TORAYNO v. COMELEC (2000) FACTS: Emano was proclaimed gov of Misamis Oriental.

. In his CoC, his residence was declared to be in Tagoloan, MO. While still gov, Emano executed a oter !egistration !ecord in C"O #geographicall$ located in MO% which he claimed &' $rs of residence. (e filed his CoC for ma$or of C"O, stating that his residence for preceding & $rs and ) mos was in C"O. !esidents of C"O filed petition before COME*EC for dis+ualification,failed to meet the -.$r residenc$ re+/t. 0rior to resolution of petition, COME*EC proclaimed Emano as elected ma$or. 0etitioners filed petition for +uo warranto before the COME*EC. COME*EC for Emano, hence, this petition. ISSUES: -. WO1 Emano had dul$ established his residence in C"O at least one $ear prior to the elections to +ualif$ him to run for the ma$orship &. If not, WO1 "amasing, the candidate who had received the second highest number of votes, should be proclaimed ma$or of the cit$. DECISION: HELD: 0etitioners2 Emano maintains his domicile in Tagoloan, MO, not in C"O, as allegedl$ shown b$ the following facts2 #-% he had run and won as governor of MO for three consecutive terms immediatel$ preceding the -334 elections5 #&% in the pleadings he filed in connection with an election protest against him relating to the -33) election, he had stated that he was a resident of Tagoloan5 #6% he had full$ exercised the powers and prerogatives of governor until he filed his CoC for ma$or. In discharging his duties as provincial governor, Emano remained a resident of the province. !esidence is a continuing +ualification that an elective official must possess throughout his term. Thus, private respondent could not have changed his residence while he was still governor. The ff were not sufficient to constitute a change of domicile2 having a house in C"O, residing therein while exercising one/s office as governor #the cit$ being the seat of government of the province%, securing a residence certificate and registering as voter therein. (e actuall$ and ph$sicall$ resided in C"O while serving as provincial governor, since the seat of the provincial government was located at the heart of that cit$. It is the person concerned who would be in the best position to ma7e a choice as to his residence. In this case, Emano decided to adopt C"O as his place of residence after the Ma$ -33) elections. In fact, in 8anuar$ -339, he secured his Communit$ Tax Certificate at the Cit$ Treasurer/s Office, stating therein that he was a resident of C"O. "uring the general registration of voters in 8une -339, he registered in one of C"O.

!espondent2

(is transfer of legal residence did not ipso facto divest him of his position as governor. First, there is no law that prevents an elected official from transferring residence while in office. Second, an elective official/s transfer of residence does not prevent the performance of that official/s duties, Third, as ruled in Frivaldo, the loss of an$ of the re+uired +ualifications for election merel$ renders the official/s title or right to office open to challenge. 1o one challenged his right to the Office when he transferred his residence. The sanctit$ of the people/s will, as expressed in the election result, must be respected. (e is not, after all, a stranger to the cit$, much less to its voters. :E;. Emano and his famil$ had actuall$ been residing in Capistrano ;ubdivision, C"O, in a house he had bought in -396. "uring the three terms that he was governor of MO, he ph$sicall$ lived in that cit$, where the seat of the provincial government was located. In 8une -339, he also registered as voter of the same cit$. <ppl$ing Mamba-Perez case,These facts indubitabl$ prove that Emano was a resident of C"O for a period of time sufficient to +ualif$ him to run for public office.

Court2

=act that C"O is a highl$ urbani>ed cit$ and that its residents do not participate in provincial elections is of no moment. ;uch political subdivisions and voting restrictions, however, are simpl$ for the purpose of parit$ in representation. The classification does not completel$ isolate its residents, politics, commerce and other businesses from the entire province especiall$ when the cit$ is at the ver$ heart of the province itself. C"O was once an integral part of MO and remains a geographical part of the province. 1ot onl$ is it at the center of the province5 more important, it is itself the seat of the provincial government. <s a conse+uence, the provincial officials who carr$ out their functions in the cit$ cannot avoid residing therein5 much less, getting ac+uainted with its concerns and interests.

The issue before the Court is whether Emano/s residence in the cit$ +ualifies him to run for and be elected as ma$or, not whether he could have continued sitting as governor of the province. There was no challenge to his eligibilit$ to continue running the province5 hence, the Court cannot ma7e an$ pronouncement on such issue. The actual, ph$sical and personal presence of Emano in C"O is substantial enough to show his intention to fulfill the duties of ma$or and for the voters to evaluate his +ualifications for the ma$orship. 0etitioners/ ver$ legalistic, academic and technical approach to the residence re+uirement does not satisf$ this simple, practical and common.sense rationale for the residence re+uirement. There is no +uestion that Emano was the overwhelming choice of the people. (e won b$ a margin of about 6',''' votes. Thus, it is apt to reiterate the principle that the manifest will of the people as expressed through the ballot must be given fullest effect. In case of doubt, political laws must be interpreted to give life and spirit to the popular mandate.

&. Issue moot and academic