Tickler/Keywords: PundaoDAYA, residence definition, RA 7160

Pundaodaya vs. COMELEC

G.R. No. 179313, September 17, 2009
Ynares-Santiago, J., En Banc

FACTS: Petitioner was Makil Pundaodaya, husband of Judith Pundaodaya who lost the
2007 mayoral elections at Kinoguitan, Misamis Oriental.

Public respondent COMELEC En Banc declared Arsenio Noble the Kinoguitan
Mayor in the 2007 elections.

Petitioner claimed that private respondent is resident of Cagayan de Oro City
(CDO) where he maintains a business and that COMELEC acted with grave abuse
discretion when (1) it declared private respondent qualified (2) it failed to annul Nobles
election proclamation; and (3) it refused to proclaim Judith Pundaodaya as the winner.

Private respondent Noble said that in 1992, he married the daughter of the Mayor
of Kinoguitan where he also voted in the 1998, 2001, and 2004 elections.

But private respondent did not abandon original domicile (legal residence) in
CDO as proven by:
(a) Barangay Residence Certification (CDO)
(b) Affidavit of Non-residence (Kinoguitan, Misamis Oriental)
(c) Photos, receipts showing that Noble and wife maintained residence, business in CDO
(d) Tax declarations of real properties in CDO under Nobles name
(e) Household Record of Barangay Inhabitants of Kinoguitan Mayor (father of wife)

Sec. 39, Local Govt Code (RA 7160) provides that an elective local official
must be a resident in the barangay, municipality, city, or province where he intends to
serve for at least one (1) year immediately preceding the election.

Residence is defined as the place where one habitually resides and to which,
when he is absent, he has the intention of returning. It is a question of intention and
circumstances.
Rules on judging circumstances:
-that a man must have residence/domicile somewhere
-when once established it remains until a new one is acquired
-a man can have but one residence/domicile at a time

ISSUE: WON private respondent is qualified to run for the mayoralty position

HELD: Petition GRANTED. Proclaimed Vice-Mayor ordered to succeed as Mayor.

Noble failed to comply with the residence requirement. Presentation of voter
registration records, a marriage certificate, water bills and a deed of sale covering
property in the place where he sought to be elected was insufficient.

Nobles alleged change of domicile was only for the purpose of qualifying as
mayoral candidate in 2007.