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Conflicting Jurisprudence
Conflicting Jurisprudence
Conflicting Jurisprudence
constituents' vital needs for their common welfare; and that his
nine months of actual stay in Uyugan, Batanes prior to his election
is a substantial compliance with the law. Petitioner insists that the
COMELEC gravely abused its discretion in cancelling his COC.
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absence from residence to pursue studies or
practice a profession or registration as a voter other than in
the place where one is elected, does not constitute loss of
residence.
And it reiterated the decision of the court in the case of
Aquino vs. COMELEC, to wit:
We do not find anything wrong in an individual
changing residences so he could run for an elective post, for
as long as he is able to prove with reasonable certainty that
he has effected a change of residence for election law
purposes for the period required by law.
Thus, there was no violation of the said Omnibus Code. If by
effect, the abovementioned decisions shall be applied, Caballero
stated that he had nine (9) months of actual stay in Uyugan,
Batanes prior to his election, this conforms his substantial
compliance with what the court has decided.
Further it cant be denied that in the case of Japzon vs.
COMELEC, the Court ruled that:
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