Dumpit-Michelena v. Boado

Dumpit-Michelena v. Boado
Nov. 17, 2005

Facts:

Dumpit-Michelena was a candidate for the position of mayor in the municipality of Agoo, La Union during the May 10, 2004 Synchronized National and Local Elections. Engineer Carlos Boado, Rogelio L. De Vera, Fernando Calonge, Benito Carrera, Salvador Carrera and Domingo Carrera sought Dumpit-Michelena's disqualification and the denial or cancellation of her certificate of candidacy on the ground of material misrepresentation under Sections 74 and 78of Batas Pambansa Blg. 881. Boado, et al. alleged that Dumpit-Michelena, the daughter of Congressman Tomas Dumpit, Sr. of the Second District of La Union, is not a resident of Agoo, La Union. Boado, et al. claimed that Dumpit-Michelena is a resident and was a registered voter of Naguilian, La Union and that Dumpit-Michelena only transferred her registration as voter to San Julian West, Agoo, La Union on October 24, 2003. Dumpit-Michelena countered that she already acquired a new domicile in San Julian West when she purchased from her father, Congressman Dumpit, a residential lot on April 19, 2003. She even designated one Gardo Fontanilla as a caretaker of her residential house. Dumpit-Michelena presented the affidavits and certifications of her neighbors in San Julian West to prove that she actually resides in the area. COMELEC rules in favor of Boado et al. The COMELEC En Banc denied in its ruling the motion for reconsideration filed by Dumpit-Michelena. Hence, the present recourse by Dumpit-Michelena.

Issues:

1.Whether Dumpit-Michelena's motion for reconsideration was filed on time;
2.Whether Dumpit-Michelena was denied due process of law; and
3.Whether Dumpit-Michelena satisfied the residency requirement under the Local Government Code of 1991.

Held:

1. SC ruled that the COMELEC En Banc committed grave abuse of discretion in denying Dumpit-Michelena's motion for reconsideration for late filing.

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