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Qualifications of Elective Officials ISSUE with HOLDING

GR No. 100710 – Abella v. COMELEC 1. WON COMELEC disregarded the SC’s previous ruling (see fact 6a) – NO.
Gutierrez, Jr., J. a. Adelina: COMELEC should not have proceeded with the disqualification case,
but should have acted on the pre-proclamation case.
Adelina Larrazabal substituted her husband, Emeterio, for running for governor of Leyte. b. SC: SC directed the COMELEC to determine the residence qualification which
Emeterio was previously disqualified from running because he did not have the requisite would necessarily include disqualification if it found that Adelina did not meet
residency requirement. Adelina’s residency requirement is being questioned as well. the residency requirement.
COMELEC and SC eventually found that she did not meet the residency requirement based 2. WON COMELEC’s decision that she was not a resident of Kananga, Leyte was proper
on the fact that they resided in Ormoc City, an independent component city, which was – YES.
prohibited from voting and qualifying for elective provincial offices. a. Adelina: COMELEC was wrong in using the Family Code as basis to rule that
she lacked the required residence to qualify to run for governor of Leyte.
Election Law should have been used to determine residence, which looks at
DOCTRINE the intention to return (animus revertendi). Her subsequent transfer to Ormoc
The determination of a person’s legal residence or domicile depends on the intention which City did not erase or remove her Kananga residence as seen in the fact that
may be inferred from his acts, activities, and utterances. she was a registered voter of Kananga, Leyte.
b. SC: the fact that she had to change her residence one year before the election
The fact that she occasionally visits Kananga through the years does not show an intention by registering at Kananga shows that she considered herself to be a resident
to continue her residence there. of Ormoc City.
i. Furthermore, the Civil Code and Family Code require that husband
FACTS and wife must live together in one legal residence, which is their
1. Petition is a consolidation of 2 petitions (one of Benjamin Abella, the other of Adelina usual place of abode.
Larrazabal). This is the fourth time the case went up to the SC regarding the February ii. As regards the principle of animus revertendi, the determination of
1, 1988 local elections of Leyte for Governor. a person’s legal residence or domicile depends on the intention
2. Petitioner Benjamin Abella was the official candidate of the Liberal Party while Petitioner which may be inferred from his acts, activities, and utterances.
Adelina Larrazabal’s husband, Emeterio Larrazabal, was the original candidate of the 1. In this case, the fact that she occasionally visits Kananga
Lakas-PDP-Laban. through the years does not show an intention to continue
3. January 18, 1988: Emeterio was disqualified to run for governor for lack of residence. her residence there.
4. January 31, 1988 (day before the elections): Adelina filed her certificate of candidacy 2. Common practice of Filipino to visit their former
(CoC) in substitution of her husband. She indicated that she was a resident of residences because of their friends and relatives.
Kananga, Leyte.
5. Silvestre de la Cruz, a registered voter of Tacloban City filed a petition to disqualify 3. WON Adelina is a registered voter of Kananga, Leyte – NO, because not supported by
Adelina for false misstatements regarding her residency on her CoC. He argued that the records.
Adelina was a resident of Ormoc City, an independent component city of Leyte, a. SC relied on the finding of COMELEC that the list of voters of Kananga, Leyte
so she was disqualified to run as governor of Leyte. showing that there were only 9 additional registered voters, which did not
a. COMELEC cound not function because only one of its appointed members include Adelina.
was confirmed by the Commission on Appointments. i. COMELEC also looked into a contract of lease that Sps. Larrazabal
b. De la Cruz obtained a TRO from SC to enjoin the provincial board of entered into for a lease of property in Kananga and in the
canvassers from proclaiming Adelina as the winning candidate. acknowledgement, it indicated “SPS EMETERIO V. LARRAZABAL
c. When COMELEC was fully constituted, SC remanded the petition. AND ADELINA Y. LARRAZABAL, both of legal age, Filipino, and
6. Abella filed pre-proclamation and disqualifications against Adelina, but this was denied residents of Ormoc City, Philippines, hereinafter referred to as the
by the COMELEC. LESSEES.”
a. When the case went up to the SC, SC ordered COMELEC to conduct b. Adelina: On the alternative, her being a registered voter in Ormoc City was no
investigations as to whether Adelina met the residency requirement and impediment to her candidacy for governor of Leyte.
also lifted the TRO (see fact 5b).
7. Since the TRO was lifted, COMELEC proclaimed Adelina as the winner, so she
assumed into office while the disqualification case continued.
a. COMELEC 2nd Division disqualified Adelina as governor because of lack of
residence.
b. COMELEC en banc affirmed the decision.
8. Adelina filed her petition with a prayer for a TRO because the incumbent Vice-Governor
of Leyte, Leopoldo Petilla took his oath as the Provincial Governor of Leyte and
assumed the position already.

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i.Basis: Article X of Section 41 in relation to Section 122 of the
Constitution wherein the fact that independent component cities
cannot participate in the elections for provincial office does not
mean it is considered a highly urbanized city. Its independence is
limited to the administrative supervision.
ii. Basically, she was arguing that highly urbanized cities and
independent charter cities should be treated differently and the
extent of the independence of charter cities is from administrative
supervision.
c. SC: When Ormoc City was organized, it was not yet a highly urbanized city,
but is considered independent because Section 89, RA 1793 (its charter)
prohibited its voters to be elected as provincial officials, despite it being
geographically attached to the province.
i. Component cities like Ormoc City are treated like highly urbanized
cities which are outside the supervisory power of the province to
which they are geographically attached.
ii. The independence from the province carries with it the prohibition
directed to their registered voters not to vote and be voted for the
provincial elective offices.
iii. Also, RA 179, Section 89 prohibits registered voters of Ormoc City
from voting and being voted for elective offices in the province of
Leyte.
iv. This independence from the province carries with it the prohibition
or mandate directed to their registered voters not to vote and be
voted for the provincial elective offices.
4. Who among the three (Adelina, Petilla or Abella) is the qualified governor? – Petilla, the
vice-governor of Leyte.
a. Abella, being the candidate who obtained the second highest number of
votes, was repudiated by the electorate. They were operating under the
sincere belief that Adelina was a qualified candidate for governor.
b. As ruled in Fivaldo v. COMELEC and Labo, Jr. v. COMELEC: in the event a
candidate for an elected position who is voted for and who obtains the highest
number of votes is disqualified for not possessing the eligibility requirements
at the time of the election as provided by law, the candidate who obtains the
second highest number of votes for the same position cannot assume the
vacated position.

DISPOSITIVE PORTION
Petition is dismissed.

OTHER NOTES

DIGESTER: Lulu Querido.

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The President of the Philippines shall exercise general supervision over local governments. of the province. The voters of component cities within a province, whose charters contain no
Provinces with respect to component cities and municipalities and cities and municipalities such prohibition, shall not be deprived of their right to vote for elective provincial officials.
with respect to component barangays, shall ensure that the acts of their component units 3Election of provincial governor and members of the Provincial Board of the
are within the scope of their prescribed powers and functions. members of the Provincial Board of the Province of Leyte — The qualified
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Cities that are highly urbanized, as determined by law, and component cities whose
voters of Ormoc City shall not be qualified and entitled to vote in the election
charters prohibit their voters from voting for provincial elective officials, shall be independent of the provincial governor and the members of the provincial board of the
Province of Leyte.
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