PUNDAODAYA V COMELEC

GR Number/ Case Date: GR 179313 / Sept 17, 2009

Ponente: Ynares-Santiago
Petitioners: Makil U. Pundaodaya
Respondents: COMELEC and Arsenio Densing Noble
Subject: Consti 1
Topic: Residency Requirement
Rule of Law:

● Local Government Code, Section 39. Qualifications. -

(a) An elective local official must be a citizen of the Philippines; a registered voter in the
barangay, municipality, city, or province or, in the case of a member of the sangguniang
panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends
to be elected; a resident therein for at least one (1) year immediately preceding the day of
the election; and able to read and write Filipino or any other local language or dialect.

Doctrine:

A person’s registration as a voter in one district is not sufficient to establish domicile.

If one wishes to successfully effect a change of domicile, he must demonstrate an actual

removal or an actual change of domicile, a bona fide intention of abandoning the former place of
residence and establishing a new one, and definite acts which correspond with the purpose. Without
clear and positive proof of the concurrence of these three requirements, the domicile of origin
continues.

Facts:

o Petition for certiorari which assails the resolution of COMELEC En Banc declaring
Arsenio Densing Noble qualified to run for municipal mayor of Kinoguitan Misamis
Oriental (MO) in 2007 elections
o Makil Pundaoya, husband of Judith Pundaoya (who ran against Noble), alleged that
Pundaodaya
▪ lacked the residency qualification because he never resided not had any
physical presence at a fixed place n Misamis Oriental
▪ that he does not appear to have the intention of residing there permanently
▪ Pundaodaya is a resident of Cagayan de Oro City where he also maintains a
business called OBERT Construction Supply
o Respondent argued that
▪ He is a registered voter and resident of Misamis Oriental
▪ On January 18, 1992, he married Bernadith GO, dauther of then mayor of
Misamis Oriental
▪ He has engaged in electoral activities since his marriage
▪ He votes in the said municipality in th 1998, 2001, 2004 elections
● 2 Division of COMELEC: ruled in favour of Pundaodaya: Noble failed to show that he has
nd

acquired domicile in Misamis Oriental. He failed to prove his bodily presence and intention to
remain in Misamis oriental. Voting in the said municipality does not suddiciently establish his
actual residency in Kinoguitan Misamis Orental

● COMELEC En Banc: reversed 2nd Division decision : When Noble married Bernadeth Go, the
couple since resided in Kinoguitan, MO. He was a registered voter and participated in the last
 3 elections. And although engaged in business in Cagayan de Oro, he resided in Kinoguitan
and is a registered voter there.

Issue and Holding:

Should “residence” and “domicile” be construed as referring to “dwelling”?

Japzon v. COMELEC provided that the term “residence” is to be understood not in its common
acceptation as referring to “dwelling” or “habitation,” but rather to “domicile” or legal residence, that
is, “the place where a party actually or constructively has his permanent home, where he, no matter
where he may be found at any given time, eventually intends to return and remain (animus manendi).”
In Domino v. COMELEC, the Court explained that domicile denotes a fixed permanent residence to
which, whenever absent for business, pleasure, or some other reasons, one intends to return.

W/N Noble has has satisfied the residency qualification to run for mayor?

To effectively change domicile and to establish a new domicile of choice, personal presence in the
place must be coupled with conduct indicative of that intention. It requires not only such bodily
presence in that place but also a declared and probable intent to make it one’s fixed and permanent
place of abode. In this case, Noble’s marriage to Bernadith Go does not establish his actual physical
presence in Kinoguitan, Misamis Oriental. Neither does it prove an intention to make it his permanent
place of residence. Instead, the following documentary evidences shows his intent to make Misamis
Oriental his domicile:

● Certification that he is a resident of Barangay Lapasan Cagayan de Oro

● Affidavit of the Barangay Kagawan of Kinoguitan attesting that Noble has not resided in
Misamis Oriental

● Photos and official receipts showing that Noble and his wife maintained their residences and
businesses in Lapasan, Cagayan de Oro

● Tax declaration of properties in Cagayan de Oro

● Household Record of Bernadeth Go’s father in Kinoguitan which did not include Noble or his
wife disproving he resides with his father in law

Noble’s alleged change of domicile was done solely for the purepose of qualifying as a candidate in
the 2007 elections which is not allowed. The one year residency requirement is aimed at excluding
outsiders from taking advantage of favourable circumstances existing in that community for electoral
gain (Torayno Sr v COMELEC)

W/n Judith Pundaodaya can be proclaimed as the mayor upon the disqualification of Noble?

No, permanent vacancies n the office of the Mayor, the vice mayor shall become the mayor (Local
Government Code Section 44)
Ruling: Petition is DISMISSED GRANTED Noble is removed from position and the proclaimed vice
mayor is to succeed as mayor.

Montemayor, Aira Nikka S.