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    Torayno Vs COMELEC GR No 137329 09 August

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    Maggie
    Emano was the governor of Misamis Oriental for three terms but ran for mayor of Cagayan de Oro City in the 1997 election. Torayno challenged Emano's candidacy, arguing he did not meet the residency requirement. The COMELEC upheld Emano's candidacy. The Supreme Court also dismissed the petition, finding that although Emano's official residence was in Tagoloan as governor, he had actually resided in Cagayan de Oro City while serving as governor, as shown by paying taxes there. The Court affirmed the COMELEC's decision, noting the voters overwhelmingly chose Emano and their will should be given fullest effect.

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    Torayno Vs COMELEC GR No 137329 09 August

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    Maggie
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    Emano was the governor of Misamis Oriental for three terms but ran for mayor of Cagayan de Oro City in the 1997 election. Torayno challenged Emano's candidacy, arguing he did not meet the residency requirement. The COMELEC upheld Emano's candidacy. The Supreme Court also dismissed the petition, finding that although Emano's official residence was in Tagoloan as governor, he had actually resided in Cagayan de Oro City while serving as governor, as shown by paying taxes there. The Court affirmed the COMELEC's decision, noting the voters overwhelmingly chose Emano and their will should be given fullest effect.

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    3. Torayno vs COMELEC GR No 137329 09 August

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    Emano was the governor of Misamis Oriental for three terms but ran for mayor of Cagayan de Oro City in the 1997 election. Torayno challenged Emano's candidacy, arguing he did not meet the residency requirement. The COMELEC upheld Emano's candidacy. The Supreme Court also dismissed the petition, finding that although Emano's official residence was in Tagoloan as governor, he had actually resided in Cagayan de Oro City while serving as governor, as shown by paying taxes there. The Court affirmed the COMELEC's decision, noting the voters overwhelmingly chose Emano and their will should be given fullest effect.

    Copyright:

    © All Rights Reserved
    63 views2 pages

    Torayno Vs COMELEC GR No 137329 09 August

    Uploaded by

    Maggie
    Emano was the governor of Misamis Oriental for three terms but ran for mayor of Cagayan de Oro City in the 1997 election. Torayno challenged Emano's candidacy, arguing he did not meet the residency requirement. The COMELEC upheld Emano's candidacy. The Supreme Court also dismissed the petition, finding that although Emano's official residence was in Tagoloan as governor, he had actually resided in Cagayan de Oro City while serving as governor, as shown by paying taxes there. The Court affirmed the COMELEC's decision, noting the voters overwhelmingly chose Emano and their will should be given fullest effect.

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    Torayno vs COMELEC GR No 137329 09 August 2000

    Facts: Vicente Emano was provincial governor of Misamis Oriental for three terms until 1995 election
    and his certificate of candidacy showed that his residence was in Tagoloan, Misamis Oriental. On 14
    June 1997, while still governor he executed a voter registration record in Cagayan de Oro City which is
    geographically located in Misamis Oriental, claiming 20 years of residence. He filed candidacy for
    mayor in the said city and stated that his residence for the preceding two years and five months was
    in the same city. Rogelio Torayno Sr filed petition for disqualification of Emano fo failing to meet the
    residency requirement. Emano won the mayoral post and proclaimed winner. Torayno filed for
    annulment of election of Emano. COMELEC upheld its decision.
    Issue: Whether or not Emano failed the constitutional residency requirement?
    Decision: Petition dismissed, COMELEC resolution affirmed. Emano was the overwhelming choice of
    the people of Cagayan de Oro. The court find it apt to reiterate the principle that the manifest will of
    the people as expressed through the ballot be given the fullest effect. Emano was actually and
    physically residing in CDO while discharging his duties as governor and even paid his community tax
    certificate in the same. The residency requirement intends to prevent the possibility of a “stranger
    unacquainted with the conditions and needs of the community from seeing an elective office to serve
    that community.”
    qualifies him to run for and be elected as mayor, not whether he could have continued sitting as
    governor of theprovince. The actual, physical and personal presence of Torayno in Cagayan de Oro City
    is substantial enough to show hisintention to fulfill the duties of mayor and for the voters to evaluate his
    qualifications for the mayorship

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