FACTS:
Petitioner Rommel Jalosjos was born in Quezon City. He Migrated to Australia and acquired Australian citizenship. On November 22, 2008, at age 35, he returned to the Philippines and lived with his brother in Barangay Veterans Village, Ipil, Zamboanga Sibugay. Upon his return, he took an oath of allegiance to the Republic of the Philippines and was issued a Certificate of Reacquisition of Philippine Citizenship. He then renounced his Australian citizenship in September 2009.
He acquired residential property where he lived and applied for registration as voter in the Municipality of Ipil. His application was opposed by the Barangay Captain of Veterans Village, Dan Erasmo, sr. but was eventually granted by the ERB.
A petition for the exclusion of Jalosjos' name in the voter's list was then filed by Erasmo before the MCTC. Said petition was denied. It was then appealed to the RTC who also affirmed the lower court's decision.
On November 8, 2009, Jalosjos filed a Certificate of Candidacy for Governor of Zamboanga Sibugay Province. Erasmo filed a petition to deny or cancel said COC on the ground of failure to comply with R.A. 9225 and the one year residency requirement of the local government code.
COMELEC ruled that Jalosjos failed to comply with the residency requirement of a gubernatorial candidate and failed to show ample proof of a bona fide intention to establish his domicile in Ipil. COMELEC en banc affirmed the decision.
ISSUE:
Whether or not the COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction in ruling that Jalosjos failed to present ample proof of a bona fide intention to establish his domicile in Ipil, Zamboanga Sibugay.
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RULING:
The Local Government Code requires a candidate seeking the position of provincial governor to be a resident of the province for at least one year before the election. For purposes of the election laws, the requirement of residence is synonymous with domicile, meaning that a person must not only intend to reside in a particular place but must also have personal presence in such place coupled with conduct indicative of such intention.
The question of residence is a question of intention. Jurisprudence has laid down the following guidelines: (a) every person has a domicile or residence somewhere; (b) where once established, that domicile remains until he acquires a new one; and (c) a person can have but one domicile at a time.
It is inevitable under these guidelines and the precedents applying them that Jalosjos has met the residency requirement for provincial governor of Zamboanga Sibugay.
Quezon City was Jalosjos’ domicile of origin, the place of his birth. It may be taken for granted that he effectively changed his domicile from Quezon City to Australia when he migrated there at the age of eight, acquired Australian citizenship, and lived in that country for 26 years. Australia became his domicile by operation of law and by choice.
When he came to the Philippines in November 2008 to live with his brother in Zamboanga Sibugay, it is evident that Jalosjos did so with intent to change his domicile for good. He left Australia, gave up his Australian citizenship, and renounced his allegiance to that country. In addition, he reacquired his old citizenship by taking an oath of allegiance to the Republic of the Philippines, resulting in his being issued a Certificate of Reacquisition of Philippine Citizenship by the Bureau of Immigration. By his acts, Jalosjos forfeited his legal right to live in Australia, clearly proving that he gave up his domicile there. And he has since lived nowhere else except in Ipil, Zamboanga Sibugay.
To hold that Jalosjos has not establish a new domicile in Zamboanga Sibugay despite the loss of his domicile of origin (Quezon City) and his domicile of choice and by operation of law (Australia) would violate the settled maxim that a man must have a domicile or residence somewhere.
The COMELEC concluded that Jalosjos has not come to settle his domicile in Ipil since he has merely been staying at his brother’s house. But this circumstance alone cannot support such conclusion. Indeed, the Court has repeatedly held that a candidate is not required to have a house in a community to establish his residence or domicile in a particular place. It is sufficient that he should live there even if it be in a rented house or in the house of a friend or relative. To insist that the candidate own the house where he lives would make property a qualification for public office. What matters is that Jalosjos has proved two things: actual physical presence in Ipil and an intention of making it his domicile.
Further, it is not disputed that Jalosjos bought a residential lot in the same village where he lived and a fish pond in San Isidro, Naga, Zamboanga Sibugay. He showed correspondences with political leaders, including local and national party-mates, from where he lived. Moreover, Jalosjos is a registered voter of Ipil by final judgment of the Regional Trial Court of Zamboanga Sibugay.
While the Court ordinarily respects the factual findings of administrative bodies like the COMELEC, this does not prevent it from exercising its review powers to correct palpable misappreciation of evidence or wrong or irrelevant considerations. The evidence Jalosjos presented is sufficient to establish Ipil, Zamboanga Sibugay, as his domicile. The COMELEC gravely abused its discretion in holding otherwise.
Jalosjos won and was proclaimed winner in the 2010 gubernatorial race for Zamboanga Sibugay. The Court will respect the decision of the people of that province and resolve all doubts regarding his qualification in his favor to breathe life to their manifest will.
Court GRANTED the petition and SET ASIDE the Resolution of the COMELEC.
Showing posts with label COMELEC. Show all posts
Showing posts with label COMELEC. Show all posts
Sunday, March 29, 2015
Jalosjos v. COMELEC Case DIgest [G.R. No. 192474]
FACTS:
While serving as Mayor of Tampilasan Zamboanga del Norte, Petitioner, Romeo Jalosjos sought the transfer of his voter's registration record to Precint 0051F of Barangay Veterans Village, Zamboanga Sibugay.
Dan Erasmo filed a petition with the MCTC which rendered judgement excluding Jalosjos from the list of voters in question on the ground that he did not abandon his domicile in Tampilasan and is still the incumbent mayor.
Jalosjos appealed the decision to the RTC but the MCTC ruling was affirmed.
Through a petition for certiorari with an application for the issuance of a writ of preliminary injunction, Jalosjos elevated the case to the CA. His application was granted and his name was reinstated in the voter's list pending resolution of the petition.
Jalosjos filed his Certificate of Candidacy for the position of Representative of the Second District of Zamboanga Sibugay for the May 2010 national elections. This prompted Erasmo to file a petition with the COMELEC to deny or cancel said COC. His petition was denied by the COMELEC for insufficiency in form and substance.
Pending Erasmo's motion for reconsideration before the COMELEC en banc, Jalosjos won the elections and was proclaimed representative.
Meanwhile, CA rendered in his favor judgement on the pending petition. Erasmo filed a petition for review of the CA's decision before the Supreme Court.
Thereafter, COMELEC en banc granted Erasmo's motion anf declared Jalosjos ineligible to seek election as representative for not satisfying the residency requirement because of his incumbency as mayor of Tampilisan.
Thus, the instant petition.
ISSUE:
Whether or not the Supreme Court has jurisdiction to pass upon the question of Jalosjos’ residency qualification considering that he has been proclaimed winner in the election and has assumed the discharge of that office.
RULING:
While the Constitution vests in the COMELEC the power to decide all questions affecting elections, such power is not without limitation. It does not extend to contests relating to the election, returns, and qualifications of members of the House of Representatives and the Senate. The Constitution vests the resolution of these contests solely upon the appropriate Electoral Tribunal of the Senate or the House of Representatives.
The proclamation of a congressional candidate following the election divests COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative in favor of the HRET.
After Jalosjos' proclamation, the COMELEC acted without jurisdiction when it still passed upon the issue of his qualification and declared him ineligible for the office of Representative of the Second District of Zamboanga Sibugay.
On election day of 2010 the COMELEC En Banc had as yet to resolve Erasmo’s appeal from the Second Division’s dismissal of the disqualification case against Jalosjos. Thus, there then existed no final judgment deleting Jalosjos’ name from the list of candidates for the congressional seat he sought. The last standing official action in his case before election day was the ruling of the COMELEC’s Second Division that allowed his name to stay on that list. Meantime, the COMELEC En Banc did not issue any order suspending his proclamation pending its final resolution of his case. With the fact of his proclamation and assumption of office, any issue regarding his qualification for the same, like his alleged lack of the required residence, was solely for the HRET to consider and decide.
Consequently, the Court holds in G.R. 192474 that the COMELEC En Banc exceeded its jurisdiction in declaring Jalosjos ineligible for the position of representative for the Second District of Zamboanga Sibugay, which he won in the elections, since it had ceased to have jurisdiction over his case. Necessarily, Erasmo’s petitions (G.R. 192704 and G.R. 193566) questioning the validity of the registration of Jalosjos as a voter and the COMELEC’s failure to annul his proclamation also fail. The Court cannot usurp the power vested by the Constitution solely on the HRET.
Court GRANTED the petition, REVERSES and SETS ASIDE the respondent COMELEC En Banc’s order, and REINSTATES the Commission’s Second Division resolution
While serving as Mayor of Tampilasan Zamboanga del Norte, Petitioner, Romeo Jalosjos sought the transfer of his voter's registration record to Precint 0051F of Barangay Veterans Village, Zamboanga Sibugay.
Dan Erasmo filed a petition with the MCTC which rendered judgement excluding Jalosjos from the list of voters in question on the ground that he did not abandon his domicile in Tampilasan and is still the incumbent mayor.
Jalosjos appealed the decision to the RTC but the MCTC ruling was affirmed.
Through a petition for certiorari with an application for the issuance of a writ of preliminary injunction, Jalosjos elevated the case to the CA. His application was granted and his name was reinstated in the voter's list pending resolution of the petition.
Jalosjos filed his Certificate of Candidacy for the position of Representative of the Second District of Zamboanga Sibugay for the May 2010 national elections. This prompted Erasmo to file a petition with the COMELEC to deny or cancel said COC. His petition was denied by the COMELEC for insufficiency in form and substance.
Pending Erasmo's motion for reconsideration before the COMELEC en banc, Jalosjos won the elections and was proclaimed representative.
Meanwhile, CA rendered in his favor judgement on the pending petition. Erasmo filed a petition for review of the CA's decision before the Supreme Court.
Thereafter, COMELEC en banc granted Erasmo's motion anf declared Jalosjos ineligible to seek election as representative for not satisfying the residency requirement because of his incumbency as mayor of Tampilisan.
Thus, the instant petition.
ISSUE:
Whether or not the Supreme Court has jurisdiction to pass upon the question of Jalosjos’ residency qualification considering that he has been proclaimed winner in the election and has assumed the discharge of that office.
RULING:
While the Constitution vests in the COMELEC the power to decide all questions affecting elections, such power is not without limitation. It does not extend to contests relating to the election, returns, and qualifications of members of the House of Representatives and the Senate. The Constitution vests the resolution of these contests solely upon the appropriate Electoral Tribunal of the Senate or the House of Representatives.
The proclamation of a congressional candidate following the election divests COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative in favor of the HRET.
After Jalosjos' proclamation, the COMELEC acted without jurisdiction when it still passed upon the issue of his qualification and declared him ineligible for the office of Representative of the Second District of Zamboanga Sibugay.
On election day of 2010 the COMELEC En Banc had as yet to resolve Erasmo’s appeal from the Second Division’s dismissal of the disqualification case against Jalosjos. Thus, there then existed no final judgment deleting Jalosjos’ name from the list of candidates for the congressional seat he sought. The last standing official action in his case before election day was the ruling of the COMELEC’s Second Division that allowed his name to stay on that list. Meantime, the COMELEC En Banc did not issue any order suspending his proclamation pending its final resolution of his case. With the fact of his proclamation and assumption of office, any issue regarding his qualification for the same, like his alleged lack of the required residence, was solely for the HRET to consider and decide.
Consequently, the Court holds in G.R. 192474 that the COMELEC En Banc exceeded its jurisdiction in declaring Jalosjos ineligible for the position of representative for the Second District of Zamboanga Sibugay, which he won in the elections, since it had ceased to have jurisdiction over his case. Necessarily, Erasmo’s petitions (G.R. 192704 and G.R. 193566) questioning the validity of the registration of Jalosjos as a voter and the COMELEC’s failure to annul his proclamation also fail. The Court cannot usurp the power vested by the Constitution solely on the HRET.
Court GRANTED the petition, REVERSES and SETS ASIDE the respondent COMELEC En Banc’s order, and REINSTATES the Commission’s Second Division resolution
COMELEC v. Noynay Case Digest [G.R. No. 132365. July 9, 1998]
FACTS:
Pursuant to a minute resolution by the COMELEC on October 29, 1996, nine informations for violation of Sec. 261(i) of the Omnibus Election Code were filed with Branch 23 of the RTC of Allen, Northern Samar.
In an Order issued on August 25, 1997, public respondent, presiding judge of Branch 23, motu proprio ordered the records of the cases to be withdrawn and directed the COMELEC Law Department to file the cases with the appropriate Municipal Trial Court on the ground that under Batas Pambansa Blg. 129, the Regional Trial Court has no jurisdiction over the cases since the maximum imposable penalty in each of the cases does not exceed six years of imprisonment.
All the accused are uniformly charged for Violation of Sec. 261(i) of the Omnibus Election Code, which carries a penalty of not less than one (1) year but not more than six (6) years of imprisonment and not subject to Probation plus disqualification to hold public office or deprivation of the right of suffrage.
Motions for reconsiderations filed by the COMELEC have been denied. Petitioners then filed the instant petition.
In its Manifestation, the Office of the Solicitor General, it is “adopting” the instant petition on the ground that the challenged orders of public respondent “are clearly not in accordance with existing laws and jurisprudence.”
Public respondent avers that it is the duty of counsel for private respondents interested in sustaining the challenged orders to appear for and defend him.
In their Comment, private respondents maintain that R.A. No. 7691 has divested the Regional Trial Courts of jurisdiction over offenses where the imposable penalty is not more than 6 years of imprisonment; moreover, R.A. 7691 expressly provides that all laws, decrees, and orders inconsistent with its provisions are deemed repealed or modified accordingly. They then conclude that since the election offense in question is punishable with imprisonment of not more than 6 years, it is cognizable by Municipal Trial Courts.
ISSUE:
Whether R.A. No. 7691 has divested Regional Trial Courts of jurisdiction over election offenses, which are punishable with imprisonment of not exceeding six (6) years.
RULING:
Under Section 268 of the Omnibus Election Code, Regional Trial Courts have exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code except those relating to the offense of failure to register or failure to vote.
In Morales v. Court of Appeals, the court held that by virtue of the exception provided for in the opening sentence of Section 32 of B.P. Blg. 129, the exclusive original jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts does not cover those criminal cases which by specific provisions of law fall within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, regardless of the penalty prescribed therefor. Otherwise stated, even if those excepted cases are punishable by imprisonment of not exceeding six (6) years (i.e., prision correccional, arresto mayor, or arresto menor), jurisdiction thereon is retained by the Regional Trial Courts or the Sandiganbayan, as the case may be.
Among the examples cited in Morales as falling within the exception provided for in the opening sentence of Section 32 are cases under (1) Section 20 of B.P. Blg. 129; (2) Article 360 of the Revised Penal Code, as amended; (3) the Decree on Intellectual Property; and (4) the Dangerous Drugs Act of 1972, as amended.
Undoubtedly, pursuant to Section 268 of the Omnibus Election Code, election offenses also fall within the exception.
As we stated in Morales, jurisdiction is conferred by the Constitution or by Congress. Outside the cases enumerated in Section 5(2) of Article VIII of the Constitution, Congress has the plenary power to define, prescribe, and apportion the jurisdiction of various courts. Congress may thus provide by law that a certain class of cases should be exclusively heard and determined by one court. Such law would be a special law and must be construed as an exception to the general law on jurisdiction of courts, namely, the Judiciary Act of 1948, as amended, and the Judiciary Reorganization Act of 1980. R.A. No. 7691 can by no means be considered as a special law on jurisdiction; it is merely an amendatory law intended to amend specific sections of the Judiciary Reorganization Act of 1980. Hence, R.A. No. 7691 does not have the effect of repealing laws vesting upon Regional Trial Courts or the Sandiganbayan exclusive original jurisdiction to hear and decide the cases therein specified. That Congress never intended that R.A. No. 7691 should repeal such special provisions is indubitably evident from the fact that it did not touch at all the opening sentence of Section 32 of B.P. Blg. 129 providing for the exception.
It is obvious that respondent judge did not read at all the opening sentence of Section 32 of B.P. Blg. 129, as amended. It is thus an opportune time, as any, to remind him, as well as other judges, of his duty to be studious of the principles of law, to administer his office with due regard to the integrity of the system of the law itself, to be faithful to the law, and to maintain professional competence.
Instant petition is GRANTED
Pursuant to a minute resolution by the COMELEC on October 29, 1996, nine informations for violation of Sec. 261(i) of the Omnibus Election Code were filed with Branch 23 of the RTC of Allen, Northern Samar.
In an Order issued on August 25, 1997, public respondent, presiding judge of Branch 23, motu proprio ordered the records of the cases to be withdrawn and directed the COMELEC Law Department to file the cases with the appropriate Municipal Trial Court on the ground that under Batas Pambansa Blg. 129, the Regional Trial Court has no jurisdiction over the cases since the maximum imposable penalty in each of the cases does not exceed six years of imprisonment.
All the accused are uniformly charged for Violation of Sec. 261(i) of the Omnibus Election Code, which carries a penalty of not less than one (1) year but not more than six (6) years of imprisonment and not subject to Probation plus disqualification to hold public office or deprivation of the right of suffrage.
Motions for reconsiderations filed by the COMELEC have been denied. Petitioners then filed the instant petition.
In its Manifestation, the Office of the Solicitor General, it is “adopting” the instant petition on the ground that the challenged orders of public respondent “are clearly not in accordance with existing laws and jurisprudence.”
Public respondent avers that it is the duty of counsel for private respondents interested in sustaining the challenged orders to appear for and defend him.
In their Comment, private respondents maintain that R.A. No. 7691 has divested the Regional Trial Courts of jurisdiction over offenses where the imposable penalty is not more than 6 years of imprisonment; moreover, R.A. 7691 expressly provides that all laws, decrees, and orders inconsistent with its provisions are deemed repealed or modified accordingly. They then conclude that since the election offense in question is punishable with imprisonment of not more than 6 years, it is cognizable by Municipal Trial Courts.
ISSUE:
Whether R.A. No. 7691 has divested Regional Trial Courts of jurisdiction over election offenses, which are punishable with imprisonment of not exceeding six (6) years.
RULING:
Under Section 268 of the Omnibus Election Code, Regional Trial Courts have exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code except those relating to the offense of failure to register or failure to vote.
In Morales v. Court of Appeals, the court held that by virtue of the exception provided for in the opening sentence of Section 32 of B.P. Blg. 129, the exclusive original jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts does not cover those criminal cases which by specific provisions of law fall within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, regardless of the penalty prescribed therefor. Otherwise stated, even if those excepted cases are punishable by imprisonment of not exceeding six (6) years (i.e., prision correccional, arresto mayor, or arresto menor), jurisdiction thereon is retained by the Regional Trial Courts or the Sandiganbayan, as the case may be.
Among the examples cited in Morales as falling within the exception provided for in the opening sentence of Section 32 are cases under (1) Section 20 of B.P. Blg. 129; (2) Article 360 of the Revised Penal Code, as amended; (3) the Decree on Intellectual Property; and (4) the Dangerous Drugs Act of 1972, as amended.
Undoubtedly, pursuant to Section 268 of the Omnibus Election Code, election offenses also fall within the exception.
As we stated in Morales, jurisdiction is conferred by the Constitution or by Congress. Outside the cases enumerated in Section 5(2) of Article VIII of the Constitution, Congress has the plenary power to define, prescribe, and apportion the jurisdiction of various courts. Congress may thus provide by law that a certain class of cases should be exclusively heard and determined by one court. Such law would be a special law and must be construed as an exception to the general law on jurisdiction of courts, namely, the Judiciary Act of 1948, as amended, and the Judiciary Reorganization Act of 1980. R.A. No. 7691 can by no means be considered as a special law on jurisdiction; it is merely an amendatory law intended to amend specific sections of the Judiciary Reorganization Act of 1980. Hence, R.A. No. 7691 does not have the effect of repealing laws vesting upon Regional Trial Courts or the Sandiganbayan exclusive original jurisdiction to hear and decide the cases therein specified. That Congress never intended that R.A. No. 7691 should repeal such special provisions is indubitably evident from the fact that it did not touch at all the opening sentence of Section 32 of B.P. Blg. 129 providing for the exception.
It is obvious that respondent judge did not read at all the opening sentence of Section 32 of B.P. Blg. 129, as amended. It is thus an opportune time, as any, to remind him, as well as other judges, of his duty to be studious of the principles of law, to administer his office with due regard to the integrity of the system of the law itself, to be faithful to the law, and to maintain professional competence.
Instant petition is GRANTED
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