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1) The petitioner challenged the election of the private respondent as mayor of Kinoguitan, Misamis Oriental, claiming he was not a resident as required.
2) The private respondent argued he was a resident because he married the daughter of the previous mayor in 1992 and voted in past elections. However, documents showed he maintained his residence, business, and tax declarations in Cagayan de Oro City.
3) The anti-dummy law and rules on residence require an elective local official to be a resident for at least one year prior to the election in the area they intend to serve. The court ruled the private respondent was not a qualified resident, and ordered the vice-mayor to succeed
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THE LEGISLATIVE DEPARTMENT_Pundaodaya vs COMELEC.pdf
1) The petitioner challenged the election of the private respondent as mayor of Kinoguitan, Misamis Oriental, claiming he was not a resident as required.
2) The private respondent argued he was a resident because he married the daughter of the previous mayor in 1992 and voted in past elections. However, documents showed he maintained his residence, business, and tax declarations in Cagayan de Oro City.
3) The anti-dummy law and rules on residence require an elective local official to be a resident for at least one year prior to the election in the area they intend to serve. The court ruled the private respondent was not a qualified resident, and ordered the vice-mayor to succeed
1) The petitioner challenged the election of the private respondent as mayor of Kinoguitan, Misamis Oriental, claiming he was not a resident as required.
2) The private respondent argued he was a resident because he married the daughter of the previous mayor in 1992 and voted in past elections. However, documents showed he maintained his residence, business, and tax declarations in Cagayan de Oro City.
3) The anti-dummy law and rules on residence require an elective local official to be a resident for at least one year prior to the election in the area they intend to serve. The court ruled the private respondent was not a qualified resident, and ordered the vice-mayor to succeed
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.