Aquino vs.

COMELEC, 62 SCRA 275

FACTS: The petitioner Agapito A. Aquino filed his Certificate of Candidacy for the position of
Representative for the new Second Legislative District of Makati City. Move Makati, a duly registered
political party, and Mateo Bedon, Chairman of the LAKAS-NUCD-UMDP of Brgy. Cembo, Makati City,
filed a petition for disqualification of the candidacy of Aquino. Residence is defined as same with
domicile and that be a requirement to qualify as a Representative of the said district. Petitioner assailed
the orders of COMELEC and raised numerous errors for consideration. The petitioner also appealed that
the candidate having the second highest votes should not be proclaimed as the winner for he already
lose as voter’s choice with regard to the order to the Board of Canvassers which is “to determine and
proclaim the winner out of the remaining qualified candidates”.

ISSUES:

WON the qualification of candidate for a government position will give effect to the democratic choice

HELD:

YES. A democratic government is necessarily a government of laws. In a republican government, laws

are ordained by the people. Through their representatives, they dictate the qualifications of those who
will sit in a government position. The petitioner lacks one of the qualifications but could not be
substituted by the majority will of the people because it is mandated by the fundamental law itself.

COMELEC (second division) dismissed the petition for the disqualification of Aquino on which the
petitioner. The private respondents filed an Urgent Motion Ad Cautelum to suspend the petitioner’s
Proclamation because of the Aquino have the highest votes that time and if he will win, the
proclamation shall be suspended. On May 15, 1995, COMELEC issued an Order suspending the
proclamation of the reign of Aquino. COMELEC en banc reversed the resolution of the second division,
which is now disqualifying the petitioner as candidate for he lacks the constitutional requirements.

Hence, the instant petition for Certiorari.

It has been stressed that ART VI Sec. 17 of the 1987 Constitution states that HRET would only acquire
jurisdiction when one becomes a member of it and even when a candidate garnered the majority votes,
a candidate who was not yet proclaimed and has not taken his oath of office cannot be said to be a
member.

The petitioner, having been disqualified and not proclaimed as the winner, tendered the lack of
jurisdiction of COMELEC to determine and proclaim the winner out of those remaining qualified
candidates.

The petition was DISMISSED and restraining order to COMELEC in proclaiming the candidate having the
second highest votes is made PERMANENT.