Jalosjos vs. Comelec

#5 ROMMEL APOLINARIO JALOSJOS v. COMMISSION ON ELECTIONS and DAN ERASMO, SR. G.R. No.
191970, 24 April 2012, EN BANC (Abad, J.)

To insist that the candidate own the house where he lives to establish his residence or domicile in a particular place would make property a qualification for public office; what matters is that a candidate has proven two things: actual physical presence in such place and an intention of making it his domicile.
Petitioner Rommel Apolinario Jalosjos was eight years old when he left Quezon City, his place of birth. Subsequently, Jalosjos migrated to Australia where he acquired Australian citizenship. At the age of 35, Jalosjos decided to return to the Philippines and lived with his brother in Zamboanga Sibugay. Jalosjos took an oath of allegiance to the Republic of the Philippines and was issued a Certificate of Reacquisition of Philippine Citizenship by the Bureau of Immigration. Jalosjos also executed a sworn renunciation of his Australian citizenship in compliance with Republic Act (R.A.) 9225. Jalosjos then bought a residential property in the same village and a fishpond in San Isidro, Naga, Zamboanga Sibugay. Acting on Jalosjos' application for registration as a voter in the Municipality of Ipil, the Election Registration Board approved it and included Jalosjos' name in the respondent Commission on Elections' (COMELEC) voters list. Jalosjos filed his Certificate of Candidacy (COC) for Governor of Zamboanga Sibugay for the May 2010 elections. Co-Respondent Dan Erasmo, Sr., the Barangay Captain, filed a petition to cancel Jalosjos' COC on the ground that Jalosjos made material misrepresentation in his COC since he failed to comply with (1) the requirements of R.A. 9225 and (2) the one-year residency requirement of the Local Government Code. After hearing, the COMELEC ruled that while Jalosjos had regained Philippine citizenship by complying with the requirements of R.A. 9225, he failed to present ample evidence of a bona fide intention to establish his domicile in Ipil, Zamboanga Sibugay. ISSUE: Whether or not Jalosjos failed to present ample evidence of a bona fide intention of making Ipil, Zamboanga Sibugay his domicile
HELD:
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. It is inevitable under these guidelines and the precedents applying them that Jalosjos has met the residency requirement for provincial governor of Zamboanga Sibugay. It is clear from the facts that Quezon City was Jalosjos' domicile of origin, the place of his birth. It may be taken for granted that Jalosjos effectively changed his domicile from Quezon City to Australia when he migrated there at the age of eight, acquired Australian citizenship, and lived in that country for 26 years. Australia became Jalosjos' domicile by operation of law and by choice. On the other hand, when Jalosjos came to the Philippines to live with his brother in Zamboanga Sibugay, it is evident that Jalosjos did so with intent to change his domicile for good. Jalosjos left Australia, gave up his Australian citizenship, and renounced his allegiance to that country. In addition, Jalsojos reacquired his old citizenship by taking an oath of allegiance to the Republic of the Philippines, resulting in his being issued a Certificate of Reacquisition of Philippine Citizenship by the Bureau of Immigration. By his acts, Jalosjos forfeited his legal right to live in Australia, clearly proving that he gave up his domicile there. And he has since lived nowhere else except in Ipil, Zamboanga Sibugay. To hold that Jalosjos has not establish a new domicile in Zamboanga Sibugay despite the loss of his domicile of origin (Quezon City) and his domicile of choice and by operation of law (Australia) would violate the settled maxim that a man must have a domicile or residence somewhere. Indeed, a candidate is not required to have a house in a community to establish his residence or domicile in
a particular place. It is sufficient that he should live there even if it be in a rented house or in the house of a friend or relative. To insist that the candidate own the house where he lives would make property a qualification for public office. What matters is that Jalosjos has proven two things: actual physical presence in Ipil and an intention of making it his domicile.

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#5 ROMMEL APOLINARIO JALOSJOS v. COMMISSION ON ELECTIONS and DAN ERASMO, SR. G.R. No.

191970, 24 April 2012, EN BANC (Abad, J.)

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