Quo warranto – may be filed by any registered voter due to the ineligibility and disqualification of the

party or disloyalty to the Republic of the Philippines

Election Protest – may only be filed by the candidate of that position

Procedures of Quo warranto and election protest are the same

CASES:

1. Santiago v Fidel Ramos – She was deemed to have abandoned the protest when she ran for a
certain position.
2. FPJ v GMA – His wife could not substitute him for because parties are distinct
3. Pimentel v Zubiri

LABO Doctrine: Not a Filipino citizen; He married an Australian and got divorced in Australia. He never
did anything to regain his nationality

Lardizabal, who was the other candidate against Labo, could not be handed the mayoral seat. Per the
Principle of succession, the Vice Mayor elect shall become the mayor. Because Lardizabal does not have
the will of the electorate.

In Maquilling doctrine, the other candidate was of dual citizenship and won. The candidate for a lower
position then cited Labo doctrine saying that because of the principle of succession, he must now seat as
the mayor. The court said that since the candidate complained of did not possess the qualifications of
running for office, any vote for him would be considered stray votes. Meaning, the candidate who got
votes lower than the candidate who originally won will now seat as the mayor.

In Imelda Marcos’ case, someone complained that she was not a resident at the area where she ran as
she has been staying in Manila most of the time. The Court decided that residency and domicile are two
different things.

In Marcos vs Comelec, the SC said: Residence is synonymous with domicile which reveals a tendency or
mistake the concept of domicile for actual residence, a conception not intended for the purpose of
determining a candidate’s qualifications for the election to the House of Representatives as required by
the 1987 Constitution.

An individual does not lose her domicile even if she has lived and maintained residences in different
places.

**As long as she has the indent to return – animus revertendi

*registered as a voter where she will run, has a house in the area where she will run