Proofs of residence for election purposes - G. R. No. 193261

G. R. No. 193261

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In view of this Court’s finding that petitioner has not misrepresented his residence at Pinagtong-ulan and the duration thereof, there is no need to further discuss whether there was material and deliberate misrepresentation of the residency qualification in his COC.
As a final note, we do not lose sight of the fact that Lipa City voters manifested their own judgment regarding the qualifications of petitioner when they voted for him, notwithstanding that the issue of his residency qualification had been raised prior to the elections. Petitioner has garnered the highest number of votes (55,268 votes as opposed to the 48,825 votes in favor of his opponent, Oscar Gozos)[95] legally cast for the position of Mayor of Lipa City and has consequently been proclaimed duly elected municipal Mayor of Lipa City during the last May 2010 elections[96]
In this regard, we reiterate our ruling in Frivaldo v. Commission on Elections[97]that “(t)o successfully challenge a winning candidate's qualifications, the petitioner must clearly demonstrate that the ineligibility is so patently antagonistic to constitutional and legal principles that overriding such ineligibility and thereby giving effect to the apparent will of the people, would ultimately create greater prejudice to the very democratic institutions and juristic traditions that our Constitution and laws so zealously protect and promote.”
Similarly, in Japzon v. Commission on Elections,[98] we concluded that “when the evidence of the alleged lack of residence qualification of a candidate for an elective position is weak or inconclusive and it clearly appears that the purpose of the law would not be thwarted by upholding the victor's right to the office, the will of the electorate should be respected. For the purpose of election laws is to give effect to, rather than frustrate, the will of the voters.”
In sum, we grant the Petition not only because petitioner sufficiently established his compliance with the one-year residency requirement for local elective officials under the law. We also recognize that “(a)bove and beyond all, the determination of the true will of the electorate should be paramount. It is their voice, not ours or of anyone else, that must prevail. This, in essence, is the democracy we continue to hold sacred.”[99]
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