GR 193314; (February, 2013) (Digest)
G.R. No. 193314 ; February 26, 2013
SVETLANA P. JALOSJOS, Petitioner, vs. COMMISSION ON ELECTIONS, EDWIN ELIM TUMPAG and RODOLFO Y. ESTRELLADA, Respondents.
FACTS
Petitioner Svetlana P. Jalosjos filed her Certificate of Candidacy (CoC) for Mayor of Baliangao, Misamis Occidental for the May 2010 elections, declaring her residence as Barangay Tugas in that municipality. Private respondents filed a Petition to Deny Due Course or Cancel her CoC, alleging she falsely represented her residency. They argued she was born in San Juan, Metro Manila, and had not abandoned her domicile in Dapitan City, presenting certifications from local offices showing no tax declaration or birth record for her in Baliangao, and affidavits from local residents.
Despite the pending petition, Jalosjos won the election and was proclaimed Mayor. The COMELEC Second Division, however, granted the petition and disqualified her, a ruling affirmed by the COMELEC En Banc. The COMELEC found that while a misrepresentation as to place of birth is not a material ground for cancellation, Jalosjos failed to prove compliance with the one-year residency requirement for local elective officials. She appealed to the Supreme Court.
ISSUE
Whether the COMELEC committed grave abuse of discretion in disqualifying petitioner for failure to meet the one-year residency requirement based on a finding of material misrepresentation in her Certificate of Candidacy.
RULING
The Supreme Court denied the petition and affirmed the COMELEC’s ruling. The legal logic centers on the nature of domicile and the burden of proof for establishing a new one. Domicile requires both physical presence (animus manendi) and the intention to remain indefinitely (animus non revertendi). The COMELEC’s factual findings, supported by substantial evidence, showed Jalosjos did not sufficiently prove she had abandoned her domicile of origin and established a new domicile in Baliangao one year before the elections.
The Court held that the COMELEC did not commit grave abuse of discretion. Its conclusion that Jalosjos made a material misrepresentation regarding her residency in her CoC was based on a careful evaluation of evidence. Petitioner’s evidence, including land purchases and affidavits of intent, was deemed insufficient to overturn the COMELEC’s assessment that she lacked the requisite bodily presence and intention to establish Baliangao as her new domicile. The misrepresentation was material as residency is a substantive qualification for candidacy. Consequently, her CoC was properly denied due course. With her ineligibility finally determined, the vice-mayor shall succeed to the office of mayor.