For Your Data Romualdez-Marcos Vs Comelec, G.R. No. 119976 Example Brief Summary
February 01, 2019
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ROMUALDEZ-MARCOS vs COMELEC, G.R. No. 119976 illustration brief summary
September 18, 1995
Facts: Petitioner Imelda Romualdez-Marcos filed her Certificate of Candidacy for the put of Representative of the First District of Leyte providing the information “RESIDENCE IN THE CONSTITUENCY WHERE I SEEK TO BE ELECTED IMMEDIATELY PRECEDING THE ELECTION: __________ Years and seven Months.” Private respondent Montejo filed a Petition for Cancellation as well as Disqualification alongside the COMELEC on the grounds that she did non encounter the constitutional requirement for residency every bit bear witness past times her voter’s registration tape as well as certificate of candidacy. Petitioner filed an Amended/Corrected Certificate of Candidacy, changing the entry "seven" months to "since childhood" exactly was informed past times the Provincial Election Supervisor that they cannot have or lead hold the aforementioned Certificate of Candidacy on the dry reason that it is filed out of time. Consequently, petitioner filed the Amended/Corrected Certificate of Candidacy alongside the COMELEC's Head Office inwards Intramuros, Manila on March 31, 1995
Her Answer to soul respondent's petition stated that the 7 inwards her master Certificate of Candidacy was the number of an "honest misinterpretation" which she sought to rectify past times adding the words "since childhood" inwards her Amended/Corrected Certificate of Candidacy as well as that "she has e'er maintained Tacloban City every bit her abode or residence.
On Apr 24, 1995, COMELEC came upwards alongside a resolution finding the Petition for Disqualification meritorious, hitting of petitioner's Corrected/Amended Certificate of Candidacy, canceling her master Certificate of Candidacy. Records showed that prior to her registration inwards Tolosa, she was inwards fact a registered voter of San Juan, Metro Manila. The accuracy of the 7 months residency tin hold upwards taken from the iii documents she filed, voter’s registration inwards Tolosa, missive of the alphabet of asking for cancellation of registration from San Juan, Metro Manila then that it tin hold upwards transferred to Tolosa as well as Certificate of Candidacy, demo the respondent's consistent conviction that she has transferred her residence to Olot, Tolosa, Leyte from Metro Manila that volition exclusively amount upwards to 7 months.
The COMELEC en banc denied petitioner's Motion for Reconsideration. On May 11, 1995, the COMELEC issued a Resolution directing that the annunciation of petitioner hold upwards suspended inwards the lawsuit that she obtains the highest number of votes.
The petitioner was the winner of the elections based on the canvass. On trouble organization human relationship of the Resolutions disqualifying petitioner as well as Blue Planet respondent's Resolution suspending her proclamation, petitioner files for relief to the Supreme Court.
Issue:
1. Petitioner’s Qualification
Whether or non petitioner was a resident, for election purposes, of the First District of Leyte for a menstruation of 1 yr at the fourth dimension of the May 9, 1995 elections.
2. Jurisdictional Issue
(Before Election):Whether or non the COMELEC properly exercised its jurisdiction inwards disqualifying petitioner exterior the menstruation mandated past times the Omnibus Election Code for disqualification cases nether Article 78 of the said Code.
(After Election):Whether or non the House of Representatives Electoral Tribunal assumed exclusive jurisdiction over the query of petitioner's qualifications later the May 8, 1995 elections.