Professional Documents
Culture Documents
Faypon Vs Quirino
Faypon Vs Quirino
Faypon Vs Quirino
CONSTI-‐I
the
U.S.A.;
that
he
had
just
recently
arrived
in
the
Philippines;
and
SUFFRAGE
that
he
did
not
have
the
required
one-‐year
residence
in
the
Philippines
and
the
six-‐month
residence
in
Tolosa
to
qualify
him
to
FAYPON
VS
QUIRINO
1
register
as
a
voter
in
Barangay
Malbog,
Tolosa,
Leyte.
Romualdez
contends
that
he
has
been
a
resident
of
Tolosa,
Leyte,
since
the
Romualdez
vs
RTC
1
early
1980's,
and
that
he
has
not
abandoned
his
said
residence
by
Velasco
vs
COMELEC
2
his
physical
absence
therefrom
during
the
period
from
1986
up
to
the
third
week
of
December
1991.
After
due
hearing,
the
CENIZA
vs
COMELEC
2
Municipal
Court
of
Tolosa,
Leyte
held
in
favor
of
the
petitioner
People
v
Corral
2
Advincula
then
appealed
the
case
to
the
respondent
court
then
it
AKBAYAN
YOUTH
VS.
COMELEC
3
rendered
the
assailed
decision
that
the
petitioner
is
disqualified
to
register
as
a
voter
for
the
1992
elections
and
hereby
reverses
the
decision
of
the
lower
court
in
toto.
Hence,
this
recourse.
FAYPON
VS
QUIRINO
Issue:
G.R.
No.
L-‐7068
December
22,
1954
Whether
or
not
the
respondent
court
erred
in
finding
the
petitioner
to
have
voluntarily
left
the
country
and
abandoned
his
FACTS:
residence
in
Malbog,
Tolosa,
Leyte.
Respondent
was
born
in
Caoayan,
Ilocos
Sur;
came
to
Manila
to
pursue
his
studies;
went
to
United
States
for
the
same
purpose;
Held:
returned
to
the
Philippines;
and
engaged
in
the
newspaper
work
in
WHEREFORE
PREMISES
CONSIDERED,
the
court
finds
the
Manila,
and
Iloilo.
When
he
ran
for
the
office
of
Provincial
respondent
to
be
a
resident
of
Brgy.
Malbog,
Tolosa,
Leyte
and
Governor
of
Ilocos
Sur,
he
was
proclaimed
by
the
provincial
board
qualified
to
register
as
a
voter
thereat.
Hence,
the
instant
petition
of
canvassers
as
the
governor.
A
petition
for
quo
warranto
was
for
exclusion
of
Philip
G.
Romualdez
from
the
list
of
voter
of
filed
by
the
petitioner
on
the
ground
of
respondent's
ineligibility
Precinct
No.
9,
Malbog,
Tolosa,
Leyte
is
hereby
ordered
DENIED
for
the
said
office
because
of
alleged
lack
of
residence.
The
and
petition
DISMISSED.
petitioner
relies
on
the
fact
that
the
respondent
registered
as
voter
in
Pasay
City
in
1946
and
1947.
ISSUE:
Romualdez
vs
RTC
Sept.
14,
1993
Whether
or
not
respondent's
acts,
activities,
and
utterances
constitute
abandonment
or
loss
of
his
residence
of
origin.
Facts:
Petitioner
Romualdez
is
a
natural-‐born
citizen;
the
son
of
Kokoy
RULING:
Romualdez
and
a
niece
of
Imelda
Marcos.
In
1980,
he
established
NO.
The
Court
ruled
out
that
mere
absence
from
one's
residence
his
residence
in
Malbog,
Tolosa,
Leyte.
However,
in
1986,
during
or
origin
-‐
domicile
-‐
to
pursue
studies,
engage
in
business,
or
the
days
of
People
Power,
relatives
of
the
deposed
President
practice
his
avocation,
is
not
sufficient
to
constitute
abandonment
(Marcos),
fearing
for
their
personal
safety,
fled
the
country.
One
of
or
loss
of
such
residence.
them
are
the
Romuladezes
–
they
left
the
country
and
sought
asylum
in
the
United
States.
A
citizen
may
leave
the
place
of
his
birth
to
look
for
"greener
However,
in
1991,
the
U.S.
Immigration
informed
them
to
depart
pastures"
to
improve
his
lot.
When
election
is
to
be
held,
the
from
the
U.S.
or
else
they’ll
be
deported.
Upon
receipt
of
the
citizen
who
left
his
birthplace
to
improve
his
lot
may
desire
to
information,
Romuladez
went
back
to
the
Philippines
and
did
not
return
to
his
native
town
to
cast
his
ballot
but
for
professional
or
delay
his
return
to
his
residence
in
Leyte
and
immediately
business
reason,
he
may
not
be
absent
himself
from
the
place
of
registered
himself
as
a
voter.
his
activities;
so
there
he
registers
as
voter.
Despite
such
In
1992,
herein
private
respondent
Advincula
filed
a
petition
to
registration,
the
animus
revertendi
to
his
home,
to
his
domicile
or
exclude
petitioner
from
the
list
of
the
voters
alleging
that
the
residence
of
origin,
he
has
not
forsaken
him.
Thus,
registration
of
a
latter
is
a
U.S.
resident,
and
residency
is
a
qualification
for
a
voter
in
another
place
has
not
been
deemed
sufficient
to
registered
voter.
However,
the
MTC
denied
the
petition
but
when
constitute
abandonment
or
loss
of
such
residence.
the
respondent
elevated
the
petition
to
the
RTC,
the
appellate
court
reversed
MTC’s
ruling
and
disqualified
Romuldez
as
a
registered
voter.
Hence,
this
case.
Romualdez
vs
RTC
226
SCRA
408
Issue:
Whether
petitioner
is
qualified
to
be
a
registered
voter
in
Malbog,
Facts:
Tolosa,
Leyte
despite
his
sudden
departure
to
the
U.S?
Philip
Romualdez,
the
petitioner,
is
a
natural
born
citizen
of
the
Philippines,
the
son
of
the
former
Governor
of
Leyte,
Benjamin
Ruling:
"Kokoy"
Romualdez,
and
nephew
of
the
then
First
Lady
Imelda
The
Court
held
that
YES,
Petitioner
is
qualified
as
a
registered
Marcos.
Sometime
in
the
early
part
of
1980,
the
petitioner,
in
voter
because
he
is
still
considered
a
resident
of
Malbog,
Tolosa,
consonance
with
his
decision
to
establish
his
legal
residence
at
Leyte.
Barangay
Malbog,
Tolosa,
Leyte,
caused
the
construction
of
his
Stating
that,
the
political
situation
brought
about
by
people’s
residential
house
therein.
He
soon
thereafter
also
served
as
Power
Revolution
must
have
caused
great
fear
to
the
Barangay
Captain
of
the
place
where
he
voted.
After
the
people
Romualdezes,
and
as
having
concern
over
the
safety
of
their
power,
petitioner
left
the
country
and
fled
to
America
for
asylum.
families,
their
self-‐exile
is
understandable.
Moreover,
their
sudden
When
Romualdez
arrived
in
the
Philippines
in
December
1991,
he
departure
cannot
be
described
as
‘voluntary’
or
‘abandonment
of
did
not
delay
his
return
to
his
residence
at
Malbog,
Tolosa,
Leyte.
residence’.
During
the
registration
of
voters
conducted
by
the
COMELEC
on
It
must
be
emphasized
that
the
right
to
vote
is
a
most
precious
February
1,
1992
for
the
Synchronized
National
and
Local
Election
political
right;
a
bounden
duty
of
every
citizen
enabling
them
to
scheduled
for
May
11,
1992,
petitioner
registered
himself
anew
as
participate
in
the
government
process
to
ensure
the
will
of
the
a
voter
at
Precinct
No.
9
of
Malbog,
Tolosa,
Leyte.
On
February
21,
people.
1992,
Donato
Advincula,
respondent,
filed
a
petition
with
the
MTC
of
Tolosa,
Leyte,
praying
that
Romualdez
be
excluded
from
the
list
of
voters
in
Precinct
No.
9
of
Malbog,
Tolosa,
Leyte,
under
BP
881
and
RA
7166
alleging
that
Romualdez
was
a
resident
of
Massachusetts,
U.S.A.;
that
his
profession
and
occupation
was
in
1
Velasco
vs
COMELEC
3. Thus,
the
petitioners
filed
for
prohibition
and
mandamus.
HOLDING:
FACTS:
1.
NO.
The
constitution
confers
no
right
to
a
voter
in
city
to
vote
This
petition
for
certiorari
seeks
to
set
aside
and
annul
the
for
the
provincial
officials
of
the
province
where
the
city
is
located.
resolutions
denying
the
COC
Velasco
had
filed
for
the
position
of
Moreover,
provincial
governments
have
no
supervision
over
highly
Mayor
of
the
Municipality
of
Sasmuan,
Pampanga.
The
distinctions
urbanized
cities
thus
it
is
only
proper
to
exclude
aforementioned
between
inclusion/exclusion
proceedings
and
COC
voters
from
provincial
elections
since
their
interest
won’t
be
vitally
denial/cancellation
proceedings,
refute
and
belie
Velasco's
affected.
position
that
the
COMELEC
improperly
ruled
on
his
right
to
vote
when
it
cancelled
his
COC.
2.
NO.
The
practice
of
allowing
voters
in
one
component
city
to
vote
for
provincial
officials
whilst
denying
the
same
to
voters
of
another
component
city
is
a
matter
of
legislative
discretion
which
ISSUE:
violates
neither
the
Constitution
nor
the
right
to
suffrage.
Is
decision
in
an
inclusion/exclusion
proceeding
operate
as
a
bar
to
any
future
action
challenging
one’s
right
to
be
registered
as
a
3.
NO.
The
requirement
for
plebiscite
came
with
the
1973
voter?
Constitution
while
the
City
of
Mandaue
came
into
existent
in
June
21,
1969.
It
is
a
general
rule
that
constitutional
provisions
should
HELD:
Inclusion/exclusion
proceedings,
while
judicial
in
character,
apply
prospectively
only.
are
summary
proceedings.
A
decision
in
an
inclusion/exclusion
proceeding
does
not
operate
as
a
bar
to
any
future
action
in
any
RULING:
other
election
that
a
party
may
take
concerning
his
right
to
be
WHEREFORE,
the
petition
should
be,
as
it
is
hereby
dismissed.
registered
as
a
voter.
A
ruling
on
the
right
to
vote
by
the
trial
court
Costs
against
the
petitioners.
for
a
specific
election
is
binding
on
the
COMELEC.
By
clear
implication,
the
COMELEC
itself
does
not
rule
on
the
right
to
vote
by
recognizing
in
a
Sec.
78
COC
denial/cancellation
proceeding
the
Related
Provisions:
final
and
executory
ruling
by
a
court,
as
mandated
by
law,
in
an
inclusion/exclusion
proceeding.
a.
Batas
Blg.
51,
Sec
3(2).
Until
cities
are
reclassified
into
highly
urbanized
and
component
cities
in
accordance
with
the
standards
established
in
the
Local
Government
Code
as
provided
for
in
62
In
Velasco
v.
Comelec,
this
Court
pronounced
that
election
Article
XI,
Sec.
4
(1)
of
the
Constitution,
any
city
now
existing
with
victory
cannot
be
used
as
a
magic
formula
to
bypass
election
an
annual
regular
income
derived
from
infrastructure
and
general
eligibility
requirements;
otherwise,
certain
provisions
of
laws
funds
of
not
less
than
forty
million
pesos
(P40,000,000.00)
at
the
pertaining
to
elections
will
become
toothless.
One
of
which
is
time
of
the
approval
of
this
Act
shall
be
classified
as
a
highly
urbanized
city.
All
other
cities
shall
be
considered
components
of
Section
39
of
the
Local
Government
Code
of
1991,
which
specifies
the
provinces
where
they
are
geographically
located.
the
basic
positive
qualifications
of
local
government
officials.
If
in
Velasco
the
Court
ruled
that
popular
vote
cannot
override
the
b.
R.A.
5519
Sec.
96.
Participation
of
voters
in
provincial
election.
63
required
qualifications
under
Section
39, a
fortiori,
there
is
no
The
qualified
voters
of
the
city
shall
not
be
entitled
to
vote
in
any
reason
why
the
Court
should
not
follow
the
same
policy
when
it
election
for
the
offices
of
the
Provincial
Governor,
Vice-‐Governor,
64
comes
to
disqualifications
enumerated
under
Section
40
of
the
and
Members
of
the
Provincial
Board
of
the
Province
of
Cebu,
but
any
of
such
qualified
voters
can
be
a
candidate
for
any
provincial
same
law.
After
all,
"[t]he
qualifications
set
out
in
[Section
39]
are
office.
roughly
half
of
the
requirements
for
election
to
local
public
offices.
The
other
half
is
contained
in
the
succeeding
section
which
lays
1973
Constitution,
Art.
XI,
SEC.
4.
(1).
Provinces
with
respect
to
down
the
circumstances
that
disqualify
local
component
cities
and
municipalities,
and
cities
and
municipalities
65
candidates." cralawrednad
with
respect
to
component
barrios,
shall
ensure
that
the
acts
of
their
component
units
are
within
the
scope
of
their
assigned
powers
and
functions.
Highly
urbanized
cities,
as
determined
by
standards
established
in
the
local
government
code,
shall
be
independent
of
the
province.
CENIZA
vs
COMELEC
(2)
Local
government
units
may
group
themselves,
or
consolidate
FACTS:
or
coordinate
their
efforts,
services,
and
resources
for
purposes
The
case
is
about
a
petition
for
prohibition
and
mandamus
against
commonly
beneficial
to
them.
the
COMELEC
filed
by
the
petitioners
as
taxpayers
and
registered
voters
of
Mandaue
City
after
the
voters
of
the
said
city
were
prohibited
from
voting
provincial
officials
for
Cebu.
Their
petition
was
denied
for
lack
of
merit.
People
v
Corral
G.R.
No.
L-‐42300
(Jan.
31,
1936)
ISSUES:
1. WON
the
right
to
suffrage
of
Mandaue
City
voters
have
been
violated.
Facts:
2. WON
there
was
a
denial
of
equal
protection.
3. WON
the
charter
is
unconstitutional
for
lack
of
a
plebiscite.
1. On
December
22,
1979,
the
Interim
Batasang
Pambansa
Appellant
was
charged
having
voted
illegally
at
the
general
a
elections
held
on
June
5,
1934.
After
due
trial,
he
was
convicted
on
enacted
Batas
Blg.
51 providing
for
local
elections
on
the
ground
that
he
had
voted
while
laboring
under
a
legal
January
30,
1980.
To
implement
this
ACT,
the
COMELEC
adopted
Resolution
No.
1421
which
included
a
list
of
disqualification.
The
judgment
of
conviction
was
based
on
section
cities
whose
registered
voters
were
not
allowed
to
vote
2642,
in
connection
with
section
432
of
the
Revised
Administrative
for
provincial
officials.
Code.
2. In
the
said
COMELEC
Resolution,
voters
from
Mandaue
City,
despite
the
City
not
qualifying
as
a
highly
urbanized
city,
were
barred
from
provincial
elections
as
based
from
the
It
is
undisputed
that
appellant
was
sentenced
by
final
judgment
of
c this
court
promulgated
on
March
3,
1910
to
suffer
eight
years
and
City’s
Charter .
2
one
day
of
presidio
mayor.
No
evidence
was
presented
to
show
voters
registration
shall
be
conducted
within
120
days
before
the
that
prior
to
June
5,
1934,
he
had
been
granted
a
plenary
pardon.
regular
election.
The
right
of
suffrage
is
not
absolute.
It
is
It
is
likewise
undisputed
that
at
the
general
elections
held
on
June
regulated
by
measures
like
voters
registration
which
is
not
a
mere
statutory
requirement.
The
State,
in
the
exercise
of
its
inherent
5,
1934,
the
voted
in
election
precinct
No.
18
of
the
municipality
police
power,
may
then
enact
laws
to
safeguard
and
regulate
the
of
Davao,
Province
of
Davao.
act
of
voter’s
registration
for
the
ultimate
purpose
of
conducting
honest,
orderly
and
peaceful
election,
to
the
incidental
yet
Counsel
for
the
appellant
contend
that
inasmuch
as
the
latter
generally
important
end,
that
even
pre-‐election
activities
could
be
voted
in
1928
his
offense
had
already
prescribed,
and
he
could
no
performed
by
the
duly
constituted
authorities
in
a
realistic
and
longer
be
prosecuted
for
illegal
voting
at
the
general
election
held
orderly
manner
–
one
which
is
not
indifferent
and
so
far
removed
on
June
5,
1934.
from
the
pressing
order
of
the
day
and
the
prevalent
circumstances
of
the
times.
RA
8189
prevails
over
RA
8436
in
that
Issue:
RA
8189’s
provision
is
explicit
as
to
the
prohibition.
Suffice
it
to
say
that
it
is
a
pre-‐election
act
that
cannot
be
reset.
1. W/N
the
state
has
the
right
to
deprive
a
person’s
right
to
Further,
even
if
what
is
asked
is
a
mere
two-‐day
special
suffrage
registration,
COMELEC
has
shown
in
its
pleadings
that
if
it
is
2. W/N
the
appellant’s
contention
that
the
end
of
his
allowed,
it
will
substantially
create
a
setback
in
the
other
pre-‐
election
matters
because
the
additional
voters
from
the
special
punishment
thus
ends
of
his
disqualification
for
election
two
day
registration
will
have
to
be
screened,
entered
into
the
has
merit.
book
of
voters,
have
to
be
inspected
again,
verified,
sealed,
then
Held:
entered
into
the
computerized
voter’s
list;
and
then
they
will
have
to
reprint
the
voters
information
sheet
for
the
update
and
distribute
it
–
by
that
time,
the
May
14,
2001
elections
would
have
Yes.
The
right
of
the
State
to
deprive
persons
to
the
right
of
been
overshot
because
of
the
lengthy
processes
after
the
special
suffrage
by
reason
of
their
having
been
convicted
of
crime,
is
registration.
In
short,
it
will
cost
more
inconvenience
than
good.
beyond
question.
"The
manifest
purpose
of
such
restrictions
upon
Further
still,
the
allegation
that
youth
voters
are
disenfranchised
is
this
right
is
to
preserve
the
purity
of
elections.
The
presumption
is
not
sufficient.
Nowhere
in
AKBAYAN-‐Youth’s
pleading
was
that
one
rendered
infamous
by
conviction
of
felony,
or
other
base
attached
any
actual
complaint
from
an
individual
youth
voter
offense
indicative
of
moral
turpitude,
is
unfit
to
exercise
the
about
any
inconvenience
arising
from
the
fact
that
the
voters
privilege
of
suffrage
or
to
hold
office.
The
exclusion
must
for
this
registration
has
ended
on
December
27,
2001.
Also,
AKBAYAN-‐
Youth
et
al
admitted
in
their
pleading
that
they
are
asking
an
reason
be
adjudged
a
mere
disqualification,
imposed
for
extension
because
they
failed
to
register
on
time
for
some
protection
and
not
for
punishment,
the
withholding
of
a
privilege
reasons,
which
is
not
appealing
to
the
court.
The
law
aids
the
and
not
the
denial
of
a
personal
right.
vigilant
and
not
those
who
slumber
on
their
rights.