G.R. No. 210200, September 13, 2016
JULIET B. DANO, Petitioner,
vs
COMMISSION ON ELECTIONS AND MARIE KAREN JOY B. DIGAL, Respondents.
MARIA EMILY D. DAGAANG, Petitioner-Intervenor
FACT
Juliet Dano was a natural-born Filipino citizen, who
lived from the Municipality of Sevilla, Province of Bohol. Juliet worked as a
nurse in the U.S and acquired American Citizenship. On February 2, 2012, Juliet
has acquired a Community Tax Certificate (CTC) from the municipal treasurer of
Sevilla. On March 30, 2012, Juliet took her Oath of Allegiance before the Vice
Consul of the Philippine Consulate in Los Angeles, California. Juliet went back
to her hometown in Sevilla to apply for voter registration. After eight days of
applying for voter registration, Juliet went back to the U.S and she stayed
there until September 28, 2012. Juliet admitted that she went back to the U.S
to sell her house in Stockton, California and she shares of stocks in the
companies. On September 30, 2012, Juliet returned to the Philippines and she
executed a Sworn of Renunciation of any Foreign Citizenship.
On October 4, 2012, Juliet Dano filed her Certificate of Candidacy (COC) for mayor of Sevilla. Juliet was the one who represents herself as one a resident of Sevilla for 1 year and 11 days from May 2, 2012, before the elections of May 13, 2013. On October 10, 2012, Marie Karen Joy Digal filed a petition with the COMELEC for the cancellation of Juliet Dano’s Certificate of Candidacy (COC). Mary Karen Digal was the daughter of Ernesita Digal was the daughter of Ernesita Digal. Juliet Dano and Ernesita Digal are the candidates for the mayoralty position in the 2013 elections. Mary Karen Digal argued that Juliet Dano had made a misrepresentation of fact in the Certificate of Candidacy (COC) and failed to comply with the one-year residency requirement under Section 39 of the LGC. Mary Karen Digal presented the following document: First, Certification of the Office of the Municipal Assessor where Juliet Dano had no real property declared under her name in Sevilla as of October 30, 2012; Second, Certification of the COMELEC Election Officer that Juliet Dano had no available voting record as of October 30, 2012; Lastly, an Affidavit executed by Ceferino Digal, a husband of Ernesita Digal’s rival for the mayoralty position.
Juliet Dano presented the following evidence to enact
the fact of her residence in Sevilla: First, Certification of the Office of the
Civil Registrar of Sevilla was issued upon Juliet Dano’s request on January 30,
2012; Second, Community Tax Certificate issued on February 2, 2012; Third,
Application for Registration as a voter on May 2, 2012; Fourth, Philippine
passport was issued on April 27, 2012. Fifth, Deed of Absolute Sale of parcels
of land in favor of Juliet Dano was executed on May 18, 2012; Sixth, Affidavit
executed by Tristan Cabagnot, who was then the incumbent punong barangay of
Poblacion, Sevilla; Lastly, Affidavit executed by Praxides Mosqueda, a retired public-school
teacher and member of the Parish Pastoral Council of Sevilla. Juliet Dano moved
for reconsideration, and she argued that she had reestablished her domicile in
Sevilla. On December 15, 2013, Juliet Dano received the COMELEC En Banc
Resolution denying her Motion for Reconsideration and upholding the
cancellation of her Certificate of Candidacy (COC.) Maria Emily D. Dagaang,
Sevilla’s Vice-Mayor-Elect, filed a Petition-In-Intervention. Maria Emily
Dagaang claimed under Section 44 of the LGC, and she was the who proclaimed as
mayor of Sevilla in case of Juliet Dano’s Certificate of Candidacy were to be
canceled.
ISSUE
Whether COMELEC committed grave abuse of discretion in holding that Juliet Dano had failed to prove compliance with the one-year residency requirement for local elective officials.
RULING
Yes, the court resolves the issue, and COMELEC’s action violates the limits of its discretion to the point of being grossly unreasonable. The court is not obliged but constitutionally mandated to intervene. The court evaluating the prohibitive value of the evidence presented by Juliet Dano. COMELEC concluded that Juliet Dano to reestablish her domicile in Sevilla because she was absent from the municipality for four months. The court reminding the COMELEC that the proceedings under Section 78 allow to rule on misrepresentations of facts, not concluding law that contrary to jurisprudence. Animus Manendi et Revertendi is an essential requirement for the acquisition of a domicile of choice. The law does not require the physical presence to be profound.
In the Doctrine of Japzon v.
Comelec, the Court held that to be considered a resident of a
municipality, the candidate is not required to stay and never leave the place
for a full one-year period before the date of the election. In the Doctrine of Sabili
v. Comelec, the Court restated that the law does not require a
candidate to be at home 24 hours a day 7 days a week to fulfill the residency
requirement. The following evidence was performed by Juliet Dano of one year
before the elections, or by May 13, 2012, which demonstrated her Animus Manendi
et Revertendi: First, Juliet Dano made her intention to run for the mayoralty
position. There is a preparation to qualify for the position, Juliet Dano went
through the reacquisition process under Republic Act No. 9225; Second, Juliet
Dano started to reside in an ancestral home, and obtained a Community Tax
Certificate (CTC) during the first quarter of 2012; Third, Juliet Dano applied
for voter’s registration in Sevilla. Lastly, Juliet Dano went back to the US to
fixed of her properties.
COMELEC was misrepresent in disregarding the affidavits of
the punong barangay and a long-time resident of Sevilla for not being "substantiated
by proof."
In the Doctrine of Sabili vs Comelec, the court stated the
certification of the punong barangay should be given due consideration. In the
Doctrine of Mitra vs Comelec, the court stated that the cancellation of the
Certificate of Candidacy (COC) was reversed because the COMELEC failed to attempt
to mislead, misinform or hide a fact render for Juliet Dano’s ineligible for
the position of the Mayor of Sevilla. The court concluded that they cannot
sustain the cancellation of Juliet Dano’s Certificate of Candidacy (COC).
The Petition is hereby GRANTED.
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