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TEODULO M. COQUILLA, petitioner,vs. THE HON. COMMISSION ON ELECTIONS and MR. NEIL M. ALVAREZ, Respondents .

FACTS: Coquilla was born on 1938 of Filipino parents in Oras, Eastern Samar. He grew up and resided there until 1965, when he was subsequently naturalized as a U.S. citizen after joining the US Navy. On1998 he came to the Philippines and took out a residence certificate, although he continued making several trips to the United States. Coquilla eventually applied for repatriation under R.A. No. 8171 to the Special Committee on Naturalization which was approved on November 7, 2000, and, on November 10, 2000, he took his oath as a citizen of the Philippines. On November 21, 2000, he applied for registration as a voter of Butnga, Oras, Eastern Samar which was approved in 2001. On February 27, 2001, he filed his certificate of candidacy stating that he had been a resident of Oras, Eastern Samar for "two (2) years. Oras incumbent mayor, Neil Alvarez, who was running for re election sought to cancel Coquillas certificate of candidacy on the ground that his statement as to the two year residency in Oras was a material representation as he only resided therein for six months after his oath as a citizen. Before the COMELEC could render a decision, elections commenced and Coquillo was proclaimed the winner. On July 19, 2001, the Second Division of the COMELEC granted Alvarez petition and ordered the cancellation of petitioners certificate of candidacy. ISSUE: Was COMELECs order of cancellation of the certificate of candidacy Teodulo M. Coquilla proper ? RULINGCOMELEC properly ordered the cancellation of CoquillaS COC. COMELEC still had jurisdiction over his case although he was already proclaimed because RA 6646 provides that the proceedings for disqualification of candidates or for the cancellation or denial of certificates of candidacy, which have been begun before the elections, should continue even after such elections and proclamation of the winners. In this case, the COC was correctly cancelled because Coquilla did not possess the legal qualification of at least 1 year residency. The term "residence" is to be understood as the" domicile" or legal residence. He has lost his domicile of origin in Oras by becoming a U.S. citizen and he has not reestablished his claimed domicile in Oras by mere filing of taxes or by obtaining a voters registration as it only requires six-months residency. The material falsification he committed merits the cancellation of his COC

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