Perez v. Commission on Elections
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the residency qualification of Rodolfo E. Aguinaldo for his candidacy as Representative of the Third District of Cagayan in the May 11, 1998 elections. Marcita Mamba Perez, a voter and citizen, filed a petition to disqualify Aguinaldo, alleging he had not resided in the district for at least one year prior to the election, as required by the Constitution. 2. Procedural History: Perez filed her disqualification petition with the Commission on Elections (COMELEC) on March 30, 1998. The COMELEC's First Division dismissed the petition on May 10, 1998, finding Aguinaldo qualified. Despite Aguinaldo's election and proclamation on May 11 and May 16, 1998, respectively, Perez filed a motion for reconsideration, which the COMELEC en banc denied on June 11, 1998. Perez then filed the instant petition for certiorari with the Supreme Court. 3. The Petition: This petition for certiorari seeks to annul the COMELEC's resolutions. Perez argues that the COMELEC gravely abused its discretion in finding Aguinaldo qualified, asserting that his claimed change of residence was to conceal a mistress and thus not a bona fide change of domicile. She contends that his prior certificates of candidacy and voter registrations indicating residence in Gattaran (First District) until June 1997 prove he lacked the required residency in the Third District. Perez invokes Section 6 of R.A. No. 6646, arguing the COMELEC could continue proceedings even after proclamation. Aguinaldo, conversely, argues the COMELEC lost jurisdiction upon his proclamation and that the House of Representatives Electoral Tribunal has exclusive jurisdiction.
Issue(s)
Whether the Supreme Court has jurisdiction to entertain the petition for certiorari, considering the proclamation and assumption of office by the private respondent, and whether the COMELEC retained jurisdiction to pass upon the disqualification case after the private respondent's proclamation. Whether the private respondent met the residency requirement for the office of Representative of the Third District of Cagayan.
Ruling
The petition is dismissed. The Supreme Court held that it has no jurisdiction over the petition for certiorari because the private respondent had already been proclaimed and had assumed office as a Member of the House of Representatives. Under Article VI, Section 17 of the Constitution, the House of Representatives Electoral Tribunal (HRET) has exclusive original jurisdiction over petitions for the declaration of ineligibility of its members. The COMELEC also lost jurisdiction to entertain the motion for reconsideration after the proclamation of the private respondent, as Section 6 of R.A. No. 6646 only authorizes the continuation of disqualification proceedings if the respondent has not been proclaimed.
Ratio Decidendi
On the Jurisdiction of the Supreme Court and COMELEC: The Court ruled that it lacked jurisdiction to entertain the petition for certiorari because the private respondent had already been proclaimed and had assumed office as a Member of the House of Representatives. This falls under the exclusive original jurisdiction of the House of Representatives Electoral Tribunal (HRET) as provided by Article VI, Section 17 of the Constitution. Furthermore, the COMELEC en banc had no jurisdiction to entertain the motion for reconsideration filed by the petitioner after the proclamation of the private respondent. Section 6 of R.A. No. 6646 permits the continuation of disqualification proceedings even after an election if the candidate has not yet been proclaimed, but this condition was not met in this case. The proclamation of the private respondent acted as a bar to further consideration of the petitioner's action by the COMELEC. On the Residency Requirement: Even assuming, arguendo, that the Court had jurisdiction, the petition would still be denied on the merits. The Court found substantial evidence supporting the COMELEC's finding that private respondent Rodolfo E. Aguinaldo had established his residence in Tuguegarao, Cagayan (Third District) since July 1990, which was more than one year prior to the May 11, 1998 elections. This evidence included a lease contract for an apartment in Tuguegarao from July 1995 to June 1996, his marriage certificate dated January 18, 1998, the birth certificate of his daughter, and various letters addressed to him and his family, all indicating residence in Tuguegarao. The Court reiterated the principle that it is the fact of residence, not merely a statement in a certificate of candidacy, which is decisive in determining eligibility. The Court noted that while Aguinaldo declared Gattaran as his residence in previous certificates of candidacy, this was not decisive, especially since the requirement for governor was residency in the province, not a specific district. The Court emphasized that the purpose of the residency requirement is to ensure familiarity with the constituency's needs, a purpose served by Aguinaldo, who had been governor of the entire province for ten years.
Main Doctrine
The Supreme Court dismissed the petition for certiorari, holding that the Commission on Elections (COMELEC) lost jurisdiction to entertain a motion for reconsideration after the private respondent's proclamation, and that the House of Representatives Electoral Tribunal (HRET) has exclusive jurisdiction over the eligibility of members of the House of Representatives once they have been proclaimed and assumed office. The Court also found substantial evidence supporting the COMELEC's finding that the private respondent met the residency requirement for the office.