Philippine Supreme Court Resolutions

"G.R. No. 201926 (Perliza Ruizol Soriano v. Commission on Elections and Jose B. Bolangos). - The Court DISMISSES  the Petition for Certiorari dated 05 June 2012 filed by Perliza Ruizol Soriano for failure to comply with the requirements under Rule 65 of the Rules of Court, in relation to Rule 64. To be precise, petitioner Soriano failed to submit proof that a copy of the said Petition had been served on public respondent Commission on Elections (COMELEC). (Rule 64, Section 5) In addition, only a photocopy of the questioned 30 April 2012 COMELEC Resolution was attached to the Petition, and not a duplicate original or certified true copy thereof as required under the Rules.

Even if the Court were to observe liberality by setting aside the procedural defects of the instant Petition, petitioner Soriano is still deemed to have failed to establish that respondent COMELEC exercised grave abuse of discretion in disqualifying her as a candidate for vice-mayor of Siocon, Zamboanga del Norte in the 10 May 2010 elections. Relying on our ruling in Japzon v. COMELEC (G.R. No. 180088, 19 January 2009, 576 SCRA 331, 347), the COMELEC En Banc correctly ruled that petitioner failed to establish her one-year residency in the Philippines and six-month residency in Siocon, in order to be eligible to be a local candidate in the 2010 elections. The re-acquisition of Philippine citizenship by petitioner on 27 November 2009 has no automatic impact or effect on her residence/domicile. After her renunciation of her American citizenship, her length of residence in Siocon, Zamboanga del Norte shall be determined from the time she made it her domicile of choice and shall not retroact to the time of her birth. Hence, the COMELEC committed no grave abuse of discretion in ruling that petitioner Soriano was disqualified as a candidate for failing to comply with the residency requirement. cralaw

Consequently, the prayer of petitioner for a writ of preliminary injunction and/or status quo ante order is likewise DENIED."

Abad, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court