Neglect of duty the court of appeals invoked the

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neglect of duty, the Court of Appeals invoked the courts discretion to temper the harshness of its judgment with mercy and cited humanitarian reasons for the modification of the decisions of the GSIS and the CSC. Again, we do not agree with the Court of Appeals. Section 53 of the Uniform Rules on Administrative Cases in the Civil Service is clear that length of service may be considered either as mitigating or aggravating depending on the circumstances of the case. Here, it was shown that Clave was previously found guilty by the GSIS of simple neglect of duty in Adm. Case No. 05-02711 in its Decision dated 12 February 2007 for unauthorized cancellation of the loan and header of one Basilio C. Benitez. In that case, the GSIS suspended Clave for three months. Earlier, in another Decision12 dated 10 November 2005, the GSIS found Clave guilty of conduct prejudicial to the interest of the service for her participation in a mass action that resulted in the disruption of GSIS operations, for which she was meted the penalty of suspension for six months and one day. Hence, Claves length of service in the government could not mitigate her
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POLITICAL LAW CASE DIGESTS 6 APRIL 2012 JALOSJOS v. COMELEC G.R. No. 191970, April 24, 2012 En Banc, Abad, J. DOCTRINE: Election law; Residency requirement : The Local Government Code requires a candidate seeking the position of provincial governor to be a resident of the province for at least one year before the election. For purposes of the election laws, the requirement of residence is synonymous with domicile, meaning that a person must not only intend to reside in a particular place but must also have personal presence in such place coupled with conduct indicative of such intention. There is no hard and fast rule to determine a candidate’s compliance with residency requirement since the question of residence is a question of intention. Still, jurisprudence has laid down the following guidelines: (a) every person has a domicile or residence somewhere; (b) where once established, that domicile remains until he acquires a new one; and (c) a person can have but one domicile at a time. DIGEST: The sole issue presented in this case is whether or not the COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction in ruling that Jalosjos failed to present ample proof of a bona fide intention to establish his domicile in Ipil, Zamboanga Sibugay. The Local Government Code requires a candidate seeking the position of provincial governor to be a resident of the province for at least one year before the election. For purposes of the election laws, the requirement of residence is synonymous with domicile, meaning that a person must not only intend to reside in a particular place but must also have personal presence in such place coupled with conduct indicative of such intention.
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