Aquino v COMELEC

Facts:

Agapito Aquino filed a Cert. of Candidacy to run for Rep in the 2^nd district of Makati. However, Mateo Bedon ( Chairman of LAKAS-NUCD-UMDP) filed a petition to disqualify Aquino on the grounds that he lacked the residence qualification under Sec 6, Art 7 of the 1987 Consti. Hearings were conducted by the COMELEC and dismissed Bedon’s petition to disqualify.

During the counting of votes, Aquino garnered more votes against Agusto Syjuco. Bedon then filed an Urgent Motion to Suspend Proclamation of Aquino to which COMELEC agreed by issuing an Order. COMELEC then again issued another Order declaring Aquino to be disqualified due to the lack of constitutional qualification of residence.

Hence, the petition for certiorari.

Issue:

W/N COMELEC erred in deciding that petitioner lacked the constitutional req’ts for residence.

Held:

No! Aquino failed to prove that he was a resident of the 2^nd Legislative District of Makati for a period of one year at the time of election. His domicile of origin was in Concepcion, Tarlac. COMELEC said that the intention not to establish a permanent home in Makati is evident in his leasing a condo unit instead of buying one. While a lease contract may give an indication that he intends to reside in Makati, it does not engender the kind of permanency required to prove abandonment of one’s domicile. Aquino himself testified that his intention was really for a year because he has other “residences” in Manila or Quezon City.

Residence is synonymous with domicile -> place where a party actually or constructively has his permanent home where he, no matter where he may be found eventually intends to return and remain (ruling in Co V Electoral Tribunal of House of Rep)