Domino v. Commission on Elections
REITERATIONFacts
The Antecedents: Juan Domino (DOMINO) filed his certificate of candidacy for Representative of the Lone Legislative District of Sarangani, declaring a residence of one year and two months prior to the May 11, 1998 elections. Private respondents filed a petition to deny due course to or cancel his certificate of candidacy, alleging he was not a resident of Sarangani. They presented evidence including DOMINO's voter's registration record in Quezon City, his Community Tax Certificates, and letters concerning the issuance of these certificates. DOMINO presented evidence to support his claim of residency in Sarangani since January 1997, including a lease contract, a deed of sale, a Metropolitan Trial Court decision in an exclusion case declaring him a resident of Sarangani, applications for transfer of voter registration, and affidavits from residents. Procedural History: The COMELEC Second Division declared DOMINO disqualified for failing to meet the one-year residence requirement and ordered the cancellation of his certificate of candidacy. The COMELEC en banc denied his motion for reconsideration. The COMELEC issued a Supplemental Omnibus Resolution ordering that votes for DOMINO be counted but his proclamation be suspended if he won, as the disqualification resolution was not yet final. DOMINO garnered the highest number of votes. He filed a petition for certiorari with the Supreme Court. The candidate receiving the second highest number of votes, Lucille L. Chiongbian-Solon (INTERVENOR), was allowed to intervene, seeking to uphold DOMINO's disqualification and her proclamation. The Petition: DOMINO sought to annul the COMELEC's resolution and decision, alleging grave abuse of discretion amounting to excess or lack of jurisdiction in ruling that he did not meet the one-year residence requirement.
Issue(s)
Whether the Metropolitan Trial Court's judgment declaring petitioner a resident of Sarangani is final, conclusive, and binding upon the COMELEC (Res Judicata). Whether petitioner resided in the subject congressional district for at least one (1) year immediately preceding the May 11, 1998 elections (Residence Requirement). Whether the COMELEC has jurisdiction over the petition for disqualification (COMELEC Jurisdiction).
Ruling
The petition is DISMISSED. The resolution dated 6 May 1998 of the COMELEC 2nd Division and the decision dated 29 May 1998 of the COMELEC En Banc are AFFIRMED.
Ratio Decidendi
On the first issue (Res Judicata): The contention that the Metropolitan Trial Court's decision in the exclusion proceedings is final and conclusive upon the COMELEC is untenable. The COMELEC has jurisdiction under Section 78 of the Omnibus Election Code to determine if false representations were made in a certificate of candidacy, including the residence of the candidate. While exclusion proceedings may involve questions of residence, their factual findings are not conclusive upon the COMELEC in determining a candidate's qualification. The requirements for res judicata—identity of parties, subject matter, and cause of action—are not met, as the private respondents and intervenor were not parties to the exclusion proceedings, and the causes of action differed. Furthermore, the Metropolitan Trial Court exceeded its jurisdiction by ordering the transfer of voter registration, which is the function of the Election Registration Board. On the second issue (Residence Requirement): The Court held that DOMINO did not meet the one-year residence requirement. "Residence" is synonymous with "domicile," requiring not only physical presence but also the intention to reside in a fixed place and conduct indicative of such intention. To establish a new domicile of choice, there must be an actual removal, a bona fide intention to abandon the former residence, and definite acts corresponding to this purpose (animus manendi coupled with animus non revertendi). While DOMINO presented evidence of physical presence and lease of property in Sarangani, his continued registration as a voter in Quezon City, even after the exclusion case, strongly indicated a lack of intention to abandon his Quezon City residence. The Metropolitan Trial Court's decision declaring him a resident of Sarangani and ordering the transfer of his registration was beyond its competence in exclusion proceedings. Even with his purchase of property and application for transfer of registration, DOMINO still fell short of the one-year residency requirement under the Constitution. On the third issue (COMELEC Jurisdiction): The COMELEC has jurisdiction over petitions to deny due course to or cancel a certificate of candidacy under Section 78 of the Omnibus Election Code. This jurisdiction continues even after the election if no final judgment of disqualification was rendered before the election and the candidate is voted for and receives the highest number of votes, provided they have not been proclaimed or taken their oath of office. Since DOMINO was not proclaimed due to a COMELEC resolution suspending his proclamation, he could not be considered a member of the House of Representatives, and thus the COMELEC, not the Electoral Tribunal, retained jurisdiction over his ineligibility.
Main Doctrine
The Commission on Elections (COMELEC) has jurisdiction over petitions to deny due course to or cancel a certificate of candidacy, including the determination of a candidate's compliance with the residence requirement. A prior decision in an exclusion proceeding does not operate as res judicata on the COMELEC's determination of a candidate's qualification, as the parties, subject matter, and causes of action are not identical. Furthermore, the candidate who obtains the second highest number of votes cannot be proclaimed winner if the winning candidate is disqualified, as this would disenfranchise the electorate.