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Comelec
Imelda Romualdez-Marcos filed her Certificate of
Candidacy (COC) for the position of Representative of
the First District of Leyte, stating that she is 7-months
resident in the said district.
Montejo, incumbent Representative and a candidate
for the same position, filed a Petition for Cancellation
and Disqualification, alleging that Imelda did not meet
the constitutional one-year residency requirement.
Imelda thus amended her COC, changing seven
months to since childhood.
The provincial election supervisor refused to admit
the amended COC for the reason that it was filed out
of time.
Imelda, thus, filed her amended COC with Comelec's
head office in Manila.
On April 24, 1995, the Comelec Second Division
declared Imelda not qualified to run and struck off
the amended as well as original COCs. The
Comelec in
division
found
that
when
Imelda chose to stay in Ilocos and later on in Manila,
coupled with her intention to stay there
by registering as a voter there and expressly
declaring that she is a resident of that place, she is
deemed to have abandoned Tacloban City, where she
spent her childhood and school days, as her place of
domicile.
The Comelec en banc affirmed this ruling.
During the pendency of the disqualification case, Imelda
won
in
the
election.
But
the Comelec suspended her proclamation.
Imelda
thus
appealed
to
the
Supreme
Court.
Regalado, J. (Dissenting):
A woman loses her domicile of origin once she gets married. The death of her husband does not automatically allow her domicile to
shift to its original. Such theory is not stated in any of the provisions of law.
Davide, Jr. J. (Dissenting):
A writ of certiorari may only be granted if a government branch or agency has acted without or in excess of its jurisdiction. The
COMELECs resolutions are within the scope and jurisdiction of this particular agencys powers. In agreement with Regalado, re:
womans domicile.