AQUINO vs.

COMELEC (248 SCRA 400) Facts:

On 20 March 1995, Agapito A. Aquino filed his Certificate of Candidacy for the position of Representativefor the new Second Legislative District of Makati City. In his certificate of candidacy, Aquino stated that he was aresident of the aforementioned district for 10 months. Faced with a petition for disqualification, he amended theentry on his residency in his certificate of candidacy to 1 year and 13 days. The Commission on Electionsdismissed the petition on 6 May and allowed Aquino to run in the election of 8 May. Aquino won. Acting on amotion for reconsideration of the above dismissal, the Commission on Election later issued an order suspendingthe proclamation of Aquino until the Commission resolved the issue. On 2 June, the Commission on Electionsfound Aquino ineligible and disqualified for the elective office for lack of constitutional qualification of residence. Issue: Whether residency in the certificate of candidacy actually connotes domicile to warrant the disqualification of Aquino from the position in the electoral district

Held: The place where a party actually or constructively has his permanent home, where he, no matterwhere he may be found at any given time, eventually intends to return and remain, i.e., his domicile, is that towhich the Constitution refers when it speaks of residence for the purposes of election law. The purpose is toexclude strangers or newcomers unfamiliar with the conditions and needs of the community from takingadvantage of favorable circumstances existing in that community for electoral gain. Aquinos certificate ofcandidacy in a previous (1992) election indicates that he was a resident and a registered voter of San Jose,Concepcion, Tarlac for more than 52 years prior to that election. Aquinos connection to the Second District ofMakati City is an alleged lease agreement of a condominium unit in the area. The intention not to establish apermanent home in Makati City is evident in his leasing a condominium unit instead of buying one. The shortlength of time he claims to be a resident of Makati (and the fact of his stated domicile in Tarlac and his claims ofother residences in Metro Manila) indicate that his sole purpose in transferring his physical residence is not toacquire a new, residence or domicile but only to qualify as a candidate for Representative of the Second Districtof Makati City. Aquino was thus rightfully disqualified by the Commission on Elections.