GR 191299; (March, 2023) (Digest)
G.R. Nos. 191299-191302. March 14, 2023.
HERMAN ANTONIO M. BASCON AND ANTONIO VILLAMOR, PETITIONERS, VS. EMILIANO O. NEGRE, JR., ET AL., AND THE ELECTION REGISTRATION BOARD OF MUNICIPALITY OF SAN REMIGIO, CEBU, RESPONDENTS.
FACTS
Petitioners Herman Antonio M. Bascon and Antonio Villamor filed a petition before the Municipal Circuit Trial Court (MCTC) to exclude 153 private respondents as voters of Barangay Punta, San Remigio, Cebu. Petitioners asserted that the respondents’ residency in the barangay was insufficient for voter registration, claiming they were merely transient workers of a fishing business owned by the Olivar family, whose member, Jay Olivar, was a mayoral candidate. Petitioners alleged the respondents used their employer’s bunkhouse as temporary sleeping quarters when fishing vessels were docked and that they and their families were actual residents of other municipalities. Respondents countered that they were qualified voters, submitting certificates of employment, community tax certificates, a barangay certification, and Election Registration Board (ERB) Minutes. The MCTC denied the exclusion petition and affirmed the respondents’ voter registration. The Regional Trial Court (RTC) affirmed the MCTC decision in toto. Petitioners elevated the case via a Rule 45 petition.
ISSUE
Whether respondents, who are employees of a candidate and temporarily using their employer’s bunkhouse as residence, may register as qualified voters of Barangay Punta, San Remigio, Cebu.
RULING
The Supreme Court DENIED the petition and AFFIRMED the RTC Decision. The petition raised a question of fact, which is not reviewable under a Rule 45 petition for review on certiorari, as such petitions are limited to questions of law. The Court emphasized that factual findings of the ERB and the trial courts, based on their assessment of evidence, are conclusive. The respondents sufficiently established their residency through their submitted documents. Petitioners failed to present convincing evidence to prove the respondents were not actual residents of the barangay for at least six months preceding the election. Allegations of fraud or bias against an ERB member lacked factual basis.