Title
Perez vs. Commission on Elections
Case
G.R. No. 133944
Decision Date
Oct 28, 1999
A voter challenged a candidate’s residency eligibility post-election; SC ruled HRET had jurisdiction, upheld residency claim based on evidence.

Case Summary (G.R. No. 199067)

Background of the Petition

The case arose from a petition for certiorari filed by Marcita Mamba Perez to annul the resolutions of the Commission on Elections (COMELEC) regarding the disqualification of Rodolfo E. Aguinaldo from running for the House of Representatives. The petition challenged the May 10, 1998, resolution from the COMELEC that dismissed the disqualification petition and the subsequent denial of a motion for reconsideration on June 11, 1998.

Basis of the Disqualification Petition

Marcita Mamba Perez contended that Aguinaldo did not meet the residency requirement mandated by Article VI, Section 6 of the 1987 Philippine Constitution, which necessitates that a candidate must be a resident of the district for at least one year prior to the elections. She presented evidence showing that, prior to December 1997, Aguinaldo had registered as a voter in Barangay Calaoagan Dackel, Municipality of Gattaran, an area outside the Third District of Cagayan.

Aguinaldo's Defense

In response, Aguinaldo claimed he moved to Tuguegarao in July 1990 and provided supporting documents, including a lease agreement, an affidavit from the apartment owner, and other personal records that indicated his residency in Tuguegarao for more than a year before the elections. He argued that his previous registrations and candidacies did not reflect his true place of residence.

COMELEC's Resolution

The COMELEC unanimously found Aguinaldo qualified to run as representative for the Third District and dismissed Perez’s petition. Following the elections, Aguinaldo won and was proclaimed as the Representative on May 16, 1998.

Jurisdictional Issues

A primary issue addressed was the jurisdiction of the COMELEC after Aguinaldo's proclamation. Aguinaldo asserted that the COMELEC lost jurisdiction over the matter once he took office, while Perez countered that her original petition filed before the elections should allow for continued proceedings.

Legal Framework

Central to the decision was Section 6 of Republic Act No. 6646, which allows for disqualification proceedings to continue even after elections, provided the candidate has not yet been proclaimed. The court ruled that after Aguinaldo's proclamation, the COMELEC had no jurisdiction over the disqualification motion, which also influenced the court’s ability to review the case.

Findings on Eligibility

The Court examined whether Aguinaldo's residency met constitutio

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