On 20
March 1995, Agapito A. Aquino filed his Certificate of Candidacy for
the position of Representative for the new Second Legislative
District of Makati City. In his certificate of candidacy, Aquino
stated that he was a resident of the aforementioned district for 10
months. Private respondents Move Makati, a duly registered political
party, and Mateo Bedon, Chairman of LAKAS-NUCD-UMDP of Brgy. Cembo,
Makati City, filed a petition to disqualify petitioner on the ground
that the latter lacked the residence qualification as a candidate for
congressman which, under Sec. 6, Art. VI of the Constitution, should
be for a period not less than 1 year immediately preceding the
elections. Faced with a petition for disqualification, he amended the
entry on his residency in his certificate of candidacy to 1 year and
13 days. The Commission on Elections dismissed the petition on 6 May
and allowed Aquino to run in the election of 8 May. Aquino won.
Acting on a motion for reconsideration of the above dismissal, the
Commission on Election later issued an order suspending the
proclamation of Aquino until the Commission resolved the issue. On 2
June, the Commission on Elections found 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. Aquino’s 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. Aquino’s 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.