Norlainie Mitmug Limbona vs Commission on Elections and Malik T. Alingan

​G.R. NO. 186006    October 16, 2009
G.R. NO. 186006    October 16, 2009
Norlainie Mitmug Limbona , Petitioner              vs
Commission on Elections and Malik T. Alingan, Respondents.
 
Facts:
Petitioner Norlainie Limbona , her husband, and respondent Malik Alingan were mayoralty candidates in Pantar, Lanao Del Norte. After filing their Certificate of Candidacy, Respondent filed a petition of disqualifying the husband of petitioner for non compliance with the one year residence requirement. Subsequently, respondent also filed the same petition, this time against the petitioner. Petitioner filed a withdrawal of her candidacy which the COMELEC granted. The COMELEC granted the disqualification of petitioner’s husband. Petitioner filed a new Certificate of Candidacy as substitute candidate for her husband which was approved by COMELEC. Respondent yet again sought Petitioner’s disqualification.
Petitioner claimed that she has been staying , sleeping and doing business in her house for more than 20 months in Lower Kalangaan.
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Issue: Whether or not petitioner satisfied the one year residency requirement and qualify to run for the office mayor in Pantar, Lanao del Norte?
 
Ruling:
No. Petitioner failed to qualify the one-year residence requirement. In order to acquire domicile by choice, there must be residence or bodily presence in the new locality, an intention to remain there, and intention to abandon the old domicile. A person’s domicile once established is considered to continue and will not be deemed lost until a new one is established.
 
The court noted the findings of the COMELEC that petitioner’s domicile of origin is Manguing, Lanao Del Norte, which is his also her place of birth; and that her domicile by operation of law by virtue of marriage, is Rapusan, Marawi City. Hence, failure to comply with the residence requirement, Petitioner is disqualified to run for the office of mayor in Pantar, Lanao del Norte.