G.R. No.

179695 December 18, 2008

MIKE A. FERMIN, petitioner,
vs.
COMMISSION ON ELECTIONS and UMBRA RAMIL BAYAM DILANGALEN, respondents.
G.R. No. 182369 December 18, 2008
MIKE A. FERMIN, petitioner,
vs.
COMMISSION ON ELECTIONS and UMBRA RAMIL BAYAM DILANGALEN, respondents.
FACTS:
Fermin led his Certicate of Candidacy (CoC) for mayor of Northern Kabuntalan.
Private respondent, another mayoralty candidate, led a Petition for Disqualication against Fermin.
The petition alleged that the petitioner did not possess the period of residency required for candidacy.
Elections were held without any decision being rendered by the COMELEC. Dilangalen emerged as
the victor over Fermin. The latter subsequently led an election protest.
On 2007, COMELEC ruled that Fermin is a resident of a barangay not a component of the local
government unit in which he seeks to be elected as of May 15, 2006 and is therefore not qualied or
eligible to seek election as mayor in the said municipality. In its decision, the COMELEC relied on the
oath of ofce subscribed and sworn to before Gov. Ampatuan, in which petitioner indicated that he was
a resident of Barangay Payan, Kabuntalan as of April 27, 2006.
ISSUE:
WON the COMELEC gravely abuse its discretion when it relied on a single piece of evidence to
support its nding that the petitioner was not a resident
HELD:
The mere ling of a petition and the convenient allegation therein that a candidate does not
reside in the locality where he seeks to be elected is insufcient to effect the cancellation of
his CoC. Convincing evidence must substantiate every allegation. A litigating party is said to
have a prima facie case when the evidence in his favor is sufciently strong for his opponent
to be called on to answer it. A prima facie case, then, is one which is established by sufcient
evidence and can be overthrown only by rebutting evidence adduced on the other side.
WHEREFORE, the petitions for certiorari are GRANTED