GR 181097; (June, 2008) (Digest)
G.R. No. 181097; June 25, 2008
NORLAINIE MITMUG LIMBONA, petitioner, vs. COMMISSION ON ELECTIONS and MALIK “BOBBY” T. ALINGAN, respondents.
FACTS
Petitioner Norlainie Mitmug Limbona, her husband Mohammad, and respondent Malik Alingan were candidates for mayor of Pantar, Lanao del Norte in the 2007 elections. Malik filed petitions to disqualify both spouses for failing to meet the one-year residency requirement. Norlainie filed an Affidavit of Withdrawal of her Certificate of Candidacy (CoC) on April 21, 2007, which the COMELEC en banc approved on May 13, 2007, ordering the deletion of her name from the list of candidates. Meanwhile, the COMELEC First Division disqualified Mohammad on May 24, 2007. Consequently, Norlainie filed a new CoC as a substitute candidate for her husband, which the COMELEC en banc gave due course on July 23, 2007.
Norlainie won the election, took her oath, and assumed office. However, the COMELEC Second Division, in the original disqualification case (SPA No. 07-611) filed against her prior to her withdrawal, promulgated a Resolution on September 4, 2007, disqualifying her on grounds of lack of residency and not being a registered voter of Pantar. Norlainie moved for reconsideration, arguing the case was moot due to her approved withdrawal and subsequent substitution, but the COMELEC denied her motion.
ISSUE
Whether the COMELEC committed grave abuse of discretion in disqualifying Norlainie Limbona despite her approved withdrawal of candidacy and subsequent substitution.
RULING
The Supreme Court ruled that the COMELEC did not commit grave abuse of discretion. The Court held that the approval of Norlainie’s withdrawal of her CoC did not render the disqualification case moot. A withdrawal of candidacy only results in the cessation of campaign activities and the removal of the candidate’s name from the ballot, but it does not preclude a determination of a candidate’s eligibility. The disqualification case, having been filed prior to the withdrawal, remained viable to resolve the fundamental issue of her qualifications for the office.
The Court further affirmed the COMELEC’s factual finding that Norlainie failed to prove compliance with the one-year residency requirement. Her domicile of origin was in Maguing, Lanao del Norte, and upon marriage, she acquired a domicile in Marawi City. The evidence she presented to substantiate her claimed residency in Pantar, Lanao del Norte, consisting mainly of self-serving affidavits, was insufficient to prove an actual change of domicile accompanied by animus manendi. Consequently, her disqualification was proper. As a result, a permanent vacancy was created in the office of the mayor, and the proclaimed vice-mayor was ordered to succeed.