ERNESTO ARELLANO and COMMISSION ON ELECTIONS, Respondents. G.R. No. 181644 Facts: On Sept Septem embe berr 3, 20 2007 07,, COME COMELE LEC C annu annull lled ed the the proc procla lama mati tion on of ermil ermilian iana a !bain" !bain"a a as counci councilor lor of the the Munici Municipal palit# it# of $o%ell $o%ellar, ar, !lba# due to erroneous tall# of %otes. &he tall# sho'ed that (() %otes 'ere in fa%our of Ernesto !rellano but onl# indicated () %otes in 'ords and *+ures in the election return. !fter counterchecin+ the cop# of the the said said retur eturn, n, memb member ers s of the the -oar -oard d of Elec Electi tion ons s admi admitt tted ed the the clerical error error of %otes. &he, MR 'as also also denied. denied. ence, ence, this this petition petition for certiorari.
Issues: (/ hether hether the COMELEC COMELEC has ori+inal ori+inal 1urisdict 1urisdiction ion o%er o%er the petition for correction of manifest error and 2/ hether hether the COMELEC COMELEC erred erred in +rantin+ +rantin+ the petition petition for cor correcti ection on of mani manife fest st err error 'hic 'hich h 'as 'as in the the natu naturre of a pre pre proc procla lama mati tion on cont contrro%er o%ers# s# desp despit ite e the the proc procla lama mati tion on and and oath oath b# petitioner as elected councillor. Hed: (/ 4es, it has 1urisdiction 1urisdiction o%er corre correction ction of manifest error error pursuan pursuantt to Sec.5, Sec.5, Rule Rule 27 of the COMELEC COMELEC Rules Rules of 6rocedure. Sec. Sec. 5. Pre-p Pre-proc roclam lamati ation on Contr Controve oversi rsies es Which Which May Be Filed Filed Dire Direct ctly ly With With the the Comm Commis issi sion on.. a/ &he follo'in+ pre proc procla lama mati tion on cont contrro%er o%ersi sies es ma# ma# be *led *led dir directl ectl# # 'ith 'ith the the Commission 2/ hen hen the the issu issue e in%o in%ol% l%es es the the cor correcti ection on of manifest errors in the tabulation or tall#in+ of the results durin+ the can%assin+ as 'here (/ a cop# of the election returns or certi*cate of can%ass 'as tabulated more than once, 2/ t'o or more copies of the election returns of one precinct, or t'o or more copies of certi*cate of can%ass 'ere tabulated separatel#, 3/ there has been a mistae in the cop#in+ of the *+ures into the statement of %otes or into the certi*cate of can%ass, or )/ socalled returns from none8istent precincts 'ere included in the can%ass, and such such erro errors rs could could not ha%e ha%e been been dis disco% co%er ered ed durin+ durin+ the can% can%as assi sin+ n+ despi despite te the the e8erci ercise se of due due dili dili+e +enc nce e and and proclamation of the 'innin+ candidates had alread# been made. ! 9manifest error: is one that is %isible to the e#e or ob%ious to the understandin+ that 'hich is open, palpable, incontro%ertible, needin+ no e%idence to mae it more clear. !s stated in the assailed Resolution of the COMELEC, the error in the entr# in the election return is %er# e%ident to the e#e, needin+ no e%idence to mae it clear. clear. 6etitioner;s 6etitioner;s proclam proclamation ation,, and e%entual e%entual assumption assumption of o
&he petition 'as ho'e%er dismissed because the petition raised purel# technical ob1ections and did not dispute the *ndin+ of the COMELEC on the error in the total number of %otes re=ected in the election return.
ROMMEL A!OLINARIO "ALOS"OS, #s THE COMMISSION ON ELECTIONS and >!? ER!SMO, SR., Respondents. @.R. ?o. (A(A70 !pril 2), 20(2
FACTS: Rommel $alos1os 'as born in Bue"on Cit# on October 2, (A73. e mi+rated to !ustralia in (AD( 'hen he 'as ei+ht #ears old and there acuired !ustralian citi"enship. On ?o%ember 22, 200D, at a+e 35, he decided to return to the 6hilippines and li%ed 'ith his brother in Fpil, Gamboan+a Sibu+a#. Hour da#s upon his return, he too an oath of alle+iance to the Republic of the 6hilippines, hence, he 'as issued a Certi*cate of Reacuisition of 6hilippine Citi"enship b# the -ureau of Fmmi+ration. On September (, 200A he renounced his !ustralian citi"enship, e8ecutin+ a s'orn renunciation of the same in compliance 'ith Republic !ct R.!./ A225. Hrom the time of his return, $alos1os acuired a residential propert# in the same %illa+e 'here he li%ed and maintained a *sh pond. e applied for re+istration as a %oter in the Municipalit# of Fpil but respondent Erasmo, the -aran+a# Captain, opposed the said act. Election Re+istration -oard appro%ed it and included $alos1os; name in the COMELEC %oters list. Erasmo *led before the M&C a petition for the e8clusion of $alos1os; name from the o
ISS$E: hether or not $alos1os failed to compl# 'ith the (#ear residenc# reuirement
HEL%: $alos1os complied 'ith the (#ear reuirement. Ft is true that his domicial 'as Bue"on Cit#, his domicile of ori+in, the place of his birth.
o'e%er, his domicile 'as chan+ed from Bue"on Cit# to !ustralia 'hen he mi+rated there at the a+e of ei+ht, acuired !ustralian citi"enship, and li%ed in that countr# for 2 #ears. !ustralia became his domicile b# operation of la' and b# choice. hen he came to the 6hilippines in ?o%ember 200D to li%e 'ith his brother in Gamboan+a Sibu+a#, it is e%ident that $alos1os did so 'ith intent to chan+e his domicile for +ood. Fn addition, he reacuired his old citi"enship b# tain+ an oath of alle+iance to the Republic of the 6hilippines, resultin+ in his bein+ issued a Certi*cate of Reacuisition of 6hilippine Citi"enship b# the -ureau of Fmmi+ration. -# his acts, $alos1os forfeited his le+al ri+ht to li%e in !ustralia, clearl# pro%in+ that he +a%e up his domicile there.e has since li%ed no'here else e8cept in Fpil, Gamboan+a Sibu+a#. !s to the issue that he cannot claim Fpil as his domicile as he 'as li%in+ in his brother;s house, the court said that a candidate need to ha%e a house in a communit# to establish residence. Ft is su
L$IS R. &ILLAF$ERTE , Petitioner , v. COMMISSION ON ELECTIONS AN% MIG$EL R. &ILLAF$ERTE , Respondents. G.R. No. '(66)8, Fe*+ua+ '-, '(14 FACTS: 6etitioner and respondent 'ere both candidates for the @ubernatorial position of the 6ro%ince of Camarines Sur in the Ma# (3, 20(3 local and national elections. On October 25, 20(2, petitioner *led 'ith the COMELEC a Ieri*ed 6etition 3 to den# due course to or cancel the certi*cate of candidac# COC/ of respondent, alle+in+ that respondent intentionall# and materiall# misrepresented a false and decepti%e nameJnicname that 'ould mislead the %oters 'hen he declared under oath in his COC that 9LKR!4 $R.KMF@G: 'as his nicname or sta+ename and that the name he intended to appear on the o
On $anuar# (5, 20(3, the COMELEC;s Hirst >i%ision denied the petition for lac of merit. La's and 1urisprudence on the matter are clear that material misrepresentation in the COC pertains onl# to uali*cations of a candidate, such as citi"enship, residenc#, re+istration as a %oter, a+e, etc. ?othin+ has been mentioned about a candidate;s nameJnicname
as a +round to den# due course or cancel hisJher COC. COMELEC en banc ai%ision;s decision. ence this petition.
Fssue hether or not respondent committed a material misrepresentation under Section 7D of the Omnibus Election Code so as to 1ustif# the cancellation of his COC. eld ?O. 9Material misrepresentation: under the earlierKuoted Section 7D of the Omnibus Election Code refers to 9uali*cations for electi%e o
