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Prepared by: Obligado

Marcita Mamba Perez | VS. | Commission on Elections and Rodolfo E. Aguinaldo took his oath of office on May 17, 1998.

PETITIONER: Marcita Mamba Perez 5. On May 22, 1998, the petitioner filed a motion for reconsideration which was
RESPONDENTS: COMELEC and Rodolfo E. Aguinaldo initially denied by the COMELEC on June 11, 1998. Per Section 6 of the
Republic Act No. 6646, proceedings for disqualifications should be
SUMMARY: Rodolfo Aguinaldo allegedly did not comply with the one-year continued even after elections if the respondent has not been proclaimed.
residency requirements for the May 11, 1998 elections as Representative of the Further, the respondent was already a member of the House of
Third District of Cagayan. Prior to the elections, a petition was initially submitted Representatives in which the Court has no jurisdiction.
however was dismissed by the First Division of COMELEC. The petition for
reconsideration upon proclamation was then dismissed.
ISSUES:
DOCTRINE: Pre-proclamation Controversies v. Election Contests; Scope of
inquiry; When proper election contest 1. Whether Rodolfo Aguinaldo’s proclamation as Representative of the Third
Contest after proclamation is the jurisdiction of House of Representatives District of Cagayan Province be suspended.
Electoral Tribunal.
RULING:

The petition was dismissed. Since the respondent is already a member of the House of
FACTS: Representatives, the HRET has the jurisdiction over the petition.

1. On March 26, 1998, Rodolfo Aguinaldo, the private respondent, filed his
certificate of candidancy as Representative of the Third District of Cagayan
for the May 11, 1998 elections. Four days after, Marcita Mamba Perez filed
a petition to disqualify the respondent for he had not been a resident of the
district for at least one year.

2. The petitioner presented respondent’s certificate of candidacy for Governor


of Cagayan in the 1988, 1992, and 1995 elections; voter’s affidavit used in
1987, 1988, 1992, 1995, and 1997 elections and voter registration record
dated June 22, 1997 all of which indicates that he is a resident of Gattaran
part of the First District of Cagayan.

3. In his response, while being a resident of Gattaran, Cagayan, the respondent


transferred his residence to Tuguegarao, Cagayan in 1990 by renting an
apartment in order to hide his mistress from public view because his marriage
from former wife is not yet annulled. He presented affidavit of the owner of
the apartment, contract of lease of residential apartment from 1995 to 1996,
his marriage license dated January 7, 1997, marriage license with present
wife, birth ceritificate of their daughter and various letters.

4. On May 10, 1998, the petition of Marcita Perez for disqualification against
private respondent Rodolfo Aguinaldo was dismissed. On May 11, 1998,
election was held. Private respondent won, proclaimed on May 16, 1998 and

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