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