This case has been cited 4 times or more.
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2014-09-23 |
BRION, J. |
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| Similarly, the fact that Osmeña has no registered property under his name does not belie his actual residence in Toledo City because property ownership is not among the qualifications required of candidates for local election.[78] It is enough that he should live in the locality, even in a rented house or that of a friend or relative.[79] To use ownership of property in the district as the determinative indicium of permanence of domicile or residence implies that only the landed can establish compliance with the residency requirement.[80] In Perez v. COMELEC,[81] we sustained the COMELEC when it considered as evidence tending to establish a candidate's domicile of choice the mere lease (rather than ownership) of an apartment by a candidate in the same province where he ran for the position of governor. | |||||
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2013-10-22 |
PEREZ, J. |
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| Similarly, in the earlier Perez v. Commission on Elections,[77] the Court ruled that the COMELEC did not have jurisdiction to rule on a motion for reconsideration dated May 22, 1998 and could not have passed upon the eligibility of Marcita Mamba Perez who was already a Member of the House of Representatives. In this case, the Court considered Perez a Member of the House of Representatives on the sole basis of her proclamation. The Court also held that upon filing of the petition on June 16, 1998, the Court no longer had jurisdiction over the same: As already stated, the petition for disqualification against private respondent was decided by the First Division of the COMELEC on May 10, 1998. The following day, May 11, 1998, the elections were held. Notwithstanding the fact that private respondent had already been proclaimed on May 16, 1998 and had taken his oath of office on May 17, 1998, petitioner still filed a motion for reconsideration on May 22, 1998, which the COMELEC en banc denied on June 11, 1998. Clearly, this could not be done. Sec. 6 of R.A. No. 6646 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. The COMELEC en banc had no jurisdiction to entertain the motion because the proclamation of private respondent barred further consideration of petitioner's action. In the same vein, considering that at the time of the filing of this petition on June 16, 1998, private respondent was already a member of the House of Representatives, this Court has no jurisdiction over the same. Pursuant to Art. VI, §17 of the Constitution, the House of Representatives Electoral Tribunal has the exclusive original jurisdiction over the petition for the declaration of private respondent's ineligibility.[78] (italics supplied; emphases and underscore ours) | |||||
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2009-12-21 |
LEONARDO-DE CASTRO, J. |
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| As regards the weight to be given the contract of lease vis-à-vis petitioner's previous COCs, we find Perez v. COMELEC[36] to be instructive in this case, and quote the pertinent portions of the decision below: In the case at bar, the COMELEC found that private respondent changed his residence from Gattaran to Tuguegarao, the capital of Cagayan, in July 1990 on the basis of the following: (1) the affidavit of Engineer Alfredo Ablaza, the owner of the residential apartment at 13-E Magallanes St., Tuguegarao, Cagayan, where private respondent had lived in 1990; (2) the contract of lease between private respondent, as lessee, and Tomas T. Decena, as lessor, of a residential apartment at Kamias St., Tanza, Tuguegarao, Cagayan, for the period July 1, 1995 to June 30, 1996; (3) the marriage certificate, dated January 18, 1998, between private respondent and Lerma Dumaguit; (4) the certificate of live birth of private respondent's second daughter; and (5) various letters addressed to private respondent and his family, which all show that private respondent was a resident of Tuguegarao, Cagayan for at least one (1) year immediately preceding the elections on May 11, 1998. | |||||
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2000-08-09 |
PANGANIBAN, J. |
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| In the recent en banc case Mamba-Perez v. Comelec,[22] this Court ruled that private respondent therein, now Representative Rodolfo E. Aguinaldo of the Third District of Cagayan, had duly proven his change of residence from Gattaran, Cagayan | |||||