He cited Sec. 77 of the Omnibus Election Code, which prohibits substitution of a person whose certificate of candidacy 

(COC) has been canceled. Rep. Gomez substituted for her husband Richard whose COC was canceled for non-compliance of the 

rule on residency.


The Supreme Court (SC) ruled on a similar case, “Joel G. Miranda v. Antonio M. Abaya and Comelec” wherein it decided that 

substitution does not include cases where the COC of the person to be substituted had been canceled. “A canceled 

certificate does not give rise to a valid candidacy,” the SC quoted itself in its decision on Bautista v. Comelec.


Like her husband, Torres herself lacks the one year residency requirement in the Omnibus Election Code, because in her 

own Verified Answer, she admitted that her address is Colgate St., East Greenhills, Mandaluyong City, Tagolino said.


Torres also admitted in the same Verified Answer that being a wife, she was obliged to follow her husband’s domicile 

wherever he is as mandated by the Family Code which provides that “the domicile of the wife ought to follow that of the 

husband.”


Torres further admitted in the same Verified Answer that she applied for transfer of registration in Ormoc only on July 

23, 2009, which was two months short of the one-year residency and voter registration requirement of the Constitution, 

Tagolino said.


Art. VI sec. 6 of the 1987 Constitution provides that “No person shall be a Member of the House of Representatives unless 

he is…a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less 

than one year immediately preceding the day of the election.”


Taking into account the evidences he submitted, Tagolino asked the HRET to invalidate Comelec Resolution No. 8890 of the 

Provincial Board of Canvassers approving Torres’s substitution and to declare as stray the 101,250 votes casted for her. 

(PNA) 
RMA/FNC/rsm

Rep. Gomez accused of violating election law on residency