Election Law Case Digest Matrix 1
Election Law Case Digest Matrix 1
Election Law Case Digest Matrix 1
Article V – Suffrage
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Election Law Case Digest Matrix 1 – Stef Macapagal
Romualdez-Marcos v. COMELEC Imelda Romualdez-Marcos filed her W/N Marcos can be considered as a YES. It stands to reason that Marcos In election cases, the term
GR No. 119976 Certificate of Candidacy for the resident, for election purposes, of the merely committed an honest mistake “residence” has always been
18 September 1995 position of Representative of the First District of Leyte for a period of in jotting the word “seven” in the considered as synonymous with
Kapunan, J. First District of Leyte. In her one year at the time of the elections. space provided for the residency “domicile” which imports not only
residence information, she wrote qualification requirement. The the intention to reside in a fixed place
down “seven months.” juxtaposition of entries in Item 7 and but also personal presence in that
Item 8—the first requiring actual place, coupled with conduct
When Cirilo Montejo, the incumbent residence and the second requiring indicative of such intention. Domicile
representative, challenged her domicile—coupled with the denotes a fixed permanent residence
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Election Law Case Digest Matrix 1 – Stef Macapagal
candidacy for not being able to meet circumstances surrounding Marcos’ to which when absent for business or
the one-year residency requirement, registration as a voter in Tolosa pleasure, or for like reasons, one
Marcos filed an Amended/Corrected obviously led her to writing down an intends to return.
Certificate of Candidacy, changing unintended entry for which she could
the entry “seven months” to “since be disqualified. This honest mistake How one acquires a new domicile by
childhood.” COMELEC did not should not, however, be allowed to choice: There must concur (1)
accept the Amended Certificate, negate the fact of residence in the residence or bodily presence in the
which prompted her to file a case First District if such fact were new locality; (2) intention to remain
with COMELEC. established by means more there; and (3) intention to abandon
convincing than a mere entry on a the old domicile.
COMELEC then passed a Resolution piece of paper. Although Marcos
denying Marcos’ petition, stating that held various residences for different Domicile includes the twin elements
the facts point to Marcos not being purposes during the last four decades, of “the fact of residing or physical
able to satisfy the residency none of these purposes unequivocally presence in a fixed place” and
requirement. COMELEC stated that point to an intention to abandon her animus manendi, or the intention of
when Marcos chose to stay in Ilocos domicile of origin in Tacloban, returning there permanently.
and later on in Metro Manila, Leyte. When she married former
coupled with her intention to stay President Marcos, she kept her Residence, in its ordinary conception,
there by registering as a voter there domicile of origin and merely gained implies the factual relationship of an
and expressly declaring that she is a a new home, not a domicilium individual to a certain place. It is the
resident of that place, she is deemed necessarium. Her well-publicized ties physical presence of a person in a
to have abandoned Tacloban City, to her domicile of origin are part of given area, community, or country.
where she spent her childhood and the history and lore of the quarter The essential distinction between
school days, as her place of domicile. century of Marcos power in our residence and domicile in law is that
Marcos’ MR was also denied. On the country. Either they were entirely residence involves the intent to leave
day before the elections, the ignored by the COMELEC’s when the purpose for which the
COMELEC issued a Resolution Resolutions, or the majority of the resident has taken up his abode ends.
declaring her not qualified to run for COMELEC did not know what the
the position of Member of the House rest of the country always knew: the If a person’s intent be to remain, it
of Representatives. Several days fact of Marcos’ domicile in becomes his domicile; if his intent is
after, it issued another Resolution Tacloban, Leyte. to leave as soon as his purpose is
allowing Marcos’ proclamation established it is residence.
should the results of the canvas show W/N the COMELEC properly YES. A statute requiring rendition of
that she obtained the highest number exercised its jurisdiction in judgment within a specified time is It is the fact of residence, not a
of votes in the constituency. On the disqualifying Marcos outside the generally construed to be merely statement in a certificate of
same day, the COMELEC reversed period mandated by the Omnibus directory. In any event, with the candidacy which ought to be decisive
its own Resolution. Election Code for disqualification enactment of Sections 6 and 7 of RA in determining whether or not an
cases under Article 78 of the said 6646 in relation to Section 78 of BP individual has satisfied the
Code. 881, it is evident that COMELEC constitution’s residency qualification
does not lose jurisdiction to hear and requirement.
decide a pending disqualification
case even after the elections. An individual does not lose his
domicile even if he has lived and
W/N the House of Representatives NO. HRET’s jurisdiction as the sole maintained residences in different
Electoral Tribunal assumed exclusive judge of all contests relating to the places.
jurisdiction over the question of elections, returns, and qualifications
Marcos’ qualifications after the of members of Congress begins only (1) A minor always follows the
elections. after a candidate has become a domicile of his parents. Domicile,
member of the House of once acquired, is retained until a new
Representatives. one is gained. (2) Domicile of origin
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Election Law Case Digest Matrix 1 – Stef Macapagal
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Election Law Case Digest Matrix 1 – Stef Macapagal
following day, the elections were of Makati is an alleged lease can a minority or defeated candidate
held with Aquino garnering the agreement of condominium unit in be deemed elected to the office.
highest number of votes. Move the area, which does not engender the
Makati and Bedon then moved to kind of permanency required to
suspend the proclamation of Aquino, prove abandonment of one’s original
which the COMELEC acceded to. domicile. The facts indicate that the
On 2 June 1995, the COMELEC sole purpose of Aquino in
declared Aquino ineligible and transferring his physical residence is
disqualified to run for public office, not to acquire new residence or
for lack of the constitutional domicile but only to qualify as a
qualification of residence. candidate for Representative of the
Second District of Makati City.