicile requires bodily presence and the intention to make the place one’s fixed and permanent home. The Court explained that to change domicile one must show actual removal, bona fide intention to abandon the former domicile, and acts corresponding to that intent, i.e., animus manendi coupled with animus non revertendi. The Court found the January 15, 1997 lease and subsequent purchase and local affidavits indicative of intent but not sufficient to establish the necessary permanence and abandonment of petitioner’s established domicile in Quezon City. The Court gave weight to petitioner’s June 22, 1997 VRR registration in Quezon City and to the fact that petitioner had applied for transfer only in late August 1997 and sought cancellation of prior registration in October 1997. The Court concluded that both the element of physical presence and the element of intention must concur for the constitutionally prescribed period, and that petitioner did not satisfy the one-year requirement; hence he was ineligible and his election was null and void.

On COMELEC Jurisdiction

The Court held that the COMELEC had jurisdiction under Sec. 78, Art. IX of the Omnibus Election Code to entertain a petition to deny due course to or cancel a certificate of candidacy and that such jurisdiction extends after the election when no

Case Syllabus (G.R. No. 134015)

Parties and Procedural Posture

Juan Domino filed a certificate of candidacy for Representative of the Lone Legislative District of Sarangani on 25 March 1998.
Commission on Elections (COMELEC) Second Division issued a Resolution dated 6 May 1998 declaring Domino disqualified for failure to meet the one-year residence requirement and ordered cancellation of his certificate of candidacy.
COMELEC en banc denied Domino's motion for reconsideration in its Decision dated 29 May 1998.
Private respondents Narciso Ra. Grafilo, Jr., Eddy B. Java, Juan P. Bayonito, Jr., Rosario Samson and Dionisio P. Lim, Sr., filed SPA No. 98-022 to deny due course to or cancel Domino's certificate of candidacy.
Lucille Chiongbian-Solon was allowed to intervene as the candidate who obtained the second highest number of votes.
The petition for certiorari with prayer for preliminary injunction challenged COMELEC's 6 May 1998 Resolution and 29 May 1998 en banc Decision, and the Supreme Court directed maintenance of the status quo on 14 July 1998.

Key Factual Allegations

Domino declared in his certificate of candidacy that he had resided in the constituency for one year immediately preceding the election.
Private respondents alleged that Domino was not a resident or registered voter of Sarangani and presented a Voter's Registration Record No. 31326504 dated June 22, 1997 showing registration in Quezon City.
Private respondents presented as evidence community tax certificates, a copy of Domino's 1995 Certificate of Candidacy in Quezon City, and other documents suggesting prior registration and residence in Quezon City.
Domino contended he had been residing in Alabel, Sarangani since December 1996 and supported his claim with a Contract of Lease dated January 15, 1997, an Extra-Judicial Settlement and Deed of Sale dated November 4, 1997, affidavits of local residents, an application for transfer of registration dated August 30, 1997, and a Metropolitan Trial Court decision of January 19, 1998 ordering transfer of his VRR to Alabel, Sarangani.
On election day, 11 May 1998, the COMELEC issued Supplemental Omnibus Resolution No. 3046 ordering that votes cast for Domino be counted but that his proclamation be suspended if he won because the disqualification resolution was not final.

Evidence Presented

The private respondents relied principally on Voter's Registration Record No. 31326504 dated June 22, 1997 showing Quezon City registration.
They also relied on Community Tax Certificate No. 11132214C dated September 5, 1997, letters and treasurer certifications concerning issuance and stubs of CTCs, and Domino's prior 1995 Certificate of Candidacy.
Domino presented a Contract of Lease dated January 15, 1997 and an Extra-Judicial Settlement with Deed of Sale dated November 4, 1997 evidencing occupation and acquisition of property in Alabel, Sarangani.
Domino also produced an Application for Transfer of Registration dated August 30, 1997, a Notice of Approval of Application by the Election Registration Board, a claim card showing VRR No. 31326504 as transferred to Precinct No. 14A1, affidavits and a certification from the Quezon City Election Officer that Domino and his wife were no longer registered voters of District III, Quezon City.

Issues Presented

Whether the Metropolitan Trial Court decision in the exclusion proceedings declaring Domino a resident of Sarangani was final, conclusive and binding upon COMELEC.
Whether Juan Domino had resided in the Lone Congressional District of Sarangani for at least one year immediately preceding the 11 May 1998 election.
Whether COMELEC had jurisdiction over the petition to deny due course to or cancel Domino's certificate of candidacy.
Whether Lucille Chiongbian-Solon, as second placer, could be proclaimed the winner if Domino were disqualified.

Statutory Framework

Section 78, Article IX of the Omnibus Election Code governs petitions to deny due course to or cancel certificates of candidacy and vests jurisdiction in COMELEC.
Section 6, Article VI of the Constitution prescribes the one-year residence requirement for members of the House of Representa