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DOMINO VS COMELEC G.R. NO.

134015 FACTS: The case is a petition for certiorari with a prayer for preliminary injunction are the Resolution of 6 May 1998[1] of the Second Di ision of the !ommission on "lections #hereafter !$M"%"!&' declarin( petitioner )uan Domino #hereafter D$M*+$& dis,ualified as candidate for representati e of the %one %e(islati e District of the -ro ince of Saran(ani in the 11 May 1998 elections' and the Decision of .9 May 1998[.] of the !$M"%"! en /anc denyin( D$M*+$0s motion for reconsideration1 $n .2 March 1998' petitioner Domino filed his certificate of candidacy for the position of Representati e of the %one %e(islati e District of the -ro ince of Saran(ani indicatin( in that he had resided in the constituency where he see3s to /e elected for one #1& year and two #.& months immediately precedin( the election1 $n March 45' 1998' pri ate respondents filed with the !$M"%"! a -etition to !ancel !ertificate of !andidacy a(ainst Domino1 6ccordin( to respondents' Domino is not a resident nor a re(istered pro ince of Saran(ani1 oter of the

7or his defense' D$M*+$ maintains that he had complied with the one8year residence re,uirement and that he has /een residin( in Saran(ani since )anuary 19991 $n 6 May 1998' the !$M"%"! .nd Di ision promul(ated a resolution declarin( D$M*+$ dis,ualified as candidate for the position of representati e of the lone district of Saran(ani for lac3 of the one8year residence re,uirement and li3ewise ordered the cancellation of his certificate of candidacy1 $n 11 May 1998' the day of the election' the !$M"%"! issued Supplemental $mni/us Resolution +o1 45:6' orderin( that the otes cast for D$M*+$ /e counted /ut to suspend the proclamation if winnin(' considerin( that the Resolution dis,ualifyin( him as candidate had not yet /ecome final and e;ecutory1 The result of the election' per Statement of <otes certified /y the !hairman of the -ro incial =oard of !an assers' shows that D$M*+$ (arnered the hi(hest num/er of otes o er his opponents for the position of !on(ressman of the -ro ince of Saran(ani1 $n 12 May 1998' D$M*+$ filed a motion for reconsideration of the Resolution dated 6 May 1998' which was denied /y the !$M"%"! en /anc in its decision dated .9 May 19981 Domino prayed> for -etition for !ertiorari with prayer for -reliminary Mandatory *njunction alle(in(' in the main' that the !$M"%"! committed (ra e a/use of discretion amountin( to e;cess or lac3 of jurisdiction when it ruled that he did not meet the one8 year residence re,uirement1

The candidate who (athered the second hi(hest num/er of otes inter ened in the case and said that she should /e declared as a winner since Domino was dis,ualified from runnin( for the position1 ISSUES: 11 ?hether or not the !$M"%"! has jurisdiction to deny or cancel the certificate of candidacy of the petitioner1 .1 ?hether or not petitioner is a resident of Saran(ani -ro ince for at least 1 year immediately precedin( the May 1998 election HELD: 11 @es' the !$M"%"! has jurisdiction as pro ided in Section 98 6rticle *A of the $mni/us "lection !ode o er a petition to deny due course to or cancel certificate of candidacy1 *t is within the jurisdiction of the !$M"%"! to determine whether false representations as to the material facts were made in the certificate of candidacy includin( the residence re,uirement1 .1 +o' the term residence as used in the law prescri/in( the ,ualifications for suffra(e and for electi e office' means the same thin( as domicile which (i es the intention to reside in a fi;ed place and personal presence in that place' coupled with conduct indicati e of such intention1 The petitioner0s domicile of ori(in was !andon' *lucos Sur /ut ac,uired his domicile of choice at .: =onifacio St1 6yala Bei(hts' $ld =alara' CueDon !ity1 The petitioner contended that he already esta/lished his new domicile in Saran(ani /y leasin( a house and lot located therein1 Bowe er' the !ourt is unsatisfied with it1 The lease contract may /e indicati e of Domino0s intention to reside in Saran(ani' howe er' it does not produce the 3ind of permanency re,uired to pro e a/andonment of his ori(inal domicile1