COMMISSION ON ELECTIONS, MOVE MAKATI, MATEO BEDON and JUANITO ICARO

Jun 16th, 2015
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The sanctity of the people's will must be observed at all times if our nascent democracy is to be preserved. In any challenge having the effect of reversing a democratic choice, expressed through the ballot, this Court should be ever so vigilant in finding solutions which would give effect to the will of the majority, for sound public policy dictates that all elective offices are filled by those who have received the highest number of votes cast in an election.

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Republic of the PhilippinesSUPREME COURTManilaEN BANCG.R. No. 120265 September 18, 1995AGAPITO A. AQUINO,petitioner,vs.COMMISSION ON ELECTIONS, MOVE MAKATI, MATEO BEDON and JUANITO ICARO,respondents.KAPUNAN,J.:The sanctity of the people's will must be observed at all times if our nascent democracy is to be preserved. In any challenge having the effect of reversing a democratic choice, expressed through the ballot, this Court should be ever so vigilant in finding solutions which would give effect to the will of the majority, for sound public policy dictates that all elective offices are filled by those who have received the highest number of votes cast in an election. When a challenge to a winning candidate's qualifications however becomes inevitable, the ineligibility ought to be so noxious to the Constitution that giving effect to the apparent will of the people would ultimately do harm to our democratic institutions.On March 20, 1995, petitioner Agapito A. Aquino filed his Certificate of Candidacy for the position of Representative for the new Second Legislative District of Makati City. Among others, Aquino provided the following information in his certificate of candidacy,viz:.(7) RESIDENCE (Complete Address): 284 AMAPOLA COR. ADALLA STS., PALM VILLAGE, MAKATI.xxx xxx xxx(8) RESIDENCE IN THE CONSTITUENCY WHERE I SEEK TO BE ELECTED IMMEDIATELY PRECEDING THE ELECTION: ______ Years and10Months.xxx xxx xxxTHAT I AM ELIGIBLE for said Office; That I wil

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