TITLE: AGAPITO A. AQUINO, petitioner, vs.

COMMISSION ON ELECTIONS, MOVE MAKATI, MATEO

BEDON, and JUANITO ICARO, respondents.
G.R. NO. 120265 DATE: September 18, 1995
PONENTE: TOPIC: Domicile and Residence
FACTS OF THE CASE:
On March 20, 1995, petitioner Agapito A. Aquino filed his Certificate of Candidacy for the position of Representative
for the new Second Legislative District of Makati City. He provided a residence address in Makati and stated that
he has resided therein for a period of 10 months before election.

Move Makati, a duly-registered political party, and Chairman Bedon of LAKAS-NUCD-UMPD of Brgy. Cembo,
Makati City filed a petition to disqualify against Aquino on the ground that Aquino lacked the residence qualification
as a candidate for congressman which requires a residence period of not less than 1 year immediately preceding
the May 8, 1995 elections. Aquino then filed another certificate of candidacy, amending his previous residence
period to 1 year and 13 days. COMELEC then dismissed the petition for disqualification of Aquino just a few days
before elections. Right after COMELEC dismissed the petition, Move Makati filed a motion for reconsideration.

Elections proceeded and Aquino garnered the highest votes for the seat.
PROCEDURAL HISTORY:
Move Makati then filed an Urgent Motion Ad Cautelum to Suspend Proclamation of petitioner. Then after, numerous
motions for reconsideration were filed. 7 days after Elections, COMELEC issued an Order suspending Aquino’s
proclamation until the motion for reconsideration filed by Move Makati and Bedon have been resolved. Aquino then
filed a motion to lift order of suspension of proclamation.

COMELEC issued an order stating that the Commission shall proceed with the promulgation but to suspend its
rules, and allow the parties to be heard. COMELEC then reversed the former decision and granted Move Makati
and Bedon’s plea to declare Aquino ineligible and thus disqualified as a candidate due to his lack of constitutional
qualification of residence. Hence this petition for certiorari assailing the resolution of COMELEC en banc.
STATEMENT OF ISSUE/S:
Whether or not the order of disqualification of Aquino due to his lack of residence period is correct.
HOLDING
YES. The Constitution requires that a person seeking election to the House of Representatives should be a resident
of the district in which he seeks election for a period of not less than one (1) year prior to the elections. Residence,
for election law purposes, has a settled meaning in our jurisdiction as synonymous with “domicile”, which is the
place where a party actually or constructively has his permanent home, where he, no matter where he may be
found at any given time, eventually intends to return and remain. The purpose of this rule is to exclude strangers
or newcomers unfamiliar with the conditions and needs of the community from taking advantage of favourable
circumstances existing in that community for electoral gain.

It was found by the COMELEC in his Certificate of Candidacy in the previous elections that he was a resident of
San Jose, Concepcion, Tarlac and that he was a resident of the same for 52 years immediately preceding that
election. He was also a registered voted in the said area and he placed such as the birthplace of both his parents.
Thus, Concepcion, Tarlac was his domicile of origin of record until his recent filing of candidacy in Makati.

The fact that Aquino claims he has other residences in Metro Manila coupled with thes short length of time he
claims to be a resident of his condominium in Makati, and his stated domicile in Tarlac indicate that the sole purpose
of his transferring of physical residence is not to acquire a new residence or domicile but to only qualify as a
candidate for Representative of the Second District of Makati. He failed to present a clear and positive proof
showing a successful abandonment of domicile and lack of identification – sentimental, actual, or otherwise – with
the area, and the suspicious circumstances under which the lease agreement was effected all belie petitioner’s
claim of residency for the period required by the Constituion.
notes, if any:

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