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LIMBONA v.

COMELEC SUMMARY: the withdrawal of a certificate, despite approval of COMELEC, does not necessarily render the certificate void ab inition. Once filed, the permanent legal effects produced thereby remain even if the certificate itself be subsequently withdrawn. Thus, in this case, although Limbona withdrew her certificate of candidacy, the subsequent disqualification of her husband required that she file a new certificate of candidacy as a substitute. The second filing of a certificate of candidacy thus once again put her qualifications in issue. FACTS: ISSUES: 1. 2. 3.

Norlaine Limbona, together with her husband Mohammad, were running as mayor for lanao del norte, against Alingan. Alingan filed a complaint, petition to disqualify Mohammad and Norlaine Limbona for noncompliance of the residency requirement. Limbona subsequently filed for withdrawal of her candidacy, which COMELEC granted. COMELEC also granted Alingans petition to disqualify for failing to satisfy the satisfy the one year requirement and for not being a registered voter. Thus, Norlaine filed a new certificate as a substitute candidate. Again, Alingan filed a petition to disqualify Norliane Limbona. Limbona won in the elections. However, the COMELEC subsequently disqualified her for she did not comply with the residency requirement, voter registration and nullity of her certificate of candidacy. Thus, this case was filed. W/N the COMELEC committed GADLEJ in proceeding to resolve the petition for disqualification against Norlaine despite the prior approval of Norlaines certificate of candidacy W/N Norlaine satisfied the one year requirement W/N Alingan will succeed Norlaine as Mayor?

HELD: Petition dismissed RATIO: 1. the withdrawal of a certificate, despite approval of COMELEC, does not necessarily render the certificate void ab inition. Once filed, the permanent legal effects produced thereby remain even if the certificate itself be subsequently withdrawn. When Norlaine filed her certificate of candidacy, such act produced legal effects, and the withdrawal of the same, despite the approval of the COMELEC, did not bar or render nugatory the legal proceedings it had set in motion. Thus, COMELEC did not commit GADLEJ when it ruled on the mertis of the petition. To note, the second filing of a certificate of candidacy one again put her qualifications in issue. 2. NORLAINE FAILED TO SATISFY the ONE-YEAR REQUIREMENT the term residence is synonymous with domicile, which imports not only the intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention. The manifest intent of the law in fixing a residence qualification is to exclude A stranger or newcomer, unacquainted with the conditions and needs of a community. In order to acquire a domicile by choice, there must be (1) residence or bodily presence in the locality (2) intention to remain there (3) an intention to abandon the old residence/domicile. - To effect change of domicile, an actual removal or an actual change of domicile is needed, thus a bona fide intention of abandoning the former place of residence coupled with a new one. Thus, there must be an anumus manendi and animus non revertendi. The purpose to remain in or at the domicle of choice must be for an indefinite period of time, the change of residence must be voluntary and the residence at the place chosen for the new domicile must be actual. In this case, she failed to comply with the residency requirement, thus disqualified to run 3. Alingan will not succeed norlaine as mayor

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