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ANTONIO P. MALALAY
Plaintiff,
EC NO. 18-01
- versus - For: Quo Warranto
PREFATORY STATEMENT
“The sanctity of the people's will must be observed at all times if our
nascent democracy is to be preserved. In any challenge having the effect of
reversing a democratic choice, expressed through the ballot, this Court
should be ever so vigilant in finding solutions which would give effect to the
will of the majority, for sound public policy dictates that all elective offices
are filled by those who have received the highest number of votes cast in an
election. When a challenge to a winning candidate's qualifications however
becomes inevitable, the ineligibility ought to be so noxious to the
Constitution that giving effect to the apparent will of the people would
ultimately do harm to our democratic institutions.” 1
1
AQUINO vs. COMELEC, G.R. No. 120265, September 18, 1995
6. The Respondent does not dispute the fact that he has been
residing in his present address of 803 Sitio Sunrise, Barangay
Pooc, Talisay City, Cebu since 2015 or for a period of more than
Three (3) years already2”;
8. The fact that the Respondent has been living in Pooc, Talisay
City, Cebu, Philippines for the past 3 years, actually stepping
Respondent Osmundo J.
Manreal, Jr. satisfied the
residency requirement when he
ran for public office
X----------------------/
13.Nor does the Petitioner contest this fact since he was the one
who presented Manreal’s travel documents which clearly show
that Osmundo J. Manreal, Jr. returned to the Philippines as
early as 12 June 2015;
22.In the case at bar, the judicial admission was made for the first
time in the Petitioner’s pleading when he stated in his
Complaint that the Respondent is also of legal age and a
resident of Sitio Sun Rise, Pooc, Talisay City, Cebu. The second
judicial admission was made during the course of proceedings,
where the witness Antonio P. Malaay himself made the same
admission as to the Respondent Manreal’s residence when
grilled for cross examination;
PRAYER